The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-27

Trust.-Whereas, On the 5th day of jan
uary, 1894, Thomas II. Mott, jr., and his
wife. Agnes NJ. Mott, executed and deliv-
of Salt Lake City and County, Territory
of Utah. their certain deed of trust,
whereby they conveyed to the said Will
property, situate in Salt Lake County
Utah Territory, to-wit: Lots forty-four
(4D and forty-fve 90, in block three 81,
City, in trust, however, to secure the pay
ment of certain promlSsory note for the
sum 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 Mott
jr., and Agnes NJ. Mott. to said William
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 ''3-B'' of Mortgages, page $50, of the
Records of said County, reference to
which as a part hereof is hereby made;
and. whereas. said deed provides, that in
case default be 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
in case of his absence, death, refusal
to act. or disability in any wise, the then
acting Sheriff of Salt Lake County, Terri
tory of Utah, at the request of the legal
owner and holder of said promissory
note, may proceed to sell the property
hereinbefore described or any, part there
Of at public vendue, to the highest bid
der, at the front door of the County
Court House. at the County Seat of Salt
Lake County, Territory of Utah, for
cash, first giving thirty days public no.
tice of the time. terms and place of sale
and description of the property to be
sold. by advertisement IN some newspaper
printed and published in the County of
Salt Lake, and upon such sale shall exc
cute and deliver deed in fee simple of
cnld IN no rot1.,
purchasers thereof; and out of the pro-
ceeds of said sale 10 pay: First. the
costs and expenses OF executing this
trust, including legal compensation to the
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
parties or or their legal representa-,
the sum of $4,000 which became and was
due and payable upon said promis-
sorry note, January 9Th, 1852 remains due
said default the whole of said note and
Indebtedness, principal, and interest
thereon to the 5th day. of January. 1896,
is, by the terms. of said note and trust
deed due and collectable and unpaid, and
has been by the legal owner and holder
thereof declared Immediately due and
payable, and no part of the same having
been paid; and, whereas, the second
party, said William Langton. has and
does refuse 10 act as Sucn trustee, and
has and does now refuse to execute the
trust imposed upon him in said trust
deed, Notwithstanding the fact that he
has been requested TO so act and to sell
the property hereinbefore described by
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, Utah
Territorv. as the successor in trust
under said deed. Now, therefore,
pursuant TO the power in me vested by
said trust deed, and at the request of the
legal owner and holder Of said promis-
sory note, l. Harvey Hardy, Sheriff of
Salt Lake County, Utah Territory, as
successor in trust, will. on Monday, the
10th day of June, A. d. 1895, at the hour
of 12 O'Clock NJ. noon, on said day, at the
Front Door of the County Court House,
at the County Seat of Salt Lake County,
Utah Territory, sell for cash to the high
est bidder, at public auction. the premises
hereinbefore 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 1884, to date. and will make
conveyance to the purchaser OF said
premises. HARVEY HARDY.
Sheriff of Salt Lake County. Successor in
Trust.
JAMES II MOYLE Attorney.
Dated May 9th, 1895.