The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-11

NOTICE OF SALE UNDER DEED OF
Irust-Whereas on the 18th 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
4D and fortyfive G5J. in block three 90,
! 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
3rd day of February, 1894. and recorded in
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 Titan, at the request of the legal
owner and holder of said pre-1lissory
note, may proceed to sell the property
hereinbefore described or any part there
OF, at public Vendue. to the highest bid
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 days 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 exc
cute and deliver a deed in fee simple of
the property sold. to the purchaser or
ceeds of said sale to pay: First, the
costs and expenses of executing this
trust. including legal compensation 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
parties or their legal representa-
tiyes; and, whereas, the interest, in
the sum of $4,000 which became and was
due and payable upon said promis-
sorry note, January 18th, 1895, remains due
and is wholly unpaid. and by reason of
said default, the whole of said note and
thereon TO the 5th day of January, 1895,
is, by the terms of said note and trust
deed due and collectable and unpaid, and
has been by the legal owner and holder
payable. and no part of the same having
been paid: and, whereas, the second
party, Sa1Q William LdnGIOn. mas 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 ID. 1895. at the hour
of II o'clock NJ. noon, on said day, at the
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-
If;9u to said Trustee for his services, as in
said Need provided. and the amount of the
principal OF said note. with the interest
fheredn, at ten per cent. per annum from
JanuaKy 18th, 1884, TO date, and will make
CONVEYANCE to the purchaser of said
premisds HARVEY HARDY.
Sheriff tpf Salt Lake County, Successor in
JAMESvH. MOYLE. Attorney.
Dated May 9Th, 1855.