The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-31

s ~ r1nsSes, property and franchises de-
inaIter described and
f,,r,h hereas, II was in and by said decree
tba+ 81, ordered adiudged and decreed
mort s al OF the property covered by said
49,. 49,. sage oe sold as an entirety and in
one parcel under the direcsior5 ~ he
7 sv,sl';a SSigned, William D. Cornish tho
cree 1eeS. t,, master named in and by said de-
TpsrinIaln mortgage of the Utah Southern
L l,n1,roao company. dated July LIST, 1871.
/ I1fsb so as me First Mortgage OF said
80 I'll southern Railway company in so
h tSa as the property covered bv and en-
o oaaSeu IN said general mortgage is also
mo-+eaoy and embraced in said first
tiialllS ana liabilities in said decree mem
e.oI1eu-tne proceeds of such sale to be
] obiiosee; III satisfaction of the debts and
w 4tSiauons Ia said decree mentioned; and
nereas, in said decree it was further
~ - - e;idt IN defauit of the payment OF
ractsS in tnerein found To be due and di-
1891 bs 'S 10 De paid the property covered
oy SAID general mortgage Should be sold
as an entirety and in one parcel without
s 1irS a,h1;' appraisement or redemption.
q puDIc auction. to the highest bidder
~ 1luuers, at the passenger station OF
x5.e oregon Short Line & Utah Northern
H. tfSa.im N. company al Salt Lake City IN
me state or Utah, on day or days TO
De Hxed by said special master and that
PUBIC notice of such sale and the tina
r amI pace thereof. together with the
manner ana the terms upon which said
sale should be conducted. Should be giVe1
py the said special master by ADVERTISE
r,Snt twice a week in two newspapers
PIDnshed in the state of Utah. for term
OF Tour weeks preceding the day of sale.
the nrst publication of which shall be-
sna ie sht. 50 days before the day Of sete.
anu mat said special master should have
power 10 adjourn such sale from time 10
time at the request OF the said complain
ants, upon such notice as TO said special
master might seem reasonable; such sale
ana confirmation thereof TO perpetually
oar SAID DEFENDANTS. or any one of them,
through or under any of them, from all
rlSht or interest in or to said railroad
ana properly by said decree ordered TO be
SOLO, either at law, or in equity: and 1t
being further provided by said decree
tnat upon complying with the terms of
the sale the said special master should
properly purchased to the purchaser Or
purchasers at said sale, or to their success
sorS or assigns; and that upon the ex-
ecutlon 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 and
embraced IN said mortgage which might
De IN their possession, to the said pur-
chaser or purchasers al said sale;
and that at the time of the exc
cution of said deed by said special
Northern Railway company should ex-
ecute its deed or join with said special
De made by HIM and thereby convey and
release to the purchaser or purchasers all
its right. title and interest in and TO
the property conveyed by said special
master; and that also the comDlainants
herein, as trustees under said genei al
mortgage, should likewise at the time 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 deliver
good and sufficient deed conveying 20
the purchaser or purchasers all their
right title and interest in, Of or to any
property vested in them or stdndng IN
their names or to which they had ac-
quired 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 or
proceeds of any part thereof; and ,
Whereas. it was in said decree also pro-
vided that said special master should
bidder for a sum less than 100000, nor
from any bidder who should not hrst
place in his hands or deposit with him
as a pledge the sum of $4,000 IN money
or a 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 OF the
sale bv the court the purchaser or puf-
chasers should make such further pay-N
ment or payments in such manner as
the court might direct:
Now, therefore. notice is hereby given
nish, the special master named in and
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 covered by or
embraced in, said general mortgage of the
Utah Southern Railroad company to the
compliments herein as trustees. VIII be
sold on the 9Th day of January. A D.
1897. at the hour of IL 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
mortgage as follows The following de-
scribed property: The railroad line of
the said company, commencing at Salt
Lake City, Utah Territory, and run
ming thence in a sOutherly direction
through or partly through Salt .fsake.
Utah and Juab counties, by way of Big
Lehi American Fork. Pleasant Grove,
Springville, Spanish Fork, Payson, San
taquin. York, Nephi and Juab, in the
Territory of Utah, including therein the
roadway and track. together with ali Of the
superstructures, depots, depot grounds,
station houses. watering places. turnouts.
side-tracks. turntables. weighing scales.
fixtures, locomotives. tenders. rolling
stock, fuel, equipment and an 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
now owned or hereafter. to be acquired.
purchased. held or possessed by the said A
party of the first part pertaining to the
said line of railroad between the points
aforesaid, together with all and singular
the tenements, heredtaments and ap-
piIrtenances thereuntO belonging or in
any wise appertaining, and the reversicn
and reVersiOnS, remainder and remain
ders rents, issues and profits thereof
with all the rights, title, interest, estate
property. possession, claim and demand.
IN, lou nd n
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 NAV now or hereafter have IN
anv railroad line north of Salt Lake CITY.
or south of Juab, on Chicken Creek II,
Iuab county, in Utah Territory the
present terrnini of said road: and pro
vided further, that this deed shall in no
way impair the title under the deed
made to secure the bonds of said COM
Dany. dated July list. 1871 and above re-
ferred to- or the rights resulting there
from but il is hereby declared to be
subject to that deed and those bonds as
hetween Salt Lake City and York To-
pether with all the property, rights of Wav
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 il or by The
Utah Central Railway company, the Ore
feon Short Line & Utah Northern Railway
comnany or the receivers thereof The
nurchaser or purchasers at such sale will
he REQUIRED TO deposit with the special