The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-17
NOTICE OF SALE UNDER TRUST
DEED.

NOTICE IS HEREBY GIVEN BY THE
Undersigned. Thomas p Lewis. sheriff OF
SAT- Lake county, state of Utah, under
certain deed of trust. wherein Bar
ney Judge and Lizzie Judge, his wife, of
salt Lake City, Utah, are first parties
ana Harry Lowe of Montpelier. Yer
Lowe, of said Montpelier is third party,
the beneficiary, made. executed and de-
iivered on the first day of August, 1891,
whereby the said first parties conveyed
10 said Harry Lowe. trustee, SAID sec
ond party, all the real estate -hereinaf-
ter described. in trust TO secure the pay
ment OF certain promiSSOry note or
the same date. signed by said first par
lars. payable on the first day of August,
1871 10 said Clara NJ. Lowe. the third
party, with interest at the rate of ten
per cent per annum from date until ma
turity, payable according to the tenor and
effect OF six interest notes attached TO
said principal note of even date there
with for fifty dollars each. made by the
said first parties, and payable TO the
order OF said Clara NJ. Lowe, in L. s
gold coin, payable respectively on the
first day of February, 1895. and on the
first day of August. 1888, and on the first
day of February. 1886. and on the first
day of August, 1895, and on the first day
of February, 1897, and on the first day
of August, 1897: which said principal note
and said coupon notes are payable at the
Office of the bank of WellS-Fargo &
company, Salt Lake City. Utah, to bear
interest after maturity at the rate or
twelve per cent per annuIn. And by said
deed it was provided that should the
first party fail or refuse to pay the said
debt or the said interest. or any part
thereof when the same or any part there
of shall become due and payable ac-
cording to the true tenor. date and effect
OF said principal note and said coupon
notes. or fail well and truly to keep and
perform each and all of the covenants
therein expressed, including the pay
ment OF taxes and assessments when due,
then the whole debt should become due
and payable and said deed remain in force;
and the said party of the second part, or
in case of his death, refusal to act or
disability in any wise, the (then) acting
sheriff of Salt Lake county, Utah, at
the request of the legal holders of said
principal note and said coupon notes may
proceed to sell the property therein and
hereinafter described, or any part there
of. at public vendue to the highest bid
der after giving notice thereof as in said
deed required. And whereas, said deed
of trust was duly recorded on the second
day of August, 1894, in the Office of the
county recorder of Salt Lake county, ter
ritory, now state of Utah, in book ''3-V'
of mortgages. page 81 to 80 inclusive, ref
erence to which is hereby made. And.
whereas, no part of the principal sum
due on said note has been paid. and no
part of the interest due thereon, except
the first four coupon notes. And, where
as. the interest due February l, 1897, on
said principal sum is evidenced by the
coupon interest note number five pay
able on the first day of February, 1897,
has been long since due and unpaid and
now remains unpaid, and the said Clara
NJ. Lowe the legal holder of said prin-
cipal note and said interest coupon notes,
has notified me of said non-payment of
said interest coupon note, which came
due February l, 1897, and has elected to
declare the said principal sum, with the
accrued interest thereon, due and pay
able according to the terms of said prin-
ciDal note and said deed of trust. and the
whole of said principal sum and the ac-
crued interest thereon is now due and
payable; and has requested me, the said
trustee under said deed of trust being
nonresident of the state of Utah, and
refusing to act, and l being the acting
sheriff of Salt Lake county, Utah, to sell
said real estate in accordance with the
provisions of said deed of trust to pay
said principal sum due on said note and
the interest accrued thereon, and the
costs of this sale and the execution of
said trust. including reasonable COM
pensation to me and ten per cent attor-
ney's fee. as provided in said deed of
trust Now therefore. on Wednesday. the
18th day of June, A d. 1897 at the hour
of Il clock noon of said day. at the west
front door of the county court house OF
Salt Lake county. Utah. in Salt Lake
City. Utah, for the purposes aforesaid,
and at public vendue. shall sell to the
highest bidder for cash, all of the right,
title and interest that the said Barney
Judge and Lizzie Judge, his wife. or either
of them had on the first day of August,
1894. or have since acquired. of. in and
to that certain tract of real estate sit
uate in the county of Salt Lake. state of
to-wit. all of lots one and two. in block
two Waterloo addition to Salt Lake City.
Salt Lake county. Utah.
THOMAS P. LEWIS.
Sheriff of Salt Lake County, Utah.
Dated May 18th, 1897.
Moyle. Zane & Costigan, Attorneys.