The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-13
TRUSTEES SALE.

WHEREAS, ON THE 9TH DAY OF
May, 1895, Joshua Midgley, John G. Midg
ley and Eliza Midgley, his wife, and Da-
vid A. Midgley and Sarah Midgley,. his
Wife, made, executed and delivered to
James I. Little the premises and prop
erty hereinafter described, in trust, new
ertheless, to secure the prompt payment
given by said Joshua Midgley, John c.
Midgley and David A. Midgley. Said
deed among others conveyed to said trus-
tee in trust the premises and property
hereinafter described: and
Whereas, Among other things 1T is COW
enanted in said deed of trust that said
parties of the first part are we'll seized of
said premises and that they are free and
clear of incumbrances and liens; that
said graptors, the makers of said note,
would pay said note according to it's tenor
and effect; that said premises and prop
erty should be kept free from all liens
and membranes of every nature and
kind; and in default of the payment of
said note, at the time the same became
due and payable. or any interest thereon
as the same became due and payable, or
in case of the breach of any of the COW
enants in said deed made, then said deed
provides that in case the party of the
second part, James 7. Little, shall de-
cline to act as such trustee. or in the
event of his death or disability, then the
sheriff of Salt Lake county, or any of his
deputies then acting, may, as successor
of the party of the second part, proceed
to sell the said described property or any
part thereof at public Vendue. to the
highest bidder for cash (either of the par
ties to said deed being at liberty to be-
come the purchaser at such sale), at the
banking house of said Deseret Savings
bank, the same being situated on the
northeast corner at the junction of East
Temple and First South streets. in Salt
Lake City, Utah, after first giving twenty
days public notice of the time, terms and
place OF said sale and the property to be
| sold, by advertising in some newspaper
printed in the English language and pub
! lished in Salt Lake City; and that on such
sale, the party of the second part, or his
! successor as aforesaid shall execute an6
! deliver deed or deeds in fee simple OF
the property sold to the purchaser or pur-
! chasers thereof "a recital wherein of the
! request of the holder of said note that he
! should proceed to sell and of the publica.
/ ton Of said notice, and in case of the sale
| by the successor, of the happening OF any
or either of the events making him sue
| ceSSor in this trust, shall be evidence II
| all courts of law or equity and be full anC
sufficient proof thereof; that out OF the
! proceeds of such sale the trustee should
| pay the expenses Of said trust, including
| $4,000 attorneys fees, and compensation
! to said trustee, or his successor, for hi:
services; second, pay the amount pait
| the holder of said note, for taxes, insur
ance mechanics liens under the coven
cent per month interest thereon from dat
! to the payment thereof; third, pay tn
amount remaining unpaid on said not
/ above described for principal and interest
calculating interest up to the date of sale
| and
Whereas, Said note was not paid on tn
de tie the same became due, nor any par
thereof, save and except the sum o
leaving still due on said note $S,299.OO a
this date.
That said James T. Little died on Q
Salt Lake City, Utah, and the undersigne
is the sheriff of Salt Lake county, an
will make the sale in accordance with tn
/ request which has been made by the Des
eret Savings bank, the holder of sal
note;
Now. therefore, notice is hereby give
that the undersigned, Thomas P. Levi:
cessor to James T. Little in the trus
aforesaid, will Oil the 22d day of Decem
Der, 1885, at the banking room of the Des
eret Savings bank, situated on the north
of East Temple and First South street:
Salt Lake City, at the hour of twely
O'Clock neon, at that day offer for sal
and sell to the highest bidder the .propert
above referred to and described as 70,
A part of lot four a.. block forty-seve
half (71a) rods south from the northwes
corner Of said lot four %, in block forty
seven 40, plat r, Salt Lake City SUI
rods thence east ten Q0) rods; thenc
north two and one-half ca rods; theno
west ten Coz rods to the place of begir
ming Also, that certain three-story an
basement, rock and brick. composite
roof, building. situated upon that certai
piece or parcel of land, situate, lying an
being in the city of Salt Lake. county
Salt Lake, state of Utah, bounded ar
described as follows, to-wit: Commencir
at point five 90 rods west from IL
southeast corner of lot two %, bloc
seventy-one I'D, plat "a" Salt Lake Cit
survey, and running thence north ten q
rods: thence west thirty-five (35) fee
thence south ten QO rods; thence ca
thfrty-five 1851 feet to the place of begil
ming Also, that certain lease execute
by Samuel F. Atwood and wife of Kama
Summit county, Utah, leasing the abo,
described property to the parties of Il
2 first part, which said lease is recorded
, book ''V'' OF Liens. Leases, ETC., pag
2OS to 211, Records of the county record
of Salt Lake county.
That upon said sale the said trustee W
make a deed to the premises and proper
l so vested in him, and the proceeds fro
which said sale will be used as in sa
deed recited. THOMAS P. LEWIS,
Sheriff of Salt Lake County
Nov. %. 1898.