The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-21

NOTICE OF SALE UNDER DEED OF
Trust.-W hereas, On the 9th day of jan
uary, 1894. Thomas II. Mott, jr., and his
wife. Agnes NJ. Mott, executed and deliv-
cred to William Langton, as trustee, all
of Salt Lake City and County, Territory
of Utah, their certain deed of trust,
lam Langton the following described
property situate in Salt Lake County.
Utah Territory, to--wit: Lots. forty-four
of Thorndyke addition to said Salt Lake
City, in trust, however, to secure the pay
ment of a certain promiSsory note for the
sum of 100000, of even date with said
deed, with interest thereon at the rate of
ten per cent. per annum from date until
paid, executed by said Thomas H Mott
jr., and Agnes NJ. Mott, TO said William
said deed was duly filed for record In the
Office of the County Recorder of Salt
Lake County, Territory Of Utah. on the
Book ''3-B'' of Mortgages, page $50. of the
Records of said County, reference to
which as part hereof is hereby made:
and. whereas, said deed provides, that in
case default be made in the payment
of said promiSsory note, or the Interest
thereon or any part thereof, that then
the whole shall become due and payable
and the said party of the second part or
in case of his absence, death refusal
to act, or disability in any wise the then
acting Sheriff of Salt Lake County, Terri
tory of Utah, at the request of the legal
owner and holder of said promissory
note, may proceed to sell the property
hereinbefore described or any. part there
der. at the front door of the County
Court House, at the County Seat of Salt
Lake County. Territory of Utah, for
cash. first giving thirty Gays public no.
tice of the time, terms and place of sale
and description Of the property to be
sold. by advertisement IN some Newspaper
printed and published in the County Of
Salt Lake, and upon such sale shall eye
cute and deliver a deed in fee simple OF
the property sold. to the purchaser or
purchasers thereof; and out of the Dro-
costs and expenses Of executing this
trust including legal compensa ton to the
trustee for his services, and ten per cent
attorneys fees, as provided in said deed
of trust, and next to apply the proceeds
remaining over to the payment of said
debt and interest due thereon, with the
remainder; If fh.i any, Ito to said first
lives; and, whereas. the interest, in
the sum of $4,000 which became and was
due and payable upon said promis-
and is wholly unpaid. and by reason OF
said default, the whole of said note and
Indebtedness, principal, and interest
thereon to the 5th day of January 1905
is, by the terms of said note and trust
deed due and collectable and unpaid. and
has been by the legal owner and holder
thereof declared Immediately due and
payable, and no part of the same having
been paid; and. whereas, the second
party, said William Langton, has and
does refuse to act as such trustee, and
has and does now refuse to execute the
trust imposed upon him in said trust
deed, Notwithstanding the fact that he
has been requested to so act and to sell
the property hereinbefore described by
the legal holder of said note for the pur-
pose of paying said note and interest. and
the legal owner and holder Of said note
has requested the undersigned to exercise
the power in me vested. as the now act-
ing Sheriff of Salt Lake County, Utah
Territory, as the successor in trust
under said deed. Now, therefore,
pursuant to the power in me vested BY
said trust deed, and at the request of the
legal owner and holder of said promis-
sorry note, l, Harvey Hardy. Sheriff OF
Salt Lake County. Utah Territory, as
successor in trust, will, on Monday, the
10th day of June, A. D. 1895, at the hour
Front Door of the County Court House
at the County Seat of Salt Lake County
Utah Territory. sell for cash to the high
est bidder, at public auction. the premises
hereinbefore and in said trust deed de-
scribed, to pay the expenses of said trust.
including attorneys fee, and compenSa-
ton to said trustee for his services as in
said deed provided, and the amount of the
principal of said note. with the interest
thereon. at ten per cent. per snnum from
January 4th, 1894, to date, AMI viii make
conveyance to the purchas err of said
premises HARVEY HARDY
Sheriff of Salt Lake County, Successor in
Trust.
JAMES n. MOYLE. Attorney,
Dated May 9Th, 1895.