The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-17

bidders, at the passenger station of the
0regon Short Line & Utah Northern Rail
49, coinyany at Sat Lake City in shs
STATE OF Utah, for a term of four week:
iiSed by said special master. and that pub
,tG notice OF such sale. and the time and
place thereof. together with the manner
and the terms upon which said sale shouif
oe conducted. should be given by the saiC
special master by advertisement twice
sts,n III IN Two newspapers published in tbs
preceding the day of sale. the first publ
S Sa.ion OF which shall be at least thirty
uays DeIore the day of sale and thai
ar5;o,S, pe~Ial master should have power Il
auJouih such sale from time TO time a
.ale request of the said cornplainants
Upon such notice as to said special mas
o &c. nIIght seem reasona BILE; such sale anC
said d lelffssi3n thereof TO perpetua,ly bal
saIu defendants OF any one OF them or an,
rslSon or persons claiming through Oh
uhuer any of them, from all right or in.
h te.ese IN or to said railroad and property
~ 1 aaro decree ordered 10 be sold. either
az law or IN equity; and it being further
PROVIDED by said decree that upon com.
flyihg with the terms of the sale the
Saia special master should execute and
chased TO the purchaser or purchasers al
saIu SAFE, or to their successors or as.
signs and that upon the execution anC
dehvery of said deed the receivers In
70 tne above cause should deliver all the
property covered by and embraced ir
said mortgage which might be in their
possession. to the said purchaser or pur-
chasers at said sale; and that at the
time of the execution of said deed by said
special master the Oregon Short Line &
utah Northern Railway company should
execute its deed or join with said special
master IN the execution of the deed to be
made by him and thereby convey and re-
tease 10 the purchaser or purchasers all
It's right, title and interest in and TO the
property conveyed by said special master
n lc Fta 1T.
trustees under said (firsO mortgage,
should likewise at the time of the exc
cution of said deed transfer or release
70 Sucn purchaser or purchasers all their
tlsnt, uue and interest under said (firsD
mortgage in or to the property so con-
Veyed; and that also the receivers should
MAKE execute and deliver a good and
sIIlilcient deed conveying TO the pur-
e I'D or purchasers all their right. title
ana interest in. of or to any property
vested IN them or standing in their names
or 10 which they had acquired title as
such receivers in the management and
operation OF the premises covered by and
embraced in said (firsD mortgage or by
use OF the increase or proceeds of any
part thereof; and.
hereas, II was in said decree also
accept no bid for the property from any
bidder for sum less than $500 600 90 nor
from any bidder who should not first place
IN ms hands or deposit with him as a
certified check on some bank or trust
company in the city of New York. Bos-
ton or Salt Lake; and
whereas, it was in said decree also
tnat upon confirmation of the
sale by the court the purchaser or pur-
cnasers should make such further pay
ment or payments in such manner as
the court might direct:
Now, therefore notice is berehv given
py 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 10 be covered by or embraced
IN. said drsD mortgage of the Utah
ooutnern railroad (extension) to the COM
herein as trustees will be sold
or the 9Th day of January. A. d. 1897. at
the hour of twelve o'clock, noon. at the
passenger station of the Oregon Short
l1ihe d Gtah Northern Railway company
AT SAT- Lake City in the state of Utah;
which said property so to be sold is de-
scrioed in said first mortgage as follows
me following described property. part
pr winch Is now. and part of which is
hereafter to be, constructed purchased
held, acquired. possessed and owned bv
sald corporation, to-wit: Tho railroad
me of the said party of the first mart
e4'endilS from Juab, on Chicken Creek
pa me county of Juab, in the territory
Of Utah; thence in a southerly direction
through Juab, Willard and Beaver conn
tleS to Frisco. in the county of Beaver
N the territory of Utah. a distance of
ohe 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
racks, turntables. weighing scales. fix
lures, locomotives. tenders, rolling stock
LneI, equipment and all other property
v men zen, rs now or may be hereafter used
III.
d way and transit and all privileges. and
rights OF estate of every nature now
owned, or hereafter to be purchased. ac-
luired or possessed by the said corpora-
ton. pertaining to the said line of rail-
ROAD between the points aforesaid. to-
sether with all and singular the tene-
nents, Entertainments and appurten-
aces thereunto belonging or in anv
wise appertaining. and the reversion and
reVersions, remainder and rer,ainders.
-ents, Issues and profits thereof. with ali
ne rights title, interest. estate. property.
possession, claim and demand in law ana
n equity. of the said party of the first
part, OF, in and TO the same and every
part and parcel thereof; provided. that
his grant shall not be construed TO cover
my railroad property belonging To the
party of the first part lying north of the
aid Juab station, in Juab county, or
south of Frisco. in Beaver county. I-tah
err tory. Together with all the property.
lights Of way and transit and all priv
leges and rights of every nature per
aiming to said line of railroad in said
mortgage mentioned which were possessed
'r acquired by said Utah Southern
abroad extension at the time of the eve
,ution of said mortgage or subsequent
Y acquired by it or by the Utah Central
Railway company, The Oregon Short
Line & Utah Northern Railway company
)r the receivers thereof.
The purchaser or purchaser aft such
'ale will be required to deposit with the
special master the sum of $50 600; and if
he purchaser or purchasers shall fail to
complete the purchase in accordance with
he terms of the sale such deposit shall
De forfeited as a penalty for such failure
md if such sale shall not be confirmed
~ the court the said deposit shall be re-
urned to said bidder; If the said sale is
confirmed by the court the denosit so
made will be accepted and received to ap-
Ny as part of the purchase price.
The bonds secured by the above men,
Toned mortgage of the Utah Southern
abroad extension may be rendered and
viii be received on account of the bid
If the purchaser TO such amount only as
would be applicable thereto by the terms
If the said decree had the entire Dur-
.hase price been paid in money
If the sale shall be confirmed a deed
or the properties purchased will he exc
uted by the special master. and the
oregon Short Line & Utah Northern Rail-
way company shall join in said deed or
EXECUTE its deed conveying its right. title
md interest in and to the properties COW
red by and embraced in said mortgage:
md the compiainants herein will also
execute deed conveying their right. title
md interest as trustees of the said mort
,age in or to any of the property covered
~ or embraced therein, and said re-
eivers shall also execute a deed as in
aid decree provided; subject. however.
o the liens or GLAZING in said decree or
~ the court found and adjudged to be
preferential to the lien of said mortgag e:
which sale and deed by the terms of said
ecree shall perpetually bar all right and
interest of any of the defendants herein.
md of all persons claiming by. through
II under them. from all right and interest