The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-24

IL
the sum therein found to be due and
olrected to be paid the property covered by
s saiu nrst mortgage should be sold as an
tnIrety and in one parcel without vaiua-
uon, appraisement or redemption, at
bp;u Iac auction. to the highest bidder or
0 Eruusrs, ca al the passenger station of the
Uneson snort Line & Utah Northern Rail-
way company at Salt Lake City in the
state OF Utah. for a term of four weeks
i liz ~ SAID special master, and that pub
place thereof, together with the manner
Gnu tne terms upon which said sale should
nc cenuucted, should be given by. the said
rneJld 4 master by advertisement twice a
800 III Two newspaper published in the
S,eeS 0l Utah, for a term of four weeks
PaeesSeuing the day OF sale, the first publi-
T, javS OF WHICH shall be at least thirty
81 SPECIAL master should have power to
dbu5ouln such sale from time to time at
me-, me request of the said complainants,
uPon such notice as to said special mas
Ter might seem reasonable: such sale and
III I'LL 5 Dation thereof to perpetually bar
s1,u uelendants, or any one of them, or any
p prtIvn aO or persons claiming through or
t tlueI any OF them, from all right or in
SSrest IN or to said railroad and property
~ SaIu decree ordered to be sold. either
ar nro rdw or IN equity; and it being further
piiO;siueu Dy said decree that upon COM
pyygis with the terms of the sale the
Saio special master should execute and
o oSn a aeedconveying the property pur-
chased 10 the purchaser or purchasers at
sald sale. or to their successors or as
siSns; and that upon the execution and
uelVery OF said deed the receivers in
70 tue above cause should deliver all the
PloPerty covered by and embraced in
salo mortgage which might be in their
possession, to the said purchaser or pur-
cnasers at said sale; and that at the
tiine OF the execution OF said deed by said
special master the Oregon Short Line &
Ctan Northern Railway company should
execute It's deed or join with said special
master in the execution of the deed to be
made Dy him and thereby convey and re-
ZEE lease 20 the purchaser or purchasers all
us rlgnt, title and interest in and to the
properly conveyed by said special master;
ana that also the compliments herein. as
trustees under said (frsD mortgage.
snouid hkewise at the time of the exc
70 sucn purchaser or purchasers all their
right, title and interest under said (irsO
mortgage IN or to the property so con-
veyed; and that also the receivers should
make, execute and deliver a good and
sunicient deed conveying to the pur-
CHASER or purchasers all their right, title
anu interest in, of or to any property
vested in them or standing in their names
OF 10 which they had acquired title as
Sucn receivers in the management ana
Operation OF the premises covered by and
embraced In said (frsD mortgage or by
use OF the Increase or proceeds of any
part thereof; and,
whereas. it was in said decree also
PROVIDED that said special master should
I
Dloder Tor sum less than $500 0O00O nor
from any bidder who should not first place
IN ms hands or deposit with him as a
piedge the sum of $4,000, in money or a
certified check on some bank or trust
company In the city of New York Bos-
ton or Salt Lake; and
whereas. 1t was in said decree also
ordered that upon confirmation of the
sale by the court the purchaser or pur-
cnasers should make such further pay
ih or payments in such manner as
the court might direct:
NOW, therefore, notice is hereby given
by the undersigned. William d. Cornish,
the special master named in and by said
decree, that all and singular the railway
properties and franchises of the Oregon
snort Line & Utah Northern Railway
company covered by and embraced in, or
INTENDED to be covered by or embraced
IN, said 0irsD mortgage of the Utah
southern railroad (extension) to the com
pIalnants herein as trustees, will be sold
or the 9Th day of January. A. d. 1897. at
the nour OF twelve o'clock, noon at the
passenger station of the Oregon Short
Line & Utah Northern Railway company
at SAT- Lake City in the state of Utah:
when said property so to be sold is de-
scrIDeo IN SAID first mortgage as follows:
me Following described property, part
OF Wncn is now, and a part of which is
hherealter TO be, constructed. purchased,
neid, acquired, possessed and owned by
said corporation. to-wit: The railroad
line OF the said party of the first part
extending from Juab. on Chicken Creek.
~ me county OF Juab. in the territory
OF Ctah; thence in a southerly direction
through Juab, Willard and Beaver coun-
tleS 10 Frisco IN the county of Beaver
IN the territory of Utah. a distance of
one hundred and thirty miles, including
herewith the roadway and track and
franchises, together with all the super
structures, depots. depot grounds, station
houses, watering places turnouts WORK
shops. machine shops machinery side
tracks, turntables weighing scales fly
lures locomotives, tenders, rolling stock,
Ilei. equipment and all other property
which is now or may be hereafter used
IN operating said railroad, and all rights
OF way and transit, and all privileges. and
rights or estate of every nature now
quired or possessed by the said cornors-
ton. pertaining to the said line of rail
ROAD between the points aforesaid. to-
geener with al and singular the tene-
ances thereunto belonging. or in any
wise appertaining, and the reversjon and
reversions. remainder and remainders,
rents, issues and profits thereof, with ali
the rights, title, interest, estate property
possession, claim and demand in law and
IN equity, of the said party of the first
part and parcel thereof: provided. that
this grant shall not be construed to cover
any railroad property belonging to the
party of the first part lying north Of the
said Juab station. in Juab county, or
south of Frisco, in Beaver county. Utah
territory. Together with all the property.
rights of way and transit and ali priv
ileges and rights of every nature per-
tanning to said l,..e of railroad in said
mortgage mentions, which were possessed
or acquired by said Utah Southern
railroad extension at the time of the exc
cution of said mortgage or subsequent
~ acquired by 1t or by the Utah Central
Railway company The Oregon Short
Line. & Utah Northern Railway company
or the receivers thereof.
The purchaser or purchaser> at such
sale VIII be required to deposit with the
special master the sum of $4,000; and If
the purchaser or purchasers shall fail TO
complete the purchase in accordance with
the terms of the sale such deposit shall
be forfeited as a penalty for such failure
and if such sale shall not be confirmed
by the court the said deposit shall he re-
turned to said bidder: if the said sale is
confirmed by the court the deposit so
made will be accepted and received 10 an
ply as part of the purchase price.
The bonds secured by the above men
toned mortgage of the Utah Southern
railroad extension may be rendered and
will be received on account of the bid
of the purchaser to such amount only as
would be applicable thereto by the terms
of the said decree had the entire pIIr
chase price been paid in money.
II the sale shall be confirmed a deed
for the properties purchased will be exc
cuted by the special master and the
Oregon Short Line G. Utah Northern Rail-
way company shall join in said deed or
execute its deed conveying its right. title
and interest in and to the properties COW
cred by and embraced in said mortgage:
and the compliments herein will a1eo
exechte deed conveying their right. title
and interest as trustees Of the said mort
gage in or to any of the property covered
by or embraced therein, and said re-
ceivers shall also execute a deed as in
said decree provided subject, however
to the liens or claims in said decree or
by the court found and adjudged 10 he
n.y. ffa1 IN nf oof1