The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-08

| ~norr,e al u the property covered by said
o LII 'sase oe sold as an entirety and IN
one parcel under the direction of the.
| oIiueI signed. William D. Cornish the.
cree. IN iAdster named in and by said de-
SSsrnaln mortgage of the Utah Southern
irn a,,rOau company, dated July 1st, 1871.
ITte% as tne FIRST Mortgage of said
S SSsn southern Railway company in so
"a as the property covered by and en-
C.aceu IN said general mortgage is also
nor+. gu oy ana embraced in said first
cI Io sac ana subject also to certain
claims and liabilities in said decree men,
| e,oI'suIthe proceeds of such sale to be
o ebbRele1 IN satisfaction of the debts and
0UIHsSauonS IN said decree mentioned; and
nereas, in said decree it was further
~ LeesS u mat IN default of the payment or
| rac+s Ssiit tnerein found TO be due and d.
| tSe.eu TO be paid the property covered
" sdld general mortgage should be sold
1 H,, an isiItlrety and in one parcel without
seiudIoh appraisement or redemption,
I - Ruoiic auction, to the highest bidder
| u DIuders, at the passenger station of.
| p.e oregon Short Line & Utah Northern
t Ia company at Salt Lake City IN
| ~ ny Sue OF tan, on a day or days 90.
pe HXed by said special master. and that
! PuSic hotlce OF such sale, and the tim
r nraI pace thereof, together with the
lii1iiiSr ana the terms upon which sac
| SAFE should be conducted. should be given
~ lhe SAID special master by advertise
nent twice a week in two newSpaperS
| S DHsned IN the state of Utah, for term
| VI lour weeks preceding the day of sale.
me hrst publication of which shall be.
/ aLu lhat said special master should have
power TO adjourn such sale from time to
| olio at the request Of the said complain
ants, upon such notice as TO said special
S ser might seem reasonable: such sale.
ana confirmation thereof to perpetually
par SAID defendants. or any one of them,
| through or under any of them from all
rlSht or interest in or to said railroad
aId property by said decree ordered to be
! sou, elther at law, in equity; and it
| nv decree
mat upon complying with the terms OF
me sale the said special master should
! execute and deliver a deed conveying the
properly purchased to the purchaser or
purchasers at said sale, or to their success
! soTS or assigns; and that upon the ex-
ecuIlOn and delivery of SAID deed the re-
| celVerS in the above entitled cause and
any party 10 the above cause should de-
| IVer all the property covered by and
embraced In said mortgage which might
! De IN their possession, to the said pur-
chaser or purchasers at said sales
/ 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 deed 10
be made by him and thereby convey and
| release to the purchaser OF purchasers all
ITS right, title and interest in and TO
the property conveyed by said special
| master; and that also the complainantS
herein, as trustees under said genera
| mortgage, should likewise at the time OF
release TO such purchaser or purchasers
all their right, title and interest uEder
| 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 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-
accept no bid for the property from any
bidder for a sum less than $500 900, nor
from any bidder who should net 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 az
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 tho
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: D.
noon. at the passenger station OF the
Oregon Short Line * Utah Northern
Railway company ct salt Lake City, in
the state of Utah; which said properly
so to be sold is described in said general
mortgage as follows: The following de-
scribed property. The railroad line OF
+ta sold al
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
t9nIIin York Nephi and Juab in the
Territory of Utah, including therein the
roadway and track. together with all Of the
superstructures, depots, depot srouncs,
station houses, watering places. turnouts,
work shops, machine shops, machinery,
side-tracks turntables, weighing scales.
fixtures. locomotives, tenders, rolling
property which is now or may be here
after used in operating the said road be-
tween the points aforesaid; and an 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 sad
party of the first part pertaining to the
said line Of railroad between the points
aforesaid. together with ali and singular
the te0emeQIS. neIeQllalltnLS anu dp-
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. N
Iuab county. in Utah Territory, the
present ternini of said road; and pre-
vided further that this deed shall in no
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
fro,o but 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 il or by The
TTtah Central Railway company, the Ore
CON Short Line & Utah Northern Railway
company or the receivers thereof The
purchaser or purchasers at such sale viii
he required TO deposit with the special
master the sum of $4,000; and II the
nurchaser or purchasers shall fail to COM
nIete the purchase in accordance with the
terms of the sale, such deposit shall be
forfeited as a penalty for such failure.
anj IL such sale shall not be confirmed,
- ~ court the said deposit shall ha