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

whereas. u was n and by sid decree
further ordered. adjUdgei and cecreed
that al Of the properly covered by sad
mortgage be sold as en- entirety and N
one parcel under the direction OF the
undersigned. William u. Cornish, the
special master named IN and by said lie
cree the sale 10 be made subject 10 a
certain mortgage of toe Jtah southern
railroad company. dated July lst. lSu.
known as the First Mortgage OF said
Ctah Southern Railway company. IN 50
Tar as the property covered by and en-
oraced N said general mortsase IS also
covered by and embraced in said irSt
mortgage, and subject also 10 certain
claims and liabilities in said decree men
iioned-the proceeds Of such sale 10 DC
2ppled IN satisfaction of the debts ana
oelgations in said decree mentioned; and
Whereas. in said decree ii was further
ordered that in default Of the payment Of
the sum therein found TO be due and d.
rected to be paid the property covered
by said general mortgage should be sold
as an entirety and in one parcel without
valuation. appraisement or redemption.
AZ puDllc auction. TO the highest oiudes
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 10
be fixed by said special master. and that
public notice of such sale. and the tim
and 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 a week in two newspapers
pupuSHeu IN the state OF Juan, iOf = iel III
OF four weeks preceding the day OF sale.
the nrst publication OF which snail be
at least 80 days before the day OF sale,
and that said special master should nave
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 sale
and confirmation thereof to perpetually
bar said defendants, or any one of them,
or any person or persons claiming
through or under any of them, from all
and property by said decree ordered to be
sold, either at law. or in equity; and II
being further provided by said decree
that upon complying with the terms OF
the sale the said special master should
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 eN-
ecution and delivery of sad deed the re-
ceivers in the above entitled cause and
any party to the above cause should de-
liver all the property covered by and
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
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 deed 10
be made by him and thereby convey and
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 geneia 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 uLuer
said general mortgage in or to the prop
erty so conveyed; and that also the re-
ceivers should make, execute and deliver
a good and sufficient deed conveying 70
the purchaser or purchasers al 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
vded that said special master should
accept no bid for the property from any
bidder for a sum less than 100000, nor
from any bidder who should not first
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 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:
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 * 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
compliments herein as, trustees. viii be
sold on the 9th day of January. A D.
1897, at the hour OF II o'clock, fore
Oregon Short Line x 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 a southerly 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,
stock fuel, equipment and all other
property which is now or may be here
after used in operating the said road he
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, 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
any railroad line north of Salt Lake City.
or south of Juab, on Chicken Creek. in
Juab county, in Utah TERRITORY, me
present termini of said road: and pro
vided further that this deed shall in no
vay impair the title under the deed
made to secure the bonds of said com
many dated July LIST. lS11. and above re-
ferred TO, or the rights resulting there
from hut il is hereby declared to be
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 pertaining to said line of
railroad in said mortgage mentioned
which were possessed or acquired by said
Utah Southern Railroad company at the
time of the execution of said mortgages
or subsequently acquired by it or by the
Utah Central Railway company. the ore
CON Short Line & Utah Northern Railway
comuanv or the receivers thereof The
purchaser OF purchasers al such sale Will
ne required to deposit with the special
master the sum OF $90vu; and II the
plete the purchase in accordance with the
Terms of the sale, such deposit shall be