The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-24

premises, property and franchises de-
scrfbed in the said mortgage and mere
! matter described and
Whereas it was in and by said decree
further ordered, adjudged and decree4
tnar all OF the property covered by sd,4
mortgage be sold as an entirety ana n
Undersigned, William d. Cornish. the
special master named in and by said de-
cree; the sale to be made subject 70 q
certain mortgage of the Utah Southern
Rallroad company. dated July 1st, 1871;
known as the First Mortgage or sd1u
Stan southern Railway company, IN 60
Tar as the property covered by ana en-
oraced in said general mortgage il also
covered by and embraced in sale nrst
MORTGAGE; and subject also to certain
cidlnS ana liabilities in said decree men ~,
tioned-the proceeds Of such sale TO pc
applied in satisfaction of the debts ana
opngations in said decree mentioneds anu
whereas, in said decree it was IuItne
ordered that in default of the payment OF
the sum therein found to be due ana 81
recteu 10 be paid the property cover
Dy said general mortgage should De solo
as an entirety and in one parcel without
valuation appraisement or redemptiqE.
at public auction. to the highest oldoss
or bidders, at the passenger station u
the Oregon Short Line Utah Northern
railway company at Salt Lake CITY IN
the state OF Utah, on a day or days 70
De nxed by said special master. ana ina lnee
public notice of such sale, and the tins
ana place thereof, together with the
manner and the terms upon which sac
by the said special master by advertise
ment twice week in two newspapers
puDiisned in the state of Utah, for term
or four weeks preceding the day OF SAFE.
the first publication of which shall be
at least so days before the day Of sale.
ana that said special master should nave
power to adjourn such sale from time 70
time at the request of the said complain
ants, upon such notice as to said speeiai
master might seem reasonable; such sale
ana confirmation thereof to pcrpetuaiiy
or any person or persons claiming
through or under any of them. from ali
and property by said decree ordered to be
solo, either at law, or in equity, ana II
Deing further provided by said decree
that upon complying with the terms OF
the sale the said special master shonlc
execute and deliver deed conveying the
property purchased to the purchaser or
purchasers at said sale, or to their success
sors or assigns; and that upon the e1-
ecution and delivery of SAID deed the re-
ceivers in the above entitled cause ana
any party TO the above cause should dc.
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 speclai
master, the Oregon Short Line e. Utan
Northern Railway company should e1-
ecute its deed or join with said speclai
master in the execution of the deed TO
be made by him and thereby convey ana
release to the purchaser or purchasers ali
Its night, title and interest IN ana 70
the property conveyed by said speclai
master; and that also the complainants
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 uLder
said general mortgage in or TO the prop
erty so conveyed: and that also the re-
ceivers should make, execute and deliver
good and sufficient deed conveying 20
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 $4,000, nor
from any bidder who should not iirsr
place in his hands or deposit with him
as pledge the sum of $4,000 in money
or a certified check on some bank or
trust company in the city Of New York,
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
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 & 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. ID.
1887 at the hour of II o'clock, fore
Of he m station .
Oregon Short Line & Utah Northern
Railway company at Salt Lake City, IN
the state of Utah; which said property
mortgage as follows: The following de-
scribed property: The railroad line OF
the said company. commencing at Salt
Lake City, Utah Territory, and run
ming thence in southeriy direction
through or partly through Salt Lake,
Utah and Juab counties. by way of Big
and Little Cottonwoods, Sandy. Draper,
Lehi, 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,
work shops, machine shops. machinery,
side-tracks turntables. weighing scales
fixtures, loco motives, tenders. rolling
stock, fuel, equipment and all other
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
now owned or hereafter to be acquired
purchased, held or possessed by the said
party of the first part pertaining to the
said line Of railroad between the points
aforesaid, together with all and singular
the tenements, Entertainments 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
deed shall not be construed to convey
any interest or right the party of the
first part may now or hereafter have in
any railroad line. north of Salt Lake City.
or south of Juab, on Chicken Creek, in
Juab county, in Utah Territory, the
present terrnini of said road; and pro-
vided further that this deed shall in no
way impair the title under the deed
made to secure the bonds of said COM
panv dated July LIST, 1871, and above re-
ferred to- or the rights resulting there
subject to that deed and those bonds as
between Salt Lake City and York To-
gether with all the property, rights of way
and transit and all privileges 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 company at the
or subsequently acquired by IL or by the
Utah Central Railway company, the Ore
eon Short Line & Utah Northern Railway
company or the receivers thereof. The
purchaser or purchasers at such sale will
be required to deposit with the special