The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-16
TRUSTEES SALE.

IhOSIEES SALE.
WHEREAS. ON THE 9TH DAY OF
May, 1855, Joshua Midgley, John G. Alidg-
ley and Eliza -Midgley, his wife. and Da-
Viz A. Midgley and Sarah Midgley, his
WlIe, made, executed and delivered to
James T.. Little the premises and prop
cry hereinafter described, in trust, new
ertneless, to secure the prompt payment
OF a certain note for $1GS00 Heretofore
glVen by said Joshua Nlidgley, John G.
A9ldgley and David A. Midgley. Said
oeed among others conveyed to said trus-
zee IN trust tie premises and property
iSFFe e,I described; and
whereas, Among other things it is COW
ehanted in said deed of trust that said
partles OF the first part are well seized of
sSld premises and that they are free and
cledr OF membranes and liens; that
salq graptors, the makers of said note
would pay said note according to its tenor
anu eIecti that said premises and prop
cry should be kept free from all liens
a5nu lncumbrances 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
nl.5, ielia an IN 1ull force And 1t further
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
70 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
panklnS house of said Deseret Savings
Dank, the same being situated on the
northeast corner at the junction of East
Iemple 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
so!o, by advertising in some newspaper
r1feal grar
l1shed in Salt Lake City; and that on such
sale, the party of the second part, or his
successor as aforesaid. shall execute and
deliver deed or deeds in fee simple of
the property sold to the purchaser or pur-
cnaserS thereof Ga 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 in
all courts of law or equity and be full and
Sufhcient proof thereof; that out of the
proceeds of such sale the trustee should
pay o 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, insur1
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 note
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
$2,50000 of principal and 81, S12 20 interest,
leaving still due on said note IS, 299. 90 at
this date.
That said James 7. 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,
sheriff of Salt Lake county, Utah, sue
cessor to James T. Little in the trust
aforesaid will Oil the 22d day of Deem
Der, 1898, at the banking room of the Des-
eret Savings bank, situated on the north
east corner of the streets at the junction
of East Temple and First South streets.
Salt Lake City, at the hour of twelve
and sell to the highest bidder the property
above referred to and described as fol-
lows, to-wtt:
QD, plat b Salt Lake City survey.
commencing at point seven and one
half 90 rods south from the northwest
corner Of said lot four q, in block forty
vey; thence south two and one-half (215)
rods; thence east ten (10) rods; thence
north two and one-half (21D rods; thence
west ten Q0) rods to the place of begin
ming. Also, that certain three-story and
basement, rock and brick, composition
roof, building. situated upon that certain
piece or parce! of land, situate, lying and
being in the city of Salt Lake, county of
Salt Lake, state of Utah, bounded and
described as follows, to-wit: Commencing
at point five 90 rods west from the
southeast corner of lot two u. block
seventy-one G7D, plat "a Salt Lake City
survey, and running thence north ten Q0)
rods; thence west thirty--fve. (35) feet;
thence south ten q0) rods; thence east
thirty-five 800 feet to the place of begin
ming. Also that certain lease executed
Summit county, Utah, leasing the above
described property to. the parties of the
first part. which said lease is recorded in
book ''V'' of Liens, Leases, ETC., pages
20S 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 propertv
so vested in him, and the proceeds from
which said sale will be used as in said
deed recited. THOMAS p. LEWIS,
Sheriff of Salt Lake County.
Nov 90, 1898.