The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-14

ton. appraisement or redemption. at
P iIsc auction, TO the highest bidder or
DDaouefs, al the passenger station of the
oregon Short Line & Utah Northern Rail
way company at Salt Lake City in shc
S S,aaS ot tan. for a term of four weeks
nc hotlce OF such sale and the time and
pace thereof. together with the manner
Gnu IN me terms upon which said sale should
s oS SVeh,oucted. should be given by the said
! nfSS-a master by advertisement twice
Week IN two newspapers published in the
n1ssse o. Utah. for term of four weeks
Sdtlon Of which shall be AT least thirty
ua Jay before the day of sale. and that
- Si1eclai master should have power 10
! the renn suen sale from time to time al
/ ,irov isqusst OF the scid compiainants,
t tpon such notice as TO said special mas
! -. tHIISht seem reasonable: such sale and
So.niistnatlon thereof to Derpetuallv bar
sad defendants or any one OF them or anv
p StSoh or persons claiming through or
! 49,. any OF them. from all right or in
b,- 81 80, IN or 10 said railroad and property
~ , EAU decree ordered 10 be sold. either
1rs OF IN equity; and il being further
PiioNiued by said decree that upon COM
sSaid with the terms of the sale the
dai;,.sp SPECIAL master should execute and
u sf a deed conveying the property pur-
Sn s 10 the purchaser or purchasers at
sinns SAFE. , or 10 their successors or as
SiSHS, ana that upon the execution and
uneIlNery OF said deed the receivers in
~ tlie apove entitled cause and any party
- me above cause should deliver all the
I
salu mortgage which might be in their
possession. TO the said purchaser or pur-
.Sinasefs at said sale; and that at the
time of the execution of said deed bv said
special master the Oregon Short Line &
utan Northern Railway company should
execute It's deed or join with said special
, mast IN me execution of the'deed to he
ihdue Dy MIN and thereby convey and re-
lease 10 the purchaser or purchasers all
us right. title and interest in and to the
PIopGty conveyed by said special master;
a l1afr info l,nr-a
trustees under said (firsO mortgage,
| should likewise at the time of the exc
cutlon OF said deed transfer or release
10 such purchaser or purchasers all their
right, title and interest under said (irsD
mortgage in or to the property so con-
veyed; and that also the receivers should
make, execute and deliver a good and
sulncient 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 to 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,
Whereas. it was in said decree also
provided that said special master should
accept no bid for the property from any
bidder for sum less than 5000 600 90 nor
from any bidder who should not first place
IN ms hands or deposit with him 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, Bos-
ton or Salt Lake; and
whereas, it was in said decree also
ordered that upon confirmation of the
SAFE oy the court the purchaser or Dur-
cnasers should make such further pay
Inent or payments in such manner as
tne 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
Short Line & Utah Northern Railway
company covered by and embraced in. or
i,,tenue9 10 be covered by or embraced
IN, SAID dirsD mortgage of the Utah
S0utnern railroad extension to the COM
plainants herein as trustees will be sold
OF o.. tne 9Th day of January. A. D. 1897 at
tne hour OF twelve o'clock, noon at the
passenger station of the Oregon Short
Line d Utah Northern Railway company
at Sat Lake City in the state of Utah;
Wnich said property so to be sold is de-
scrlDed IN said first mortgage as follows.
me following described property. part
OF winch Is now, and part of which is
h tieISaiter 10 De, constructed. purchased.
neiq' acquired, possessed and owned by
Sald corporation. to-wit: The railroad
me or the said party of the first part
sAtenolnS from Juab, on Chicken Creek
IN 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.
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, fix
lures, locomotives tenders ROLLING stocIr
fuel. equipment and all other Drone1.fv
winch is now or may be hereafter used
IN operating said railroad, and ali rights
OF oi way ana transit, and all privileges. and
rights or estate of every nature now
owned, or hereafter to be purchased ac-
CURED or possessed by the said CORPORA
ton, pertaining to the said line of rail-
road between the points aforesaid. to-
gether with all and singular the tene-
ments, Entertainments and appurten-
anees thereunto belonging, or in any
wise apperta1ning, and the reversion 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, of, in and to the same and every
part and parcel thereof; provided. that
this grant shall not be construed 10 cover
any railroad property belonging to tha
party of the first part lying north of the
said Juab station. in Juab county or
SCUM 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 possessed
or acquired by said Utah Southern
railroad extension at the time of the exc
cutlOn OF said mortgage or SubSeOuant
~ acquired by II or by the Utah Central
Railway company. The Oregon Short
Line & Utah Northern Railway company
or the receivers thereof
me purchaser or purchasers al 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 a penalty for such failure
ard II such sale shall not be confirmed
by the court the said deposit shall be re-
confirmed by the court the deposit so
made will be accepted and received to ap-
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 10 such amount only as
would be applicable thereto by the terroe
of the said decree had the entire Dur-
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
and interest in and to the properties COW
cred by and embraced in said mortgage.
and the complanants 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 adiudged to he
preferential to the lien OF said mortgage:
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