The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-25

otherwise within forty days-or Judgment
by default will be taken against you ac-
complaint. The said action is brought
70 nave Judgment against defendant Utah
S zen Railway company, in sum OF
| VI. CO., principal, plus interest thereon
| at per cent. per annum from Noverl-
per l. 1871, and interest on each of the
! interest instalments at same rate from
Tune OF maturity thereof, for $4,000 at
I torneys fees, $500 extra and necessary
costs and expenses of plaintiff as trustee,
ana 10000 for compensate to plaintiff
Tor its services as trustee, amounting in
tne sum OF L. together with in
Ierest on said principal sum of 81, 900
from this date TO date of decree herein at
rate aforesaid. and for costs of suit,
alleged to be due on certain bonds. known
as Consolidated First Mortgage Five
Fer Cent Gold Bonds, executed by de-
fendant Utah Central Railway company,
OF Inc value Of $1,000 each, to the amount
OF sad sum of $221.000, bearing date May
/, 1851, with interest at per cent. per
annum, payable semi-annually on May
Isl and November list, in each year; de-
iendant Utah Central Railway company
having made default in payment of all
interest on said bonds, includinS the cou-
pons for interest thereto appertainlng
which became due and payable May !,
1872, 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 5y
company TO plaintiff as trustee, on or
about May /, 1891 upon certain railways
and property hereinafter described, sad
mortgage having been recorded in records.
OF Summit county. Utah, in book &C.
OF mortgages, page 81, in records of Wa
satcn county, Urah, in book o. of mort
cages, pages 1i6 to 16o inclusive, and in
recordS OF Salt Lake county, Utah, in
book ''3 c. of mortgages, pages - 70 81
inclusive; to have the names of the law
full holders of said bonds ascertained, and
10 haze SAID holders made parties here
in If necessary or proper; 10 have the
decree of this court adjudging PLAINTIFFS
said mortgage lien upon all said prem
ises and property, prior TO the liens and
and prior tc any lien or claim thereon
accruIng subsequent to plaintiffs sad
mortgage; to have said mortgage fo.e-
closed oy such decree and the properly
sold IN the manner prescribed by law,
free from the claims of all parties there
TO, and from the claims Of all parties
whose interests are in any manner repre-
sented by any party hereto; to have It
adjudged by such decree teat the sale of
sand premises and property be made
under the direction OF tae United SAFES
marshal for. Utah, or other officer 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 bondho-ders be
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 {
CIR mortgage; that said officer execute I
and deliver to all purchasers al said sale /
proper certificates of sale and file dupli- !
Gates thereof IN the Office of the recordSr /
Of the county in which the property geld /
is situated: that prior as well as after 7
the statutory time for redemption shatl I
have expired said officer make ana deliver
10 each and all purchasers proper deeds
Df nf rho sold
cording TO its character, and that upon
of such deeds, they be let mic
possession of The property, purchased by
hem respectively. That the liens, if any,
md claims of the defendants be adiudgei
is subordinate in right and subject to the
plaintiffs said mortgage and the lien
hereof, and that each and all OF the de
endants and all persons in like Sltua-
ion with them or any OF them ana all
persons claiming or to claim by. through
" under them or any of them, be abso-
Ill right and equity of redemption of, in
md to all of said premises and property
old; that said officer bring into court
he proceeds of said sale, or if the court
UGH proceeds be applied as follows, to-
Wit: First-To payment of costs of sale,
osts and attorneys charges and eX
lenses of this action, extra and neces-
laintiffS commissions and coHpenS3-
ion as trustee aforesaid; and that the
esidue of such proceeds or so much
hereof as may be required for that puF-
ose, be applied to payment of amount
djudged TO plaintiff for principal and
interest remaining unpaid on said mort
age bonds. together with interest on
aid principal sum to the date of sale as
foresaid: that the defendant, the Utah
'entral Railway company be adjudged
0 pay any deficiency which may remain
pplicable thereto, and that plaintiff have :
alignment docketed against said DEFEND
Mt for amount of such deficiency pend {
lg this suit, to. have a receiver or re-
eivers appointed, with the usual powers
{ receivers in such cases, of all and sin
ular the mortgaged property and prem
;es, rights, privileges and immunities {
Herewith, and of all the roll
lg stock, machinery and other property {
to same; and to have said re-
aiver or receivers authorized and d. &
ected to maintain and operate san rail- S
Dad and to keep same in proper repair j
nd to receive, collect and preserve all G
lie property, assets and income thereof,
nd to have such directions made with {
.spect TO such receivership as may be
Iuitable; and for other relief: also, to c
ave a temporary injunction issue out of c
lis court, restraining defendant Utah t
entral Railway company, from inter- S
ring with and transferring, selling or q
sposing of any of the mortgaged prop V
'ty or from handing over or delivering s
1ssession thereof or any part thereof to O
ly person or party except the receiver t
receivers dDpOiHlGu ny lulo COURT, OF v
aintiff rs trustee. or from doing or p
lffering any act or thing whatsoever. [
hich shall promote such handing over n
delivery. Said mortgaged premises Ii
Id property are described as follows, to- q
it: All the following lines of railway L
the mortgagor, constructed or to be 3
now owned or hereafter to be .
quired, manly: Beginning at Salt Lake j
~, in Salt Lake county, Utah territory. o
junction of North Temple street and s.
ourth West street in said city, thence II
flowing course of said railroad on said p
ourth West street to Eighth South il
rect, thence west on said street to a p
notion with the Rio Grande Western il
ilway line, thence east on said street p
Seventh East street, THENCE south on Il
venth East street to Ninth South {
junction with Tenth East Il
rect, thence northeasterly along il
hereafter located, to a point at the CT
notion of Thirteenth East and South o.
ample streets, a distance of about nine Il
les, including ~" spurs and sidings. b
nth and Tenth East streets, thence in ST
southeriy course to a place called the 6
gar House, distance of about three e
les, including "" spurs and Isidings, Il
.rley's canyon to Park City and Silver fl
eek, in Summit county, a distance of ct
out thirty-five miles, including ~" o.
urs, sidings and safety switches, thence al
asatch county, a distance of about je
enty-seven miles, including ~" spurs 81
d sidings, thence in an east and south m
sterly course to a point in the vicinity fo
Wolf Creek Pass and to the Duchesne 81
-er and Lake Fork in Wasatch county. m
ence easterly via the Uintah river ana 81
hley river TO the Colorado state line IF
Snake Valley. near Peppers ranch in te
ntah county, a distance of about 176 a.
les, including ~, spurs and sidings. 81
% a branch line extending from place tn
g no i