The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22

the sum therein found to be ne and
directed 20 be paid the property coWred %
saiq nrst mortgage should be so.s as an
entirety and in one parcel without val1a-
uon. appraiSement or redemptpr, II
PUBIC auction. 10 the highest BIDDER or
N olocers, at the passenger station CT me
way company at Salt Lake. Cityf IN ne
state OF Utah. for term Of foul weeks
n1so oy said special master and tnat ruc-
~. ~ nouce OF such sale and the trnc ana
Snu the terms upon which said sale should
oe conducted. should be given By the SAD
SPECIAL master by advertisement twice. a
$50 $50 ~ ~ Two newspapers published N me
state OF Utah, for term Of four weeks
pseceoing the day OF sale. the firsa publ
e@tion OF which shall be at leash thirty
uayS oeIore the day of sale. asd that
sdia special master should have pewer to
ADJOURN such sale from time to s.ne at
tne request of the said complsinants,
upon such notice as 10 said specif mas
, esr fmlgnt, seem reasonable; such sale and
cosninTTnatlon thereof 10 perpetuatly bar
Sic oeIeSdants. or any one OF them or any
person or persons claiming through or
uhder any of them. from all right or in
oy SAID decree ordered TO be sold. either
az law or in equity: and ii being Further
provided by said decree that upon COM
plying with the terms of the sale the
Saiu special master should execute and
deliver deed conveying the properly pur-
chased TO the purchaser or pucha5ers at
SAID sale, or to their successorsfOr as
signs; and that upon the execution and
delivery of said deed the receisers in
the above entitled cause and any party
20 the above cause should deliverlall the
property covered by and embraced in
said mortgage which might be b 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 a
Utah Northern Railway company should
execute its deed or join with saidspecial
master IN the execution of the deel to be
made by him and thereby convey and re-
tease 70 the purchaser or purchasers all
It's right, title and interest in and to the
property conveyed by said special master:
ana that also the compliments hefein, as
trustees under said 6irsO mortgage,
snouid likewise at the time of tie exc
cution. OF said deed transfer or release
10 such purchaser or purchasers al their
right. title and interest under said QirsD
mortgage in or to the property 50 con-
Veyed; and that also the receivers should
make execute and deliver a gotd and
sumcient deed conveying to tlR pur-
CHASER or purchasers all their rigtt. title
ana interest in, of or to any property
vested in them or standing in theirnames
or to which they had acquired title as
such receivers in the mana geme1t and
operation of the premises covered by and
embraced in said dirsO mortgage or by
part thereof; and,
Whereas. 1t was in said deere also
provided that said special masterishould
ssccspt no bid for the property from any
bidder Tor a sum less than $500 000fc. nor
from any bidder who should not frs place
IN ms hands or deposit with him as q
pledge the sum of $4,000. in money or a
certified check on some bank OF trust
company in the city of New York. Bos-
ton or Salt Lake; and
whereas, ii was in said decree also
ordered that upon confirmation of the
sale by the court the purchaser or Dur-
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
Snort Line & Utah Northern Railway
company covered by and embraced in, or
intended to be covered by or embraced
in, said CirsD mortgage of the Utah
southern railroad extension to the COM
or the 9Th day of January, A. d. 1877, at
the hour of twelve o'clock. noon, at the
passenger station of the Oregon Snort
Line 4 Utah Northern Railway company
a, SAT- Lake City in the state of Utah;
which said property so TO be sold is de-
scrlbed in said first mortgage as felIows:
The following described PROPERTY part
OF which is now, and part of which is
hereafter TO be. constructed, purchased,
held, acquired, possessed and Owned by
said corporation, to-wit: The railroad
line OF the said party of the frs part
extending from Juab. on Chicken Creek,
IN the county of Juab. in the territory
or Utah; thence in a southeriy direction
through Juab. Willard and Beaver ccun-
ties to Frisco. in the county of HEAVIER.
in the territory Of Utah distance Of
one hundred and thirty miles. incudine
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. machinerv 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 ali rights
OF way and transit. and all privileges. ard
rights, OF estate of every nature now
quired or possessed by the said CORPORA
ton. pertaining 10 the said lire OF rail-
road between the points aforesaid TO-
sether with all and singular the fene-
mentS, hereditaments and appurter-
ances thereunto belonging, or in anv
wise appertaining. and the reversion AMI
reVersions, remainder and remainders
rents, issues and profits thereof. with ali
the rights. title, interest. estate. property.
possession. claim and demand in law ard
in equity. of the said party OF the first
part, Of, in and TO the same and every
part and parcel thereof: provided t5a,
this grant shall not be construed 10 cover
any railroad property belonging to the
party OF the first part lying north Of the
said Juab station. in Juab county. OF
south Of Frisco. in Beaver county. Utah
territory. Together with all the property
rights of way and transit and all priv
ileges and rights of every nature per
tanning to said line OF railroad in said
mortgage mentioned which were Possesses
or acquired by said Utah Southern
railroad extension at the time of the eve
cution Of said mortgage or subsequent
y acquired by it 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 will be required 10 deposit with the
special master the sum of $4,000: and II
the purchaser or purchasers shall fail IL
complete the purchase in accordance Wi IA
the terms of the sale such deposit shall
be forfeited as penalty for such fail,frf
ard # such sale shall not be confirmed
by the court the said deposit shall be re.
turned to said bidder: if the said sale is
confirmed by the court the deposit Sc
made will be accepted and received to an
ply as a part of the purchase price
The bonds secured by the above men.
toned mortgage Of the Utah SOuther-
railroad extension may be rendered am
will be received on account OF the BIZ
Of the purchaser to such amount oniv ss
would be applicable thereto by the terms
Of the said decree had the entire Dur,
chase price been paid in money
IF the sale shall be confirmed dee6
for the properties purchased will be exc.
cuted by the special master and tht
Oregon Short Line & Utah Nerthern Raj.
way company shall join in said deed q,
execute its deed conveying it's right. fitIe
and interest in and to the properties COW.
cred by and embraced In said mortEa ce
and the complainants herein will re-
execute a deed conveying their right. till
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 IL
said decree provided; subject, however
to the liens or claims in said decree n,
by the court found and -adjudsed to \.
preferential to the lien of said mortgage
I Irhich sale and deed by the tar.,na -