The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-11

Central Railway company, in sum of
1921 600, principal, plus interest thereon
Der p1 1891 le and pfn teres on iI each Of the
interest inStalments at same rate from
time of maturity thereof, for $4,000 at
torneys' fees, $500 extra and necessary
costs and expenses of plaintiff as trustee,
and $4,000 for compensation to plaintiff
for it's services as trustee, amounting IN
the aggregate, including said interest, TO
the sum of s2S3,569.12, together with in IN
terest on said principal sum OF S22l,ooo
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
!, 1891, with interest at per cent. per
annum, payable semi-annually on May
1st and November 1st, in each year; de-
PENDANT Utah Central Railway company
having made default in payment or all
interest on said bonds, including the cou-
pons for interest thereto appertaining
which became due and payable May /,
1892 and November l, 1892, same being
due, owing and unpaid, said bonds having
been secured by mortgage or DEED OF
trust made, executed and delivered by
said defendant Utah Central Railway
company to plaintiff as trustee, on or
about May 1. 1891 upon certain raiiWay s
and property hereinafter described. said
mortgage having been recorded IN RECORDS , Is
of Summit county Utah, in book &C"
of mortgages, page 81, in RECORDS OF Wa
satch county, Utah IN ne book S Oh n mpr n
records of Salt Lake county, Utah, IN
book "3 CO. of mortgages, pages AZ to 81
inclusive; to have the names of the law
full holders of said bonds ascertalneo, ana
10 have said holders made parties here
in if necessary or proper; to nave the
decree of this court adjudging plaintiff
said mortgage lien upon al sa!d prem
f@ hn
claims of any OF the defendants herein,
and prior tc any lien or claim thereon
accruing subsequent to plaintiff SAID
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 there
to. and from the claims OF all parues
whose interests are in any manner repre-
scented by any party hereto; to nave II
adjudged by such decree tsat the sale OF
said premises and properly pc mace
under the direction of the United states
marshal for Utah, or other otncer aPo
made at public auction to the hlgnest
bidder for cash; that any of the parties
hereto and any of said bondhoidsrs De
allowed to bid at sueh sac, ant r rilae
rants be accepted by said officer in pay
ment of any bid at par value, WIN &C
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 sald sale
proper certificates of sale and hie dupl-
Gates thereof in the office OF the recoraST
of the county in which the property SOLO
is situated; that prior as well as after
the statutory time for redemption shall
have expired said officer make and denver
to each and all purchasers proper deeos
of conveyance of the property sofa &C
cording to it's character. and that upon
production of such deeds, they be let into
possession of the property purchas:eso by
them respectively. That the hens. II any ,
and claims of the defendants be adJudged
as subordinate in right and subject to the
plaintiffs said mortgage and tne hen
thereof, and that each and all or the de-
PENDANTS and all persons in ike sltu IA,
ton with them or any of them ana an
persons claiming or to claim by, through
or under them or any of them, be abso-
lutely barred and foreclosed of and from
all right and equity OF redemp55lon od, III III
sold; that said officer bring into court
the proceeds of said sale, or II the court
so adjudge apply such proceeds, ana mat
such proceeds be applied as folloWs, To-
wit: First-To payment of costs OF sale,
costs and attorneys charges ana eX-
penseS of this action, extra and neces-
sary expenses of plaintiff as trustee, ana
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
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 9ta1
TO paw any deficiency which may remain
after so applying all of said moneys thus
applicable thereto, and that plaintiff nave
judgment docketed against said defend
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 ana SIN
gular the mortgaged properly ana prem
Uses. rights, privileges and lmrnunlt1es
connected Herewith, and OF all the roll
ing stock, machinery and other property
incidental to same; and to nave sald re
ceiver or receivers authorized ana al
rected to maintain and operate sa!u 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
resnect to such receivership as may be
euuitable and for other relief; also, to
have a temporary injunction issue out OF
this court, restraining defendant Utah
Central Railway COMPANY, IRON oa1,,I inter r.
disclosing of any of the mortgaged prop
erty or from handing over or delivering
possession thereof or any part Thereon TO
any person or party except the receiver
or receivers appointed by this court, or
plaintiff as trustee, or from DONG or
suffering any act or thing whatsoever,
which Shall promote such handing over
or delivery Said mortgaged 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
citv. 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
Fourth West street to Eighth South
street, thence west on said street to a
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
to a junction with Tenth East
street thence northeasterly along
the, line of said railroad nd,n+ as now .Ss
junction of Thirteenth East and South
Temple streets, a distance Of about nine
miles, including ~, spurs and sidings
South and Tenth East streets, thence ii
a southerly course to place called the
Sugar House, a distance of about. three
miles including "Y," spurs and sidings
Parley's canyon to Park City and Silver
Creek, in Summit county, distance. Of
about thirty-five miles, including y,
spurs, sidings and safety switches, thence
Wasa tch county, a distance OF about
twenty-seven miles, including ~, spurs
and sidings, thence in an east and south
easterly course to a point in the vicinity
of Wolf Creek Pass and to the Duchesnt
river and Lake Fork in Wasatch. county
thence easterly via the Uintah river ant
Ashley river to the Colorado state me
in Snake Valley, near Peppers ranch, II
Uintah county, distance of about In
miles, including ~ spurs and sidings
also a branch line extending from a place
called Davis Ranch on the main line or
Provo river; thence in a southerly direc
ton to a point about two miles west D
eber City and near to the pro 0f river river
eight miles. including ~ spurs and sid
ings: also a branch line beginning at {
place called the Sugar House. in Sal