The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-10

eae sum tnerein found 70 be due anu
directed 10 be paid the property covered py
sara HrSt mortgage should be sold as an
entlrety ana in one parcel without yalua-
lioh, sppraisement or redemption. al
Didders, at the passenger station of the
oregon Short Line e Utah Northern Rail
may comnany at Salt Lake City in ne
state OF Utah, for term of four weeks
Ixed by said special master, and that pub
nc notice OF such sale, and the time and
pace thereof, together with the manner
gnu the terms upon which said sale should
oe conducted, should be given by the said
speSlai master by advertisement twice
week IN Two newspapers published in the
preceding the day of sale. the first publ
Sauon OF which shall be at least thirty
Jays peIore the day OF sale. and that
! Sdtu special master should have power TO
aoJourn such sale from time TO time at
lue request of the said complainants,
Upon such notice as to said special mas
| yer might seem reasonable; such sale and
eonnrmation thereof to perpetually bar
sdiu defendants, or any one of them. or any
PS,SIoil or persons claiming through or
unuer any or them, from all right or in
- 81 ~ or TO Sard railroad and properly
Dy SAID decree ordered 10 be sold, either
a. idM or IN equity; and it being further
PROVIDED by said decree that upon COM
plying with the terms of the sale the
said special master should execute and
| uSHVer a deed conveying the property pur-
| chased 10 the purchaser or purchasers at
saIu SAFE, or TO their successors or as
SIGNS; and that upon the execution and
| deilVery OF said deed the receivers in
| the ABOVE entitled cause and any party
to the above cause should deliver all the
property covered by and embraced in
sdlo mortgage which might be in their
p cpsss 10 the said purchaser or pur-
chdsefS at said sale; and that a. the
time OF the execution of said deed by said
special master the Oregon Short Lire 6.
Utah Northern Railway COMPANY should
execute Its deed or join with said special
master in the execution of the deed to be
niaue by MN and thereby convey and re-
lea 70 the purchaser or purchasers all
It's rlgnt, title and interest in and to the
properly conveyed by said special master;
ana that also the compliments herein as
trustees under said CfirsD mortgage,
should likewise at the time of the exc
cution OF said deed transfer or release
TO such purchaser or purchasers all their
right title and interest under said GirsO
mortgage In or to the property so con-
Veyed; and that also the receivers should
make, execute and deliver a good and
sufhcient 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 (frsD mortgage or by
use OF the increase or proceeds of any
part thereof; and,
| Whereas, il was in said decree also
provided that said special master should
accept no bid for the property from any
bidder for sum less than $500, 000 nor
|
in his 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
chasers should make such further pay
ment or payments in such manner as
the court might direct:
Now, therefore, notice is hereby giver
| n roic1
the special master named in and by said
, decree, that all and singular the railway
properties and franchises of the Oregon
Short Line & Utah Northern Railway
company covered by and embraced in, OF
: | intended to be covered by or embrac Gee
in, said CfirsO mortgage of the Utah
southern railroad (eXtension) to the com
pialnants herein as trustees, will be solo
} on the 9th day of January A d. 1897, al
the hour of twelve o'clock, noon, a the
} passenger station of the Oregon Short
, Line & Utah Northern Railway company
at Salt Lake City in the state of Utah
[ which said property so to be sold is de-
scrlbed IN SAID trst mortgage as follows
r me following described property. par
or which is now, and part of which i:
hereafter TO be, constructed, purchased
: held, acquired, possessed and owned by
said corporation, toWit: The railroad
line of the said party of the first par
2 extending from Juab, on Chicken Greek
+; in the county of Juab, in the territor,
[ | Of Utah; thence in a southerly direction
g | through Juab, Willard and Beaver coun
ties to Frisco. in the county of Beaver
in the territory of Utah, a distance @
. | one hundred and thirty miles, inciudin;
e Herewith the roadway and track ant
e franchises, together with all the super
! structures. deDotS, depot grounds, station
c | houses, watering places, turnouts work
g shops, machine shops. machinery, sid
I | tracks, turntables, weighing scales fix
[ | lures, locomotives, tenders, rolling stock
I fuel, equipment and all other propert.
: which is now or may be hereafter uset
Y IN operating said railroad, and all right
) of way and transit, and all privileges, ant
rights or estate of every nature nov
I owned, or hereafter to be purchased, ac
r CURED or possessed by the said corpora
I ton, pertaining to the said line of rail
Z road between the points aforesaid to
l. gether with all and singular the tene
: ments, Entertainments and appurten
L anceS thereunto belonging, or in an
e wise appertaining, and the reversion an
/ reVerSionS, remainder and remainders
5 rents, issues and profits thereof, with al
the rights, title, interest, estate property
: possession, claim and demand in law an
q in equity, of the said party OF the frs
d part, of, in and to the same and ever
q part and parcel thereof; provided tina
e this grant shall not be construed to cove
i any railroad property belonging. to tn
= party of the first part lying north of tn
i said Juab station, in Juab county @
= south of Frisco, in Beaver county, Uta
= territory. Together with all the property
( rights of way and transit and all priv
: ilegeS and rights of every nature pe1
e tanning to said line of railroad in sal
q mortgage mentioned which were possesse
~ or acquired by said Utah Souther
Il railroad extension at the time of the exc
:. cution of said mortgage or subsequent
il ~ acquired by it or by the Utah Centre
a Railway company, The Oregon Shor
~ Line & Utah Northern Railway compan
4 or the receivers thereof.
n the purchaser or purchasers at sue
q sale will be required to deposit with tn
e special master the sum of $50. 0O0: and
If the purchaser or purchasers shall fell
n | complete the purchase in accordance wit
NJ the terms of the sale such GeDosit sha
r be forfeited as a penalty for such faiuI
! and if such sale shall not be confirme
IT turned 10 said bidder; if the said sale
I. confirmed by the court the deposit
e made will be accepted and received to al
20 ply as a part of the purchase price.
@ The bonds secured by the above mel
J. toned mortgage of the Utah SoutheI
p will be received on account OF the b
3 OF the purchaser to such amount only
Of would be applicable thereto by the tern
Y of the said decree had the entire Du
h. chase price been paid in money.
re If the sale shall be confirmed a dee
ST cuted by the special master. and II
s, Oregon Short Line & Utah Northern Raj
y way company shall join in said deed
n execute its deed conveying its right tit
e. and interest in and to the properties CO
cred by and embraced in said mortgag
and the compliments herein will al
execute a deed conveying their right, tit
Or and interest as trustees of the said NOR
gage in or to any of the property cover,
by or embraced therein, and said r
: ceivers shall also execute a deed as
said decree provided; subject howeve
7 by the court found and adjuGged TO
= Dreferential TO the lien of said mort q