The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-05

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Central Railway company. in sum OF
S221 ,00o principal, plus interest Thereon
at per cent. per annum from Novem
| per i, 1891, and interest on each OF tbs
interest instruments at same rate from
| time Of maturity thereof, for $4,000 at
torneys fees. $500 extra and necessary
and $4,000 for compensation to plaintiff
| Tor its services as trustee, amounting IN
l the aggregate, including said interest, tc
| the sum of S2S3569.12. together with in
terest on said principal sum Of S22l,0Jt
| from this date to date of decree herein al
rate aforesaid, and for costs of suit
alleged to be due on certain bonds, known
as Consolidated First Mortgage Five
PENDANT Utah Central Railway company,
of the value of $1,000 each. to the amount
of said sum of S221, coo, bearing date May
l, 1891, with interest at per cent per
annum, payable semi-annually on May
| 1st and November LIST, in each year; de-
PENDANT Utah Central Railway company
having made default in payment of all
interest on said bonds, including the cou-
pons for interest thereto appertaining
which became due and payable May. l,
1892 and November l, 1882, same being
due, owing and unpaid, said bonds having
been secured by a mortgage or deed OF
trust, made, executed and delivered by
said defendant Utah Central Railway
company to plaintiff as trustee, on or
about May l, 1891, upon certain railways
and property hereinafter described, said
mortgage having been recorded in records
of Summit county. Utah, in book &C,
of mortgages, page 81, in records OF Wa
satch county, Utah, in book 20" of mort
cages, pages 146 to 166 inclusive, and in
records of Salt Lake county, Utah, IN
| book 80 Z" of mortgages, pages 4S 10 81
inclusive; to have the names of the law
full holders of said bonds ascertained, and
10 have said holders made parties mere
| in if necessary or proper; TO nave the
decree of this court adjudging plaintiff' S
said mortgage lien upon all said prem
Uses and property, prior to the liens and
claims of any OF the defendants herein,
and prior tc any lien or claim thereon
accruing subsequent to pla1ntins SAD
mortgage; to have said mortgage fore
closed by such decree, and the property
sold in the manner prescribed by law,
free from the claims OF all parties rheIe-
to, and from the claims of all parties
whose interests are in any manner repre-
scented by any party hereto; to nave II
adjudged by such decree toat the sale OF
said premises and property be made
under the direction of the United STATES
marshal for Utah, or other ofhcer ap-
pointed by the court; that such sale be
made at public auction to the highest
bidder for cash. that any of the parties
hereto and any of said bondholderS be
allowed to bid at such sale, ana that
said bonds and all unpaid interest war
rants be accepted by said officer IN pay
ment of any bid at par value, with ac-
crued and unpaid interest on the amount
thereof as provided in said trust deed
or mortgage; that said officer execute
and deliver to all purchasers at SAID sale
proper certificates of sale and Tile dupI-
Gates thereof in the office of the recorder
of the county in which the property SOLD
is situated; that prior as well as AFTER
the statutory time for redemption Sflall
have expired said officer make and deliver
to each and all purchasers proper deeds
of conveyance of the property sol1 ac-
cording to it's character, and that upon
production of such deeds, they ne let lnto
possession of the property purchased by
them respectively. That the liens, II any
and claims of the defendants be adJudged
as subordinate in right and subject TO the
plaintiffs said mortgage ana the hen
thereof and that each and all of the de-
PENDANTS and all persons in ike sltua-
ton with them or any of them and all
persons claiming or TO claim by, through
or under them or any OF them, De aDSo-
lutely barred and foreclosed of and from
all right and equity of redemption OF, in
and to all of said premises and property
sold; that said officer bring INTO court
the proceeds of said sale, or If the court
so adjudge apply such proceeds, and that
such proceeds be applied as follows, to-
wit: First-To payment OF costs OF sale,
costs and attorneys charges and ex-
penses of this action extra and neces-
sary expenses of plaintiff as trustee, and
plaintiffs commissions and compenSa-
ton as trustee aforesaid; and that the
residue of such proceeds or SO much
thereof as may be required for that pur-
pose be applied to payment of amount
adjudged to plaintiff for principal and
interest remaining unpaid on SAID mort
gage bonds, together with interest on
said principal sum to the date of sale as
aforesaid; that the defendant, the Utah
Central Railway company be adJudged
to pay any deficiency winch may remain
after so applying all of said moneys thus
applicable thereto, and that plaintiff have
judgment docketed against said defends
ant for amount of such deficiency; pend
ing this suit, to have a receiver or re-
ceivers appointed, with the usual powers
of receivers in such cases, of all and sin
gular the mortgaged property ana prem
ises, rights. privileges and im1nunities
connected herewith and of all the roll
ing Stock machinery and other property
incidental to same; and to have said re-
ceiyer or receivers authorized and di-
rected to maintain and operate SAID rail-
road and to keep same in proper repair
and to receive, collect and preserve all
the property. assets and income thereof.
and to have such directions made with
respect to such recefvership as may be
equitable; and for other relief; also, to
have temporary injunction issue out of
this court restraining Defendant titan
Central Railway company, from inter-
fering with and transferring, selling or
disposing of any of the mortgaged prop
erty or from handing over or delivering
possession thereof or any part thereof to
or receivers appointed by this court, or
plaintiff as trustee. or from doing or
suffering any act or thing whatsoever.
which shall promote such handing over
Q6llNSTN. Cdlu ulOTlSdSc0 premises
and property are described as follows, to-
wit: All the following lines of railway
of the mortgagor, constructed or to be
constructed. now owned or hereafter to be
acquired. namely: Beginning at Salt Lake
city, in Salt Lake county, Utah territory,
at junction of North Temple street and
Fourth West street, in said city, thence
following course of said railroad on said
street, thence west on said street to
junction with the Rio Grande Western
railway line, thence east on said street
to Seventh East street, thence south on
Seventh East street to Ninth South
street; thence east on said street
to a junction with Tenth East
street, thence northeasterly along
the line of said railroad. as now
or hereafter located, to a point at the
junction of Thirteenth East and South
Temple streets. a distance of about nine
miles, Including spurs and sidings.
South and Tenth East streets. thence in
southerly course to a place called the
Sugar House, a . distance of about three
thence in an easterly course through
Parleys canyon to Park City and Silver
Creek, in Summit county, distance of
about thirty-five miles, including ~
spurs, sidings and safety switches, thence
in an easterly course to Moons Mil. in
Wasatch county, a distance of about
tWenty-seven miles, including ''Y," spurs
and sidings, thence in an east and south
easterly course to point in the vicinity
of Wolf Creek Pass and to the Duchesne
river and Lake Fork in Wasatch county
thence easterly via the Uintah river and
Ashley river to the Colorado state line
in Snake Valley, near Peppers ranch, in
Uintah county, a distance of about 176
miles, including " spurs and sidings,
also branch line extending from a place
called Davis Ranch on the main line on
Provo river; thence in a southerly drec-
ton to a point about two miles west of
Heber City, and near to the Provo river,
in Wasatch county, a distance of about
eight miles, including ~" spurs and sid
ings; also a branch line beginning at a
place called the Sugar House, In Salt
Lake county, thence in a southerlv course