The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-09
rR.usrEE,s SAFE.


WHEREAS, ON THE 9Th DAY OF
May, 1885, 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 T.. Little the premises and prop
erty hereinafter described in trust, new
ertheless, to secure the prompt payment
OF certain note for $1,000 heretofore
M1dgley 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 it is COW
enanted in said deed of trust that said
parties of the first part are well seized of
SAID premises and that they are free and
Gear of membranes and liens; that
said graDtors, the makers of said note.
would pay said note according to its tenor
and effect; that said premises and prop
ana 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 T. Little, shall de-
cine 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 and
deliver a 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
l'by the successor, of the happening of any
or either of the events making him sue
cessor in this trust. shall be evidence In
all courts of law or equity and be full and
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 his
services; second, pay the amount paid
by said party of the third part, that is,
the holder of said note, for taxes, insur-
ance, mechanics liens under the coven-
ants of said deed, together with one per
cent per month interest thereon from date
to the payment thereof: third, pay the
amount remaining unpaid on SAID HOIe
above described for principal and interest,
calculating interest up to the date of sale;
and
Whereas Said note was not paid on the
| date the same became due, nor any part
| thereof, save and except the sum of
81 10000 of principal and 81, S12.2 20 interest,
leaving still due on said note $S299.00 at
That said James T. Little died on or
about the 2Sth day of February. 1898 in
| Salt Lake City, Utah. and the undersigned
is the sheriff of Salt Lake county and
will make the sale III accordance with the
! request which has been made by the Des-
eret Savings bank, the holder of said
| note;
| Now, therefore, notice is hereby given
! that the undersigned, Thomas P. Lewis,
1 sheriff Of Salt Lake county. Utah, sue
I cessor to James I. Little in the trust
! aforesaid. will Oil the I'D day of Decem-
| Der. 1898, at the banking room of the Des-
/ eret Savings bank, situated on the north
east corner of the streets at the junction
Salt Lake City, at the hour of twelve
| o'clock neon, at that day offer for sale
and sell to the highest bidder the property
! above referred to and described as fol-
A part of lot four a.. block forty-seven
| cd, plat 81" Salt Lake City survey
commencing at a point seven and one
half G12l rods south from the northwest
corner of said lot four a., in block forty
seven (4O, plat 'B," Salt Lake City sur
vey; thence south two and one-half (215,
= TOOS. lneHc6 east ten wv TOQSs thence
north two and one-half (213l rods; thence
west ten d0) rods to the place of begin
ming. Also that certain three-story anc
basement, rock and brick, composition
roof, building situated upon that certain
piece or parcel of land, situate, lying anC
being in the city of Salt Lake, county Of
Salt Lake, state of Utah, bounded anC
described as follows, to--wit; Commencing
at point five 90 rods west from the
southeast corner of lot two e. BLOCK
seventy-one I'D, plat "A" Salt Lake city
| survey, and running thence north ten 90
rods thence west thirty-five $50 feet
thence south ten QO) rods; thence cas-
thirty-five (35) feet to the place of begin
ming Also. that certain lease executed
by Samuel F. Atwood and wife of Kamas
Summit county, Utah, leasing the above
first part, which said lease is recorded il
book "V'' of Liens, Leases, ETC., page
POS to 211, Records of the county recorder
of Salt Lake county.
That upon said sale the said trustee will
make deed to the premises and property
so vested in him, and the proceeds from
which said sale will be used as in sale
deed recited THOMAS P. LEWIS,
Sheriff of Salt Lake County.
Nov 80. 1898.