The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-29

premises, property and franchises De
sscrioed In the said mortgage and mere
matter described and
Whereas, il was in and hv said decree
tHsa.ner ordered, adjudged and decree
that al OF the property covered by sa.tt (
one 'gage pe sold as an entirety ana -, =.
me Pdrcei under the direction OF ~
Undersigned, William d. Cornish. the
special master named in and by said de-
S 81 lam mortgage of the Utah SoutneSSt,t
ii.dliroad company. dated July LIST, lo.t
nnown as the First Mortgage OF SAG
Stan southern Railway company, IN 50
1 Iar as the property covered by and EN-
oraced In said general mortgage IS also
covered oy and embraced in said ITS
CLAIMS and liabilities in said decree men
tonea-the proceeds OF such sale 70 -
aPPlled IN satisfaction of the debts ana
oDalS duohS IN said decree mentlCneds ana
whereas, in said decree it was further
/ oruered that in default of the payment or
the sum therein found to be due and a.,
trected 10 be paid the property covere9
oy said general mortgage should be SOLD
as an entrety and in one parcel WiIno1I
az -,,,S;' aPpIdise.neht or [euSi ~ 49,.
dt PuDiic auction, to the highest Didd-<
or bidders, at the passenger station OF
the oregon Short Line & Utah Northern
railway company at Salt Lake City IN
the state OF Utah, on a day or days 20
pc nxed by said special master. and that
pubic notice OF such sale, and the Tn
anu place thereof. together Win tnS
manner and the terms upon which said
sale should be conducted. should be given
oy the said special master by advertise
ment twice week in two newspapers
/ published in the state. of Utah for term
OF Tour weeks preceding the day OF sale,
the nrst publication of which snad Pc
at least so days before the day or SAFE.
and that said special master should have
power to adjourn such sale from time 70
tlme at the request of the said complain.
! ants, upon such notice as 20 said Sptclai
master might seem reasonable; such SAFE
ana confirmation thereof to perpetuaby
par SAID defendants, or any one OF tn4m.
~
through or under any of them. from al
! right or interest in or 20 said railroad
ana property by. said decree ordered to oe
sofa, either at law, or in equity; and IL
being further provided by said decree
that upon complying with the terms OF
the sale the said special master should
execute and deliver deed conveying the
property purchased to the purchaser or
purchasers at said sale. or to their success
ecution and delivery OF SAID deed the re-
/ ceivers in the above entitled cause and
any party to the above cause should DE-
| liver all the property covered by ara
embraced in said mortgage which might
be in their possession. to the SAID pur-
chaser or purchasers at said sale
cution OF said deed by said special
master. the Oregon Short Line & Uiah
Northern Railway company should eA-
ecute its deed or join with said special
master in the execution OF the deed 70
/ be made by him and thereby convey anu
release to the purchaser OF purchaserS an
! the property conveyed by said speciaI
master; and that also the complatnants
| herein, as trustees under said genef a.
mortgage. should likewise at the tune OF
the execution of said deed transfer or
release to such purchaser or purchasers
all their right. title and interest urder
said general mortgage in or to the prop
erty so conveyed; and that also the re-
ceivers should make, execute and oelfVer
a good and sufficient deed conveying 60
the purchaser or purchasers all tnelr
right, title and interest in, OF, or 70 any
property vested in them or standing In
/ their names or TO which they had ac-
oIired title as such receivers in the man
agement and operation of the premises
covered by and embraced in said general
mortgage or by use of the increase OF
I proceeds of any part thereon; ana
Whereas. it was in said decree also pro-
vided that said special master should
accept no bid for the property from any
bidder for a sum less than S6o0,Oov nor
| from any bidder who should not first
place in his hands or deposit with him
| as a pledge the sum of $4,000 in money
or certified check on some bank or
trust company IN the city OF New YORK
Boston or Salt Lake; and
Whereas, it was in said decree also
ordered that upon confirmation or the
sale by the court the purchaser or pur-
ment or payments in such manner as
the court might direct:
Now. therefore. notice is hereby given
| by the undersigned. William ID. Cor
1
! by said decree. that all and singular the
/ railway properties and franchises OF the
Oregon Short Line & Utah Northern
/ Railway company covered by and en-
braced in or intended TO be covsred by or
embraced in. said general mortgage Of the
Utah Southern Railroad company to the
| complainantS herein as trustees, VIII be
sold on the 9th day of January. A ID.
! 1897 at the hour of II O'Clock, fore
noon. at the passenger station OF the
Oregon Short Line & Utah Northern
! Railway company at Salt Lake City, in
the state of Utah; which said property
so to be sold is described in said general
scribed property: The railroad line OF
the said company, commencing at Salt
Lake City. Utah Territory, and run
ming thence in a southeriy direction
/ through or partly through Salt Lake.
Utah and Juab counties, by way of Big
/ and Little Cottonwoods, Sandy, Draper,
/ Springvile Spanish Fork, Payson, San
( taquin York. Nephi and Juab. in the
| Territory of Utah. including therein the
roadway and track. together with all Of the
superstructures, depots, depot grounds,
station houses, watering places, turnOuts.
work shops, machine shops. machinery,
/ side-tracks, turntables. weighing scales.
I fixtures, locomotives, tenders, rolling
stock, fuel, equipment and all other
| property which is now or may be here
after used in operating the said road be-
tween the points aforesaid, and all rights
! of way and transit, and all privileges and
rights of estate of every nature and kind
/ now owned or hereafter to be acquired.
purchased. held or possessed by the s3#
\ party of the first part pertaining to ihr
said line of railroad between the points
aforesaid together with all and singular
| the tenements, Entertainments and ap-
I purtenances thereunto belonging, or in
any wise appertaining. and the reyersion
and reverSions, remainder and remain
] ders rents, issues and profits thereof
1 with all the rights, title, interest, estate
property possession, claim and demand,
/ in law and in equity, of the said party
| Of the first part of. in and TO the same.
and every part thereof provided this
| deed shall not be construed to convey
/ any interest or right the party of the
| first part may now or hereafter have in
/ any railroad line north of Salt Lake City.
/ or south of Juab on Chicken Creek in
| JlIab county in Utah Territory the
/ present termini of said road: and pro
| vided further, that this deed shall in no
4 way impair the title under the deed
I made to secure the bonds OF said com
many dated July LIST, 1871, and above re-
/ ferred to, or the rights resulting there
/ from. but it is hereby declared to be
| between Salt Lake City and York To-
gether with all the property, rights OF way
and transit and all privileges and rights
/ of every nature pertaining to said line of
railroad in said mortgage mentioned
which were possessed or acquired by said
/ Utah Southern Railroad company at the
/ time of the execution OF said mortgages
/ or subsequently acquired by ii or by the
Utah Central Railway company, the Ore
/ eon Short Line & Utah Northern Railway
/ company or the receivers thereof. The
| purchaser or purchasers at such sale will
/ be required TO deposit with the special
a.