The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-03
TRUSTEES, SALE.

NOTICE IS HEREBY GIVEN. THAT
whereas, Frank G. Brown, OF the Guy Oh
New York, State of New YORK, ny ,t ni5
certain deed of trust made and eX eoeE6
Il. Rosborough and Samuel A. MerritC
then delivered and duly recorded IN c sne
recorders office in the County OF SAT-
mortgages, page 1143. did grant. bargain
convey and confirm to the said Rosoor1
ough and Merritt, who are the parties OF
tne second part in said deed, certain mln-
ing property situate in the County of salt
Lake and Territory of Utah, and in the Big
Cottonwood mining district in said coun,
as follows, to-wit: Those certain mining
claims situated on Kesler's Peak in said
mining district, county and territory
Donate, the Baker, the Sailor Jack, Alto
Iees, Defiance, Eureka and Ebel mining
claims, also the Ebel tunnel, and being
FRANK g: Brown by John W. Kerr, John
T. Mcbride, John P. Lawson and George
=. Harkins, which said conveyance was
"a 1sin Indebtedness dggregating some Sixty
thousand Dollars, evidenced by two prom
lssso5y notes. bearing even date with said
Gseo OF trust and executed by the said
rank u. Brown. and payable to the or
Isr 81 John P. Lawson and George Q.
5a4a the parties cf the third part in
IpeIng Tor the sum of Ten Thousand Dol
a la[s, payable January 1st, 1879 and the
U tIn OF said proTe::Gsory notes being for
ire sum of Fifty Thousand Dollars, due
ana payable on the first day of March,
iSi9, each of said notes bearing interest
5lnereon from date until paid. Which said
qeed OIL trust and the notes secured there
by; having prior hereto been by the said
John P. Lawson and George C. Harkins
assigned. transferred, made over and de-
l1Vered for value, to Hamilton Odell of the
City of New York, State of New York. by
deed of assignment bearing date March
Ilth. Si9 and duly recorded in the county
I Teeorder's office of Salt Lake county,
Utah Territory, in book H of mortSlS-
es, page 169; said Hamilton Odell being
now the legal owner and holder of said
mortgage and notes: And whereas, it was
other things, that "if default shall be
Hade in the payment OF any OF said sums
OF principal or interest when due. in the
manner stipulated in said promissory
notes, or in the reimbursement of any
amounts herein provided to be paid or of
any interest thereon. then the said par
tles OF the second part, or the. survivor OF
them, their successors or assigns, on APP
pncatlon OF the party of the third part
or their assigns, shall sell the above
granted premises, or such part thereof as
IN their discretion they shall find it neces-
sary TO sell in order to accomplish the
object of these trusts in the manner fol-
lowing, namely: They shall first publish
the. time and place of such sale with q, de-
scription of the property to be sold at
least once week for two weeks, in some
newspaper published in the city and coun-
| time postpone such sale by publication
and on the day of sale so advertised, or
| to which such sale may be postponed,
they may sell the property SO advertised,
in any county where any part of said
property may be situated, to the highest
cash bidder and the holder or holders OF
said promissory note, their agent or as
signs may bid and purchase at such sale. -
And whereas. the said promissory note
last falling due. to-wtt,. the note for Fifty
ThnrrSoT3d laIto FOL 61ro On 10
LIST, 1879, remains wholly unpaid to the eX-
tent of Thirty-five Thousand Five Hundred
Dollars; there having been paid thereon
Thousand Five Hundred Dollars, which
said balance of Thirty-fve Thousand Five
/ Hundred Dollars bears interest thereon
note, to-wit, March LIST, 1879, at. the rate
of ten per cent per annum, and that no
! I1rt of said Thirty-fve Thousand Five
Hundred Dollars, or of the interest there
same remains wholly due and unpaid
Now, therefore, we, the undersigned, Jo-
seph B. Rosborough and Samuel A. Mer-
| rift, trustees as aforesaid. at the request
Of the legal owner and holder of said
note last above described, and by virtue
of the authority given us in said deed OF
ions thereof, will, on Saturday, the 18th
| day of December, 1894, between the hours
| of II o'clock m. and 3 o'clock p m, OF
| that day, at the south front door of tbs
old county court house, in the city and
| county of Salt Lake, Territory of Utah
proceed to sell and sell the above des
! cribed mining property, at public. auction
| to the highest bidder for cash in hand, il
| order to pay said note and interest anC
the costs of this trust. or so much thereol
as it may pay; and upon such sale beins
made, being thereunto duly authorized by
said deed, we shall make, execute anC
deliver to the purchaser or purchasers OF
said property good and sufficient deed
or deeds, conveying all the interest which
the said Frank g. Brown had in and tc
day of November, 1873, ard which we have
or hold therein as trustees.
| Salt Lake City, Utah, Nov. g. 1894.
JOSEPH B. ROSBOROUGH,
SAMUEL A. MERRITT,
| Trustees