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

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y U.cson snort Line & Utah Northern Rail
may company at Salt Lake City in the
f5xed t Oh Utah. for a term of four weeks
n4eo by said special master. and that pub
nc notice of such sale and the time and
P ,.S thereof, together with the manner
b.a In els terms upon which said sale should
snec ySa,iIoucted. should be given by the said
npsJ.ai master by advertisement twice
800 weeA IN Two newspapers published in the
s.aee OF Utah, for term of four weeks
70 49, the day of sale, the first publ
dsx- u which shall be at least thirty
LAYS before the day of sale and that
sIc special master should have power to
the aeo1 rll such sale from time to time at
upon such notice as IN said s11sciaJ mas
~ lHllsnt seem easonable: such sale and
Soiiiil NATION thereof to perpetually bar
ou,esienoants or any one of them. or any
r o,Son or persons claiming through or
euuer any of them, from all right or in
b, 81 IA or to said railroad and property
az 10 as ~ uecree ordered to be sold, either
provided by said decree that mon com
ply ing with the terms of the sale the
saiu special master should execute and
cbased ueed conveying the property pur-
10; ~ 70 the purchaser or purchasers at
saru SAFE, or to their successors or as
SiS 10, ana that upon the execution and
u,enNery OF said deed the receivers in
me ABOVE entitled cause and any party
70 the above cause should deliver all the
properly covered by and embraced in
sdlo mortgage which might be in their
pb6ss saS TO the said purchaser or pur-
chasers at said sale; and that at the
liIle OF the execution of said deed by said
special master the Oregon Short Line &
otdh Northern Railway company should
execute lts deed or join with said special
master IN the execution of the deed TO be
maze Dy him and thereby convey and re-
ease 70 the purchaser or purchasers all
its right, title and interest in and to the
property conveyed by said special master:
ana that also the complainants herein. as
.lustess under said (irsO mortgage.
snouid likewise at the time of the exc
cutlon or said deed transfer or release
70 such purchaser or purchasers all their
r1gnt. title and interest under said (irsO
mortgage IN or to the property so con-
,l ana that also the receivers should
make execute and deliver a good and
sunclent deed conveying to the pur-
CHASER 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
part thereof; and,
whereas. it was in said decree also
provided that said special master should
ssccept no bid for the property from any
Dluoer TOT a sum less than $500. 90 nor
from any bidder who should not first place
IN MS hands or deposit with him as q
piedge the sum of $4,000, in money or a
certlIled 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
oraered that upon confirmation of the
sale by the court the purchaser or pur-
chasers should make such further pay
ment or payments in such manner as
the court might direct:
NOW, therefore, notice is hereby given
Dy 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
1r1A @
company covered by and embraced in. or
intended TO be covered by or embraced
IN, said GirsD mortgage of the Utah
ooutnern railroad (extension) to the COM
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
Line q Utah Northern Railway company
at Salt Lake City in the state of Utah.
Wnlch said property so to be sold is de-
scribed in said first mortgage as follows:
me following described property, part
OF Wnich IS now, and a part of which is
hereafter to be, constructed purchased.
held, acquired. possessed and owned by
Sald corporation, to-wit: The railroad
extending from Juab. on. Chicken Creek,
IN the county of Juab, in the territory
or Utah; thence in a southerly direction
through Juab. Willard and Beaver coun-
tles to Frisco, in the county of Beaver
in the territory of Utah. a distance of
one hundred and thirty miles, including
thereWlth the roadway and track and
efancnises' iogether with all the super
houses, watering places, turnouts work
shops. machine shops machinery. side
tracks, turntables. weighing scales, fix
lures, locomotives, tenders rolling stock
fuel, equipment and all other property
which is now or may be hereafter used
IN operating said railroad. and all rights
Vi .'i way ana transit, and all privileges, and
rights or estate of every nature now
owned, or hereafter to be purchased. ac-
quired or possessed by the said CORPORA
tlon, pertaining to the said line of rail-
gether with all and singular the tene-
ments, Entertainments and appurten-
ances thereunto belonging. or in any
wise wise appertalning; and the reversion and
rents, issues and profits thereof with ali
me rights, title, interest, estate propertv
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 and parcel thereof: provided that
this grant shall not be construed to cover
any ral,road property belonging to the
party or 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
lleges and rights of every nature oer-
tanning to said line of railroad in said
mortgage mentioned which were possessed
or acquired by said Utah Southern
cution of said mortgage or subsequent
~ acquired by il or by the Utah Central
Railway company. The Oregon Short
Line & Utah Northern Railway companv
or the receivers thereof.
The purchaser or purchaser at such
sale will 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 penalty for such failure
and II such sale shall not be confirmed
by the court the said deposit shall he re-
confirmed by the court the deposit so
made will be accepted and received to APP
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 hid
of the purchaser to such amount only as
would be applicable thereto by the terms
of the said decree had the entire pur-
chase price been paid in money
If the sale shall be confirmed a deed
for the properties purchased will be exc
cuted 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
cred by and embraced in said MORTGAGE.
and the compliments herein will also
execute 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 to be
preferential TO the lien of said mortgag e
which sale and deed by the terms of said
decree shall perpetually bar all right and
interest of any of the defendants herein
and of all persons claiming by through
or under them, from all right and interest
in said mortgaged premises.