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

oidders. at the passenger station of the
49, v.Sson snort Line & Utah Northern Rail-
- coinpany at Salt Lake City in he
STATE OF Utah. for term of four weeks
in@eo oy said special master. and that pub
ni NJ a lo'.ee OF such sale. and the time and
PIdSe thereof. together with the manner
ana anu me terms upon which said sale should
&c c1liuucted. should be given by the said
vy pSJt" Il master by advertisement twice, a
| 60 ~ ~ Two newspapers published in the
nreceJ ~ tan, for term of four weeks
% % sttSSeuilg the day of sale, the first publ
DAYS be OF which shall be at least thirty
sIu special master shouId have DOWer 10
tb5 OuIn such sale from time TO time at
, me request of the said compliments,
ter Tnissbt h houce as to said special mas,
con S -.sit seem reasonable; such sale and
! ss;I =, ti "a tion thereof TO perpetually bar
nerso,, ieliuants or any one OF them, or any
nnfior ol persons claiming through or
terast any OF them, from all right or in
nv go IN or TO said railroad and property
| n; ,o -u cecrSe ordered TO be Sold either
proviJeS gi In IN equity; and il being further
! RiNieu Dv said decree that upon COM
| 70 win the terms of the sale the
d 49, special master should execute and
| cba ,eI d ceed conveying the property pur-
( sa;S 20 the purchaser or purchasers at
| sirIu SAFE, or to their successors or as
d az 10, ana that upon the execution and
| ~ 'eIy OF said deed the receivers in
| - tIS ABOVE entitled cause and any party
| 20 me above cause should deliver all the
PaEPeIty covered by and embraced in
T Ts,tr gage which might be in their
| ~ the SalU purchaser or Dur-
chaSers at said sale; and that at the
eiiiIe OF the execution of said deed by said
| 1 1peTid, master the Oregon Short Line &
| Ctah Northern Railway company should
execute its deed or join with said special
r,'Sler IN the execution of the deed to be
iiiaue Dy MN and thereby convey and re-
IFS rir6t me ne, purchaser or purchasers all
Us IIsnt' ute and interest in and TO the
| Pro3peLty conveyed by said special master;
ano that also the complainants herein. as
s iuS.eSs under said CirsD mortgage,
~ - h.
culoh OF said deed transfer or release
| 70 Sucn purchaser or purchasers all their
rIsnt, ute and interest under said CirsD
mortgage In or to the property so con-
veyed; and that also the receivers should
mar, execute and deliver good and
| obnroe deed conveying TO the pur-
ChdsSr or purchasers all their right title
anu interest in, of or to any property
vested IN them or standing in their names
OF 70 which they had acquired title as
| Such receivers in the management and
! operation of the premises covered by and
embraced in said dirsO mortgage or by
use or the increase or proceeds of any
part thereof; and,
whereas. it was in said decree also
] provided that said special master should
$ccept no bid for the property from any
oIuder Tor a sum less than 5000 10000 nor
i ~ any bidder who should not first place
III ms hands or deposit with him as
PIedge the sum of $4,000. in money or
ceItIneu check on some bank or trust
to many pa IN the city of New York. Bos-
1
heTeaS, 1t was in said decree also
! orqered that upon confirmation of the
saie Dy me court the purchaser or pur-
chasers should make such further nav
ment or payments in such manner as
the court might direct:
Now, therefore, notice is hereby given
ny ~ tne Undersigned, William d. Cornish,
ene special master named in and by said
uecree, that all and singular the railway
properties and franchises of the Oregon
snort Line & Utah Northern Railway
hTr and
intended 10 be covered by or embraced
IN, said GirsD mortgage of the Utah
S0uthern railroad (extension) to the COM
pIdlnants herein as trustees, will be sold
or the 9Th day of January. A. D. 1897. at
lne hour OF twelve o'clock. noon, at the
passenger station of the Oregon Short
Line d Utah Northern Railway company
AT oaIt Lake City in the state of Utah;
Which SAID property so to be sold is de-
scrlbed IN said first mortgage as follows:
me following described property part
of which is now, and a part Of which i
hereafter 10 be, constructed purchased
heid, acquired, possessed and owned bv
Salu corporation, to-wit: The railroad
me OF the said party of the first part
extending from Juab. on Chicken Creek
~ me county Of Juab. in the territory
OF Ctah; tnence IN southerly direction
through Juab Willard and Beaver toun-
ties TO Frisco, in the county of Beaver
IN the territory of Utah. a distance Of
one hundred and thirty miles, including
herewith the roadway and track and
franchises, together with all the S11r1er
structures. depOts, depot grounds. station
houses, watering places, turnouts, work
SHOPS, machine shops. machinery side
tracks, turntables Weighing scales fv
lures, locomotives tenders. rolling stock
1uel. equipment and all other property
which is now or may be herea frer ,,sad
In operating said railroad and Ali rirb+s
OF way and transit, and all privileges. and
rights OF estate of every nature now
owned or hereafter to be purchased, ac-
CURED or possessed by the said corDora
ton, pertaining TO the said line of rail
road between the points aforesaid TO-
geener WITH an and singular the tene-
ances thereunto belonging, or in any
wise appertaining. and the reversfon ana
reVerslons, remainder and remainders
rents, Issues and profits thereof with ali
the rights, title, interest estate proDerfv
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 and parcel thereof: provided tba+
this grant shall not be construed to roI-er
any railroad property belonging 10 the
party of the first part lying north of fbe
said Juab station. in Juab county or
south of Frisco. in Beaver county Utah
territory. Together with all the propertv
rights of way and transit and all priv
lieSes 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
cution of said mortgage or subsequent
~ acquired by ii or by the Utah Central
Railway company, The Oregon Short
Line q Utah Northern Railway company
or the receivers thereof.
The purchaser or purchaser at sucb
sale VIII be required to deposit with the
special master the sum of $50 600; and if
the purchaser or purchasers shall fail tn
complete the purchase in accordance with
the terms of the sale such deposit shall
be forfeited a penalty for such failure
and if such sale shall not be confirmed
by the court the said deposit shall be re-
turned to said bidder; if the said sale is
confirmed by the court the deposit so
made will be accepted and received to an
ply as a part of the purchase price
The bonds secured by the above men
toned mortgage of the Utah Southern
railroad extension may be rendered and
Will be received on account of the bid
of the purchaser to such amount only as
of the said decree had the entire pur-
chase price been paid in money
&c the sale shall be confirmed a deed
for the properties purchased will he exc
cuted by the special master, and the
Oregon Short Line & Utah Northern Pail
way company shall join in said deed ar
execute its deed conveying it's right fitIa
and interest in and to the properties COW
cred by and embraced in said mortgage.
and the compliments herein will also
execute a deed conveying their right. title
and interest as trustees of the said mort
gage in or to any of the property covered
by or embraced therein, and said re-
ceiVers shall also execute a deed as in
said decree provided; subject, however.
to the liens or claims in said decree mr.
by the court found and adjudged 10 he
preferential to the lien of said mortea ge.
which sale and deed by the terms of said
decree shall perpetually bar all right and
interest of any of the defendants herein
or under them, from all right and interest
in said n1ortgaged premises.