The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-05

premises, property and franchises de-
| scroed in the said mortgage and here
! matter described and
/ Whereas it was in and IN, s-td decree
turner ordered. adiudged and decreed
] sIidt al OF the property covered by said
o crvi sage De sold as an entirety and in
/ Undersigned. William D. Cornish, the
! SreS!ei master named in and by said de-
! care.,i .He sale TO be made subject to
S9sI !IIh mortgage of the Utah Southern
tiSaIlIoau company, dated July 1st, 1911.
AnoWh as the First Mortgage Of said
Far ,Sn southern Railway company. in SO
L a. dS the property covered by and en-
o oaaceu If said general mortgage is also
DoNsreu py and embraced in said first
Claims s. ana subject also to certain
tiicrIiLiS ana liabilities in said decree men
uoned-the proceeds of such sale to be
T dPphed IN satisfaction of the debts and
OOtSauOnS In said decree mentioned; and
whereas, in said decree it was further
ordered that in default of the payment OF
: .ne sum therein found to be due and di-
ttecteu 10 be paid the property covered
/ Dy said general mortgage Should be sold
i as an entirety and in one parcel without
Faiudu0h, appraisement or redemption,
| at PuOllc auction to the highest bidder
or bidders, at the passenger station of
Ihe oregon Short Line & Utah Northern
h tS company at Salt Lake City IN
sne STATE or tan, on a day or days 70
/ De Ixed by said special master and that
puphc notice of such sale and the tina
anu place thereof. together with the
manner and the terms upon which said
SAFE should be conducted. should be given
by the said special master by advertise
Hlent twice week in two newspapers
publlshed in the state of Utah. for term
OF Tour weeks preceding the day of sale,
i the HrSt publication of which shall be
at least 80 days before the day of sale.
anu mat SAID special master should have
power TO adjourn such sale from time 10
/ tIhle at the request of the said complains
ants, upon such notice as TO said special
master might seem reasonable: such sale
/ ana confirmation thereof to perpetually
par SAID defendants. or any one of them.
i tbro, any person or persons claiming
I through or under any of them. from an
/ right or interest in OF to said railroad
ana property by said decree ordered TO be
SOFA, either at law, or in equity; and IL
Delng further provided by said decree
! that upon complying with the terms OF
the 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
SorS or assigns; and that upon the ex-
ecution and delivery of SAID deed the re-
celVers in the above entitled cause and
any party to the above cause should de-
hver all the property covered by and
embraced in said mortgage which might
De IN their possession, 10 the said pur-
CHASER or purchasers at said sale;
and that at the time of the exc
cutlon 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 ard
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 cOmDlatnants
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 urder
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 md int in nf or
property vested in them or standing IN
their names or 10 which they mad ac-
quired title as such receivers in the man
agement and operation or 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 q sum less than S6tO,uU0, nor
from any bidder who should not tirst
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 OF
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 ID. 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
ccmpainants herein as trustees, VIII be
sold on the 9th day or January. A D.
1897 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 properly
so TO be sold is described in said general
mortgage as follows: The following de-
Scribed property. The railroad line OF
the said company, commencing al Salt
Lake City, utah Territory, and run
ming thence in a southsrly 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.
SPTingville, spanish Fork, Payson, san
taquin, York. Nephi and Juab in tho
Territory of Utah including therein the
roadway and track. together with all Of the
superstructures. depOts. depot grounds,
station houses. watering places tUr7Outs.
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
now owned or hereafter 10 De acquired,
purchased. held or possessed BY the said
party OF the first part pertaining 10 the
said line of railroad between the points
aforesaid together with all and singular
the tenements, hereditaments and APP
purtenances tnereUntO belonging. or in
any wise appertaininE, and the reversion
and. rev ersiOns. remainder and remains
ders, rents. issues and profits thereof.
with all the rights, title, interest. estate,
property, possession, claim AMI demand,
in law and in equity. Of the said party
OF the first part OF, in ana 70 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
Dresent ternini of said road: and pre-
vided further that this deed shall in no
v-av impair the title under the deed /
made TO secure the bonds of said COM
many dated July lst 1871, and above re-
ferred to or the rights resulting there I
from but it is hereby declared 10 he
si,hiect 10 that deed and those bords as [
befvveen Salt Lake City and York To-
eether with all the property, rights of way
and transit and ali privileges and rights
Of every nature pertaining 10 said line OF
railroad in said mortgage mentioned /
which were possessed or acquired by said
l-tah Southern Railroad company at the
time of the execution of said mortgages
or subsequently acquired by it or by the
T-+ah Central Railway company. the Ore
sson Short Line & Utah Northern Railway f
companv or the receivers thereof The
purchaser or purchasers at such sale win
- rs0f7fred 10 deposit with the SDecIal