The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-06-04

Dale. trustee for said, The Mlddlasel
Banking company certain Deed o
Trust, conveying to him in trust To-
said company the following described
real estate, situated in Utah county
Utah territory, to VIII:
The southeast quarter ~ of section
twelve (12l, township eight (S) south o
range one ( II east. SAT- Lake meridian
together with all the rights of the use
of the water for iTrigatlng said prem
lses, and for domestic use thereon tt
which the parties of the first part Ill
said Deed OF Trust or The
premises thereby conveyed are
now or may hereafter become en-
Tilted. or which now are or may here.
after be used on said premises, how
ever, the same may be evidenced, and
together with all shares of stock or
shares nof water, in any ditch or
irrigation company, which in any man
ner entltle the Said parties OF the first
part to water Tor Irrigation or do
nestle purposes upon sad premises,
which said Deed of Trust WAS alter
wards duly filed for record In the office
Of the County Recorder OF Utah County,
| Utah Territory, on the Fourth day OF
! May 1893 and thereafter duly recorded
in Book III" of Mortgages at page 537
OF said records In said county.
HEREAS, Itis provided IN said Trust
/ Deed that lii case OF default on the
payment of said notes or any part there
oil, OIL the interest thereon according 10
the terms thereof, or in case OF the
breach of any of the agreements or
covenants therein mentioned, and
WHEREAS, 1t Is further provided in
SAID Trust Deed. that IN case of de.
fault in the pay ment OF any one OF the
installments OF principal or interest OF
said notes or in case the first parties
therein Should fail to preserve, protect
and project all water rights thereby
conveyed or to pay before the same
shall become delinquent, all taxes or
assessments that may become charge
able within the said territory of Utah,
against said premises or any part there
of, and to pay when due all assess
mentS on the ditch OF water rights or
shares of stock thereby or otherwise
conveyed to secure the said notes, and
IN case of failure so to pay such sum or
Gums CT so TO pay said taxes or assess
mentS. the said Trustee or his success
sIrS may pay such taxes or asse smentS
and th5 sum Or sums OF money which
may be paid by said Irussee in any
case specified with interest from time
OF such payment ct twelve per cent.
per annum shall be immediately due
and payable, and shall become SO much
additional indebtedness secured by said |
Trust Deed; that then and in either or
any such cases the whole sum of said |
NV GnnITnH
interest thereon as agreed, shall at the |
option of the legal holder of said notes, |
or any one of them, become immedi- |
ately due and payable without notice
and such holder may proceed to collect |
the same under said Trust Deed or
otherwise as they may elect, or in any |
case as above provided, the SAlG trustee |
authorized aud 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 land |
all the right, title and benefit and |
equity of redemption of the first parties
therein st public auction, at the front
door of the county courthouse where |
the said premises are situated ,Or on said |
premises OF any part thereof, as may |
be specified in the notice of such sale
for the highest and best price the same
will bring in cash, at LEAST four weeks
notice having been given of such sale
by advertisement, published once
week in any daily or weekly news
paper at that tiue puhlAhed-.s 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 sac, good and sui
ticlent deed or deeds of conveyance for
the premises sold, and out of the pro
ceeds of such sale shall pay: First, all
charges and expenses of executing this
trust. Second, the debt and all other
sums of mOnev due or to become due
with interest, including
commission of five per cent, to the
trustee for his services and his costs
and expenses and the additional sum
Ol five per cent. on SUCH deOt as attor-
ney s fees, and third, to render the over
plus tif any unto the first parties
therein, on reasonable request. And
WHEREAS, Default has been made in
payment OIL the interest on said princi
pal note due on the first day of Novem
Der, A ID. 1893, amounting to the sum
If forty nine and so 100 dollars, also
he sum which became due on the
irst day of May 1894. amounting to the
sum of forty eight dollars, also the sum
IN said installment note amounting to
and Us 100 dollars which be-
,4me due on the first day of November
4. u. 1898; also the sum due or said in
fol 70 I,rkrT |
wo dollars which became due on the
irst day of May 1894 and interest due
mi accrued thereon since said dates
1t the rate of twelve per cent, per
Lnnum, and default has also been made
Z the payment of taxes, assessed and .
evied upon SAD property described III
aid Trust Deed amounting to the sum
II $3.50, which said The MiddleseX
Banking Company, tie owner and
lolder of said notes, was obliged to
Day and did pay on the 18th day of |
lnuary A. ID. 1894. And l
WHEREAS, default has been made in :
he payment of the assessment levied /
n september 18th 1898 upon eighty I
hares OF water stock in the Lake Shore :
irrigation company, certificate No %,
to the sum OF $3.50, which 9
aid sum The Middlesex Banking Com
any was obliged to aud did pay on the /
8th day of December 1893, and which !
aid water stock was part of the Sc
unity conveyed to said trustee in said
iced of Trust. And
WHEREAS, the said The Middlesex t
Banking Company, the owner and
older of said notes, has elected and
oes eject to exercise the option given 7
t in said notes to- declare the whole I
note and installment note
ue and payable, by reason of said de-
ault In the payment of said interest
nd installmenJs which be ;ame due