The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-10
TRUSTEES SALE.

| by virtue of the laws of the state of
Connecticut, and doing business at Salt
Lake City, Utah territory, his GER
tain promissory note in writing of
| that date. for the principal sum of
| three hundred and fifty dollars. pay
able on the first day of May, A. D..
1898, with interest thereon at the rate
of six per cent per annum from the date
thereof until maturity, payable semi-an-
nually as follows: Ten and $4,000 dollars
on the first. day of November, A. D., 1893
and ten and 50HG0 dollars on the first day
of each succeeding May and November
thereafter, the principal of said note.
after maturity and all interest not paid
when due, to bear interest at the rate of
IL per cent per annum from the time due
till paid. Also certain other promis--
sorry. note for the sum of seventy and
2?/1O0 dollars of even date with said pr1n-
cipal note, payable in installments as fol-
| lows: Seven and 251G0 dollars on the first
day of November, A. D., 1893, and seven
dollars on the first day of each succeed
the full sum of seventy and 25/100 dollars
has been fully paid, the last 1nstallmeNt
being due on the first day of May, A. D.,
1898, each inStallment bearing interest at
the rate of II per cent per annum after
maturity until paid, and, Whereas, 1t is
provided in said notes. that if default
should be made in the payment of any
one of the installments of interest or
principal as above set forth, then the
said principal sums with all arrearages
of interest, should at the election OF
H.,
and payable, such election to be made at
any time after default and without no
tice. That to secure the payment to SAID
The Middlesex Banking company of said
notes and interest as specified therein,
the said Louis Peterson, on said 24th day
of April, A. D., 1893, made, executed and
delivered to William H. Dale, trustee for
said The Middlesex Banking company,
certain deed of trust conveying to him
in trust for said company the following
described real estate. situated In Salt
Lake county, Utah territory to-wit: Com
mencing at the northeast corner of the
township four az south of range one %
west, Salt Lake meridian and running
thence west sixty 600 rods, thence south
eighty (80) rods, thence east ten Q0) rods,
thence north forty 40) rods, thence east
fifty (50) rods, thence north forty (4W
rods to the place of beginning, containing
l!12 acres. more or less, together with all
rights to use of the water for irrigating
said premises and for domestic use there
on, to which the party of the first part
in said trust deed, or the premises there
come entitled to, or which now are or may
hereafter be used on said premises, how
ever the same may be evidenced, and to-
gether with all shares of stock or shares
OF water in any ditch or irrigation COM
pany which in any manner entities the
said party of the first part to water for
irrigation or domestic purposes upon said
premises, which said trust deed was af-
flee of the county recorder of Salt Lake
county, Utah territory, on the 18th day
of April, A.. D., 1888 and thereafter duly
recorded d, In n book "3,R" of trust deeds at
as, 1t is provided in said trust deed, that
in case of default in the payment of said
notes or any part thereof or the interest
thereon according to the terms thereof,
or in case of default in the payment
of any one of the installments of prin-
ciple or interest of said notes, or IN case
of the breach of any of the agreements
or covenants therein specified, that then
and In either or any such case the whole
sum of said promissory notes thereby Sc
cured and interest thereon as agreed.
shall at the option of the legal holder of
said notes, or any one of them, become
Immediately due and payable without
notice, and such holder may proceed to
collect the same under said trust deed
case as above provided the said trustee
is authorized and empowered to enter
upon, possess, hold and enjoy the above
premises, and either with .or without
such entry, to sell and dispose of the
said premises and all water or irriga-
ton rights aforesaid, or shares OF stock
in any ditch or irrigation company and
all the right, title, benefit and equity OF
redemption of the first party therein, at
public auction at the front door of the
county court house where the said prem
ises are situated, or on said premises or
any part thereof as may be specified in
and best price the same will bring IN
cash, at least four weeks notice having
been given of such sale by adver-
tisement published once a week IN any
daily or weekly newspaper at that time
published in the county in which said
premises or any part thereof are situated
and to make, execute and deliver to the
purchaser or purchasers, at such sale,
good and sufficient deed or deeds of con-
veyance for the premises sold and out of
the proceeds of such sale shall pay: First
ALI charges and expenses of executing
the trust. Second-The debt and all other
sums of money due or to become due
Hereunder, with interest, including a
commission. of five per cent; to the trustee
for his services and his costs and expens-
es, and the additional sum of five per cent.
on such debt as attorneys fees, and third,
to render the over-plus Gf any unto the
first party therein on reasonable request.
And, whereas, default has been made in
the payment of the interest on said prin-
cipal note due or the first day of Noven-
90-100 dollars, also the sum which became
due on the first day of May, 1894, amount
ing to ten $4,000 dollars also the sum on
said installment Eote which became due
amounting to seven 25-1OO dollars. also the
sum on said ipstallment note which be-
came due on the first day of May, 1891,
amounting 10 seven dollars and in
at the rate of u per cent. per annum and,
whereas, the said The Middlesex Banking
company, the ov Ter and holder of said
notes, has elected and does elect to exer-
else the option given 1t in said notes to
declare the whole principal note and in
stallment note due and payable, by reason
of said default in the payment of the in
terest and installments which became due
and payable as above set forth, whereby
the conditions of said trust have been
broken, and the said The Mfddlesex Bank
ing company has made written applica-
ton to the Undersigned as trustee in said
deed of trust to advertise and sell said
property described in said trust deed In
accordance with the terms and provisions
in said trust deed contained, and out of
the proceeds of such sale. first. to pay all
charges and expenses of executing said
sums of money due or to become due
Hereunder with interest, and. third. to
render the overplus Gf any unto the first
party therein, his legal representatives or
assigns. Now, therefore. public notice Is
hereby given that on Tuesday, the 9Th
day OF October, 1894. at twelve
o'clock noon of said day, at the
house in Salt Lake county, Utah
territory, I, William H. Dale, as trustee
named in said trust deed, will sell, at pub
lie auction said above described land, and
in said trust deed described, together with
all the right, title. interest and equity of
redemption of said Louis Peterson. his
heirs and assigns therein, together with
all water right therein, for irrigation or
domestic purposes, to the highest and best
bidder for cash in hand, for the purpose
of paving off said notes and interest to-
fyether with the costs and expenses of
executing the trust including attorney S
fees and trustees fees. and all other ex-
said trust deed. Terms of sale cash
Dated this 9th day of Sent 1904