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

i lllOI Gage anu CONSTITUTED q llc4l upO4 t--C
premises, property. and franchises de-
! scribed in the said mortgage and here
/ matter described and
Whereas. il was in and by said decree
further ordered. adjudged and decreed
: that all of the property covered by said
mortgage be sold as an entirety ana N
! one parcel under the direction or me
undersigned. William D. Cornish, the
special master named in and by said de-
cree; the sale TO be made subject 10 a
certain mortgage OF the Utah Soutnern
hahroad company. dated July LIST. lsl;
known as the First Mortgage Of said
Ctan Southern Railway company, in so
iar as the property covered by and EN-
ofaced In said general mortgage is also
covered by and embraced in said first
mortgage; and subject also to certain
claims and liabilities in said decree men
! tioneo-the proceeds of such sale 10 De
applied in satisfaction of the debts and
/ oDlgauons in said decree mentioned; ana
! whereas, in said decree il was further
ordered that in default Of the payment Of
/ the sum therein found to be due and di-
/ rected 10 be paid the property covered
/ oy SAID general mortgage should De sofa
/ as an entirety and in one parcel without
valuation, appraisement or redemption,
dt pubic auction. to the highest bidder
or bidders. at the passenger station OF
the Oregon Short Line & Utah Northern
railway company at Salt Lake city IN
/ the state Of Utah, on a day or days to
] De nHed by said special master: and that
puDlic notice of such sale. and the tam
! ana place thereof. together with the
manner and the terms upon which said
sale should be conducted should be given
| by the said special master by advertise
ment twice week in two newspapers
published in the state of Utah. for Term
OF Tour weeks preceding the day of sale
the first publication of which shall be
at least so days before the day of SAFE,
and that said special master should have
power TO adjourn such sale from time 10
time at the request of the said complain
ants, upon such notice as to said special
master might seem reasonable; such SAFE
and confirmation thereof 10 perpetually
bar said defendants. or any one of them,
or any person or persons claiming
through or under any of them, from all
right or interest in or to said railroad
and property by said decree ordered TO be
sold, either at law, or in equity; ana IL
being further provided by said decree
that upon complying with the terms OF
the sale the said special master should
property purchased TO the purchaser or
purchasers at said sale, or to their success
sors or assigns; and that upon the eX-
ecution and delivery of SAID deed the re-
ceivers in the above entitled cause ana
any party to the above cause should de-
liver all the property covered by ana
embraced in said mortgage which might
be in their possession, TO the SAID pur-
chaser or purchasers at said sale;
and that at the time of the exc,
cution of said deed by said special
master. the Oregon Short Line & Utah
Northern Railway company should eX,
ecute its deed or join with said special
master in the execution OF the deco 70
De IldQc Dy MIN ana lnGTeDN CONVEY anu
release to the purchaser or purchasers all
its right, title and interest in and TO
the property conveyed by said special
master; and that also the compliments
herein as trustees under said genei al
mortgage, should likewise at the time OF
the execution of said deed transfer or
release to such purchaser or purchasers
all their right, title and interest under
said general mortgage in or TO the prop
erty SO conveyed; and that also the re-
ceivers should make, execute and denver
md inf lrlf
the purchaser or purchasers all their
right title and interest in. of. or to any
property vested in them or standing in
their names or to which they had ac-
quired title as such receivers in the man
agement and operation of the premises
covered by and embraced in said general
mortgage or by use of the increase or
proceeds of any part thereof; and
Whereas. it was in said decree also pro-
vided that said special master should
accept no bid for the property from any
bidder for a sum less than S5OoUoo' nor
place 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 Aork,
Boston or Salt Lake; and
Whereas. it was in said decree also
ordered 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
by the undersigned. William D: Cor
nish. the special master named in and
by said decree, that all and singular the
railway properties and franchises of the
Oregon Short Line K Utah Northern
Railway company covered by and en-
braced in, or intended to be covered by or
embraced in, said general mortgage Of the
Utah Southern Railroad company TO the
complainants herein as trustees. viii be
sold on the 9Th day of January. a. D. |
1891 at the hour Of IL o'clock. fore |
noon, at 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 described in said general
mortgage as follows: The following de- !
scribed property: The railroad line OF I
Lake City, utah Territory. and run |
ming thence in a southerly direction |
through or partly through Salt Lake. !
Utah and Juab counties, by way of Big |
and Little Cottonwoods. Sandy. Draper. |
I.ehi American Fork Pleasant Grove. /
Springville. Spanish Fork. Payson, San
taquin, York. Nephi and Juab. in the |
Territory of Utah, including therein the |
roadway and track. together with all of the |
superstructures. depots. depot grounds, !
station houses. watering places. turnouts, I
work shops. machine shops. machinery, /
side-tracks turntables, weighing scales. /
fixtures. locomotives. tenders, rolling /
stock fuel. equipment and all other /
property which is now or may be here /
after used in operating the said road be- /
tween the points aforesaid and all rights /
of way and transit, and all privileges and !
rights of estate of every nature and kind I
now owned or hereafter TO be acquired, /
purchased, held or possessed by the said /
party of the first part pertaining TO the l
said line of railroad between the points I
aforesaid together with all and singular 4
the tenements, hereditaments and ap- /
purtenances thereunto belonging, or in !
any wise appertaining. and the reversion |
and reVersions remainder and remain /
ders, rents. issues and profits thereof, !
with all 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 thereof; provided this |
any interest or right the party of the /
first part may now or hereafter have in /
anv railroad line north of Salt Lake City, |
or south of Juab, on Chicken Creek. in /
Juab county. in Utah Territory. the |
present ternini of said road: and pre- |
way impair the title under the deed |
made to secure the bonds of said com |
many dated July 1st. 1871, and above re- /
ferred to- or the rights resulting there /
from but it is hereby declared TO be |
subject to that deed and those bonds as /
gether with all the property, rights of way /
and transit and all privileges and rights /
of every nature pertaining to said line of /
railroad in said mortgage mentioned /
which were possessed or acquired by said /
Utah Southern Railroad company at the I
time of the execution OF SAID mortgages
or subsequently acquired by 1t or by the /
Utah Central Railway company, the Ore |
tcon Short Line & Utah Northern Railway !
cOrnuany or the receivers thereof The |
purchaser or purchasers at such sale will /
be required to deposit with the special |