The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-27

| erty sold; that said officer bring into
| court the proceeds of said SALE or. if
the court so adjudge, apply such proceeds
anu tnat such proceeds be applied as fol-
lows, to-Wlt; That costs ana expenses of
saIe, and costs, attorneys fees and ex-
Penses OF tnis action, extra and necessary
eApeHSeS Oh plalnt1H as trustee and plain
TN commissions and compensation as
trustee aforesaid, be first paid out of
such proceeds; that the residue of pro-
ceeds or so much thereof as may be re-
CURED for that purpose be applied to-
the payment of the amount adjudged to
plaintln for principal and interest re-
indlnlnS unpaid on said first mortgage
ponds, together with interest on said prin-
clpal sum from the date of rhe Judgment
OF decree TO the day of sale, at the rate
aforesaid; that the defendants Utah Gem
tral Railway company and Salt Lake e.
eastern Railway company be adiudged
10 pay any deficiency which may remain
applicable thereto; and that plaintiff have
Judgment docketed against the said two
defendants for the amount of such de-.
nclency; pending this suit to have a re-
ceiVer or receivers appointed with the
usual powers of receivers in such cases
OF all and singular the mortgaged prom
erty ana premises, rights, privileges, i'm
IruintNes connected Herewith, and of
all the rolling stock, machinery. equip
mentS and other property incidental to
the sane; to have said receiver or re-
ceiFerS authorized and directed to MAIN
tam ana operate said railroad and to
Keep the same in proper repair and to
receive, collect and preserve all the
property, assets and incomes thereof and
TO nave such directions mada-with re-
spect of such receivership as may be
equitable and proper-and for other re-
liet- said mortgage being of record in
the records of Salt Lake county, Utah.
IN pook IL. of mortgages, pages 40 to
II inclusive, and also in the records OF
summit county, Utah, in book No. . at
pages III to l3l inclusive; said mortgaged
premises and property being described as
follows, to-wit: All the railway of said
oohSor, either constructed or to be con-
Structed, beginning at point near Salt
Lake city, county of Salt Lake, and ter
rltory of Utah, on the Salt Lake 6, Fort
douglas Railway, known as the Sugar
mouse; thence running eaSterly, through
Parleys canyon and Parley's Park to
Park City, in Summit county, a distance
Win sidlngS and spurs, of about thirty
1lVe miles, also including the contemplated
prdnch or extension of said railway of
sald mortgagor to Kamas Prairie a dis
lance OF twenty-five miles or thereabouts
" IN neu thereof. other branches or ex-
tensions not, however, exceeding twenty
I'VE miles in length, together with the
track or roadway thereof and its aDDur-
lenahceS; including therein all rights OF
way superStructureS, rails, tracks, de-
pots, station houses, shops, warehouses
car shops, engine houses, machine shops
repair shops, buildings, erections and
structures necessary for the construction
opera ton and maintenance of said rail,
way branches and extensions, and all fix
lures, and appurtenances thereunto be-
dDDGIIdlQlDE.
whether then owned or possessed or
thereafter to be acquired by said mort
gaSor, and all and singular the rollins.
stock. equipment and machinery apper-
tanning thereto, then owned or possessed
or thereafter to be acquired by said mort
gagor, and also all the rents, issues. tolls
incomes, earnings and profits derived
therefrom; and also all the rights priyil-
eyes, immunitieS and franchises what
soeVer which said mortgagor then pos
sessed. owned or was entitled unto or
might thereafter become possessed of
or entitled unto. belonging or
appurtenant to said railway, branches and
extensions, including said mortgagOr'S
franchise to be a corporation, and also
all the estate. right, title, interest prop
erty, possession, claim and demand what
Soever as well in law as in equity of the
said mortgagor, Of in, and 20 the same
and every part and parcel thereof with
the appurtenances. And you are hereby
notified that if you fail to appear and
answer the said amended complaint as
above required. the said plaintiff will
apply to the court for the relief demand
ed herein.
Witness the Hon. Samuel A. Mer-
ritt, judge, and the seal of the
District Court of the Third Judicial
(Seal.) District in and for the Territory
the year of our Lord one thou
sand eight hundred and ninety
five.
DAVID c. DUNBAR, Clerk.
By GEO. d. LOOMS. Deputy Clerk.