The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-08

NOTICE OF SALE UNDER DEED OF
Trust.-Whereas On the 5th day of jan
uary, 1894, Thomas H. Mott, jr and his
wife, Agnes NJ Mott. executed and deliy-
of Salt Lake City and County, Territory
of Utah, their certain deed of trust,
whereby they conveyed 10 the said Will
lam Langton the following described
property, situate in Salt Lake County
Utah Territory, to-wit: Lots forty-fotir
GD and forty-fve 90. in block three (3).
City, in trust, however, to secure the pay
ment of 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
Langton, as trustee, or order, and which
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, 1884, and recorded in
Book ''3-B'' of Mortgages, page $50. of the
Records of said County, reference to
which as part hereof is hereby mazda.
and, whereas, said deed provides. that in
case default be made il the paymenf
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 Dart or
in case of MS absence, death, refusal
acting Sheriff of Salt Lake County Terri
tory of Utah. at the request of the legal
owner and holder Of said promissory
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
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
purchasers thereof; and out Of the pro-
ceeds of said sale to pay First, the
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
remainder. If any, 10 said first
lives: and. whereas. the interest, in
the sum of $4,000 which became and was
due and payable upon said promis-
sory note, January 5th, 1885, remains due
and is wholly unpaid, and by reason of
said default the whole of said note and
Indebtedness, principal, and interest
thereon 10 the 18th day Of January 1896
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
mas 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 acL 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
fhe legal owner and holder OF said note
has requested the undersigned to exercise
the power in me vested, as the now act
Irsrritorv- as the successor in trust
under said deed. Now, therefore.
pursuant to the power IN me vested by
legal owner and holder OF said promis-
sorry note. l, Harvey Hardy, Sheriff of
successor in trust, WILL on Monday. the
10th day of June. A D. 1895. at the hour
of II O'clock NJ. noon, on said day. at the
at the County Seat of Salt Lake County,
Utah Territory. sell for cash to the high