The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-08

that all of the property covered by said
mortgage be sold as an entirety and N
undersigned, William D. Cornish, the
special master named in and by said de-
cree; the sale to be made subject to
certain mortgage of the Utah Southern
known as the First Mortgage of said
Utah Southern Railway company, in so
far as the property covered by and en-
braced in said general mortgage is also
covered by and embraced in said first
mortgage; and subject also TO certain
claims and liabilities in said decree men
applied in satisfaction of the debts and
obligations in said decree mentioned; and
Whereas, in said decree il was further
ordered that in default of the payment OF
rected 10 be paid the property covered
by said general mortgage should be sold
as an entirety and IN one parcel without
valuation. appraisement or redemption
a public auction, 70 the highest bidder
or bidders, at the passenger station OF
the Oregon Short Line & Utah Northern
the state of Utah on a day or days TO
be fixed by said special master, and that
public notice of such sale, and the TIM
and place thereof, together with the
manner and the terms upon which said
sale should be conducted, should be given
by the said special master by advertise
ment twice a week IN two newspapers
published in the state OF I tab, for Term
of four weeks preceding the day of sale,
the first publication OF which shall be
a least 80 days before the day of sale,
and that said special master should have
power to adjourn such sale from time to
time at the request of the said complain
ants, upon such notice as to said special
master might seem reasonable; such sale
and confirmation thereof to nerpetually
bar said defendants, or any one OF them,
or any person or persons claiming
through or under any of them. from al
right or interest in or to said railroad
and property by said decree ordered TO be
sold, either at law, or in equity; and II
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 Inc
property purchased to the purchaser or
purchasers at said sale, or TO their success
ecution and delivery Of SAD deed the re,
ceiverS in the above entitled cause ana
any party TO the above cause Snould ue,
liver all the property covered by anu
embraced in said mortgage which might
be in their possession, TO the sald pur-
chaser or purchasers at SAID SAFE
and that at the time of the exc,
cution of said deed by said special
master. the oregon Short Line & Utah
Northern Railway company snould eH,
ecute its deed or join with SAID speciai
master in the execution or Inc deed TO
be made by him and thereby convey ana
release to the purchaser or purchasers all
its right. title and interest in and TO
the property conveyed by salc Speclal
( master. ana InaI also the
herein, as trustees under SAID genei al
mortgage, should likewise at the tlIne OF
the execution OF said deed transfer OF
release to such purchaser or purchasers
all their right, title and interest under
said general mortgage in or TO the prop
erty so conveyed; and that also the re
ceivers should make, execute and denver
a good and sufficient deed conVeyinS 10
right, title and interest in, OF, or TO any
property vested in them or standing IN
their names or TO which they nad ac-
quired title as such receivers IN the Indh-
acement and operation OF the premises
covered by and embraced in said genera!
mortgage or by use of the increase or
proceeds Of any part thereof: ana a. nro-
Whereas it was in said decree also pro-
vided that said special master snould
accept no bid for the property from ON any
bidder for a sum less than $780, nor
place in his hands or deposit with MN
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 by the court the purchaser or pur-
chasers should make such. further pay
the court might direct:
Now, therefore, notice is hereby given
by the undersigned, William ID. Cor
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 10 the
complainants herein as trustees, VIII pc
sold on the 9th day of January, \. u.
1897, at the hour of IL O'Clock, lore
noon. at the passenger station OF the
Oregon Short Line & Utah Northern
Railway company at san Eax lax , GlIys t,i
so to be sold is described in SAID genera
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 SAT- Lake,
and Little Cottonwoods, Sandy, Draper
Iehi 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 all OF the
superstructures, 6epots, depot grounds,
station houses, watering places, turnouts,
work shops, machine shops, machinery,
side-tracks. turntables, weighing scales,
! fxtures locomotives, tenders, rolling
stock, fuel, equipment and all other
property which is now or may De mere
! after used in operating the said road be-
! tween the points aforesaid, and all rights
| of way and transit, and all privileges ana
! rights of estate of every nature and klnd
| purchased, held or possessed by the said
party of the first part pertaining 10 the
/ said line of railroad between the points
aforesaid, together with all and singular
/ the tenements, Entertainments and ap-
/ pI1rtenances thereunto belonging. or IN
/ any wise appertaining, and the reverslon
/ and reVersions, remainder ana remain
| ders. rents. issues and profits thereof,
with all the rights, title, interest, estate,
property, possession, claim and demand,
| in law and in equity, Of the said party
1 of the first part of. in and to the same,
and every part thereof; provided this
deed shall not be construed 10 convey
| any interest or right the party OF the
anV railroad line north of Salt Lake City,
| or south of Juab, on Chicken Greek. IN
/ Ti,ah county, in Utah Territory, the
present termini of SAID roaE ana pre-
/ vided further, that this deed snaA IN nc
| wav impair the title under the deed
| made to secure the bonds of said com
many. dated July 1st, 1871. and above re-
! ferred TO- or the rights resulting there-
| from hut 1t is hereby declared TO be
! enhiect to that deed and those bonds as
| 1900, Salt Lake City and York. To-
/ esther with all the property, rights or way
End transit and all privileges and rights
| of every nature pertaining 10 salu me o.
| railroad in said mortgage mentloheC
! rebicb We're possessed or acquired by sale
irtah Southern Railroad company at the
| time of the execution of said mortgages
! or consequently acquired by IT or by tht
| Utah Central Railway company, the gre
aon Short Line & titan northern rlSliM M
cononany or the receivers thereof. The
SSr.rhaser on. purchasers at such sale vii
| Re ra0uired TO deposit with the specia
master the sum of $4,000; and If thu
purchaser or purchasers sha!i fall 10 com
nlete the purchase in accordance with tn'
feI,ns of the sale, such deposit shall b'
Forfeited as penalty for such failure
and If such sale shall not be confirmed