The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-31

NOTICE OF SALE UNDER. DEED OF
Trust.-Whereas, ca the 5th day of jan
uary, 1894. Thomas H. Mott. jr., and his
wife. Agnes NJ. Mott. executed and deliv-
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 tina
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 II. Mott.
jr., and Agnes N. Mott. TO said William
Langton, as trustee, or order, and which
said deed was duly filed for record In The
Office Of the County Recorder OF Salt
3rd day of February, 1894, and recorded in
Book ''3-B' of Mortgages. page go, of the
which as a 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 sfthars
the whole shall become due and payable.'s
and the said party Of the second part or
to act, or disability in any wise, the then
acting Sheriff of Salt Lake County. Terri
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
tice of the time, terms and place of sale.
and description of the property to be
printed and published in the County Of
Salt Lake, and upon such sale shall exc
cute and deliver a deed in fec simple Of
purchasers thereof; and out Of the pr or
ceeds of said sale to pay. First, the
costs and expenses or executing this
trustee for his services, and ten per cent
attorneys fees, as provided in said deed
of trust. and next to apply the proceeds
debt and interest due thereon. with the
remainder. if any. to said first
fiTes and. whereas. the infe gresenta n
the sum of $4,000 which became and was
due and payable a, upon 1coz said prOnis-
and is wholly unpaid, and by reason OF
said default, the whole of said note and
Indebtedness; principal, and interest
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 and; whereas; the second
does refuse to act as such trustee. and
has and does now refuse to execute tbs
trust imposed upon MIN 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, I. Harvey Hardy, Sheriff OF
Salt Lake County, Utah Territory, as
successor in trust, will, on Monday the
10th day of June, A d. 1885, 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-
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 annum from
January 4th. 1894. to date. and will make
conveyance TO the purchaser of said
premises. HARVEY HARDY
Sheriff of Salt Lake County. Successor IN
Trust
JAMES II. MOYI.E. Attorney. -