The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-06-01

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 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-wtt: Lots. forty-four
GD and forty-hye C45), in block three %,
of Thorndyke addition to said Salt I,aks
City, in trust, however, TO secure the paw
ment of a certain prom ssory note for the,
SII1 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 Notr
jr., and Agnes NJ. Mott. to said William
Langton, as trustee, or order. an6 which
said deed was duly filed for record in the
Office of the County Recorder of Salt
Lake County. Territory of Utah. on the
Srd day of February, 1894, and recorded in,
Book .'S-B'' of Mortgages, page $50. of the
which as a part hereof is hereby made.
and whereas, said deed provides that in
case default pc 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
to ac4 or disability in any wise, the than
acting Sheriff of Salt Lake County. Terri
owner and holder of said promisserv
note may proceed to sell the properly
hereinbefore described or any part there
Of at public vendue, to the highest bid
der at the front door of the COUNT,
Court House, at the County Seat of Salt
Lake County. Territory It9y of Utah, for
tice of the time, terms and place of sale.
and description of the property to be
sold by advertisement IN some newspaDa>
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
costs and expenses of 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. II any, to said first
4 PSrs and. Whereas, the fnfe gresenta a.
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 9Th day of January, 1896
is by the terms of said note and trust
deed due and collectabie 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
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 ha
has been requested TO so act and to sell
the property hereinbefore described bv
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 UtaI
Territory, as the successor in trus
under said deed. Now, therefore
pursuant to the power in me vested b,
said trust deed, and at the request of TIL
legal owner and holder Of said prOmis
sorry note, 1, Harvey Hardy, Sheriff OF
Salt Lake County, Utak Territory, az
successor in trust, will. On Monday, thu
10th day of June. A D. 1895, at the hour
of - O'Clock NJ. noon, on said day. at tbs
Front Door of the County Court House
at fhe County Seat of Salt Lake County,
Utah Territory, sell for cash to the high
est bidder. at public auction, the premises
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
to the purchaser OF said
premises. HARVEY HARDY
Sheriff of Salt Lake County. Successor n
Trust.
JAMES H. MOYLE. Attorney.
Dated May 9Th, 1893.