The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-02

:
Central seI Railway company, in sum of
vi COO principal, plus interest thereon
at per cent per annum from Novem-
per l, 1871, and interest on each of the
interest instruments at same rate from
tlme OF maturity thereof, for $4,000 at
torneys' fees, $500 extra and necessary
COSTS ana expenses of plaintiff as trustee,
ana SlO,O00 for compensation to plaintiff
Tor its services as trustee, amounting in
the aggregate, including said interest, to
| the sum of S2S3.569.12, together with in
tterest on said principal sum of S221,O
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 Cold Bonds, executed by de-
fendant Utah Central Railway company.
of the value of $1,000 each, to the amount
OF said sum of s221, coo, bearing date May
l, 1881, with interest at ) per cent. per
annum, payable serli-annually on May
!st and November LIST, in each year; de-
fendant Utah Central Railway company
having made default in payment of all
interest on said bones, including the cou-
pons for interest thereto appertaining
winch became due and payable May l,
lsS2, and November l, 1892, same being
que, OWING ana unpaid, said bonds having
Deen 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 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
cages, pages 146 to 1855 inclusive, and in
records o. Salt. Lake county, Utah, in
book % G" of mortgages, pages AZ 10 81
inclusive; to have the names Of the law
full holders OF. said bonds ascertained, and
TO have said holders made parties here
in If necessary or proper; TO have the
decree Of this court adjudging plaintiffs
said mortgage lien upon all said prem
ises and property, prior to the liens and
claims OF any of the defendants herein,
and prior to any lien or claim thereon
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 parties
whose interests are in any manner repre-
sented by. any party hereto; to have it
adJudged by such decree tsat the sale of
said premises and property be made
under the direction of the United States
marshal for Utah, or other officer ap1
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, and that
said bonds and all unpaid interest war
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 |
proper certificates OF sale and file dupli- |
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 shall |
have expired said officer make and deliver
to each and all purchasers proper deeds !
of conveyance OF the property sold ac- |
cording to it's character, and that upon
production of such deeds, they be let into
possession OF the property purchased by |
them respectively. That the liens, If any,
and claims Of the defendants be adjudged
as subordinate in right and subject to the
plaintiffs said mortgage and the lien
thereof, and that each and all of the de-
PENDANTS and all persons in like situa-
ton with them or any OF them ana al
persons claiming or to claim by, through
)r under them or any of them, be abso-
utely barred and foreclosed of and from
LII right and equity of redemption of, in
;old that said officer bring into court
he proceeds of said sale, or if the court
20 adjudge apply such proceeds, and that
such 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-
airy expenses of plaintiff as trustee, and
PLAINTIFFS commissions and compensa-
ion as trustee aforesaid; and that the
esidue of such proceeds or SO much
hereof as may be required for that pur-
'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
that the defendant, the Utah
CENTRAL Railway company be adjudged
0 pay any deficiency which may remain
fter so applying all of said moneys thus ;
pplicable thereto, and that plaintiff have .
MT for amount of such deficiency; pend {
lg this suit, to have a receiver or re-
eivers appointed, with the usual powers
f receivers in such cases, of all and sin
!
;es, rights, privileges and immunities {
Herewith, and of all the roll /
lg stock, machinery and other property {
accidental to same; and to have said re- ]
eiver or receivers authorized and di- {
acted to maintain and operate SAD rail- s
BAD and to keep same in proper repair i
nd to receive collect and preserve all Q
lie property, assets and income thereof,
aspect to such receivership as may be /
luitable; and for other relief; also, to {
ave temporary injunction issue out of c
lis court, restraining defendant Utah t
entral Railway company from inter- S
,ring with and transferring, selling or a
sposing of any of the mortgaged prop v
'ty or from handing over or delivering S
ossession thereof or any part thereof to O
ny person or party except the receiver t
receivers appointed by this court, or Y
aintiff as trustee, or from doing or
lffering any act or thing, whatsoever, |
hich shall promote such handing over Il
delivery. Said mortgaged premises Ii
I'D property are described as follows, to- a
it: All the following lines of railway t
the mortgagor, constructed or to be 5
instructed, now owned or hereafter to be .
,quired. namely: Beginning at Salt Lake j
ty, in Salt Lake county, Utah territory. o
junction of North Temple street and S
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
lyy1 thnnnn ca CIR N
Seventh East street, thence south on Il
'venth East street to Ninth South c
rect; thence east on ~ said street g
rect, thence northeasterly along il
e line of said railroad, as now b
hereafter located, to a point at the c.
notion of Thirteenth East and South o
ample. streets, distance of about nine Il
lies, including ~" spurs and sidngs, b
so commencing at the junction of Ninth a
nth and Tenth East streets, thence in st
gar House, distance of about three et
les, including ~ spurs and sidings, Il
ence in an easterly course through a.
Irley's canyon to Park City and Silver fl
out thirty-ffve miles, including ", Of
urs sidings and safety switches, thence al
an easterly course TO Moons Mil. in II
asatcn county n distance Of about ie
d sidings thence in an east and south m
sterly course to a point in the vicinity fc
Wolf Creek Pass and to the Duchesne So
-er and Lake Fork in Wasatch county IN
snce easterly via the Uintah river and CT
hley river to the Colorado state line fr
Snake Valley, near Peppers ranch, in tie
ntah county, a distance of about 176 al
les, including y, spurs and SidingS, ST
10 a branch line extending from place tn
led Davis Ranch on the main line on ST
ovo river; thence in southerly direc- by
n to point about two miles west OF pl
der City, and near to the Provo river, ca
Wasatch county, distance of about SC
hit miles, including ~ spurs and sid III
IS; also a branch line beginning at a til