The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-21
TRnsrEE,s SALE

WHEREAS, ON THE 9TH DAY OF
May, 1855, Joshua Midgley. John G. Midg-
ley and Eliza Midgley, his wife, and Da-
yld A Midgley and Sarah Midgley,. his
wife, made, executed and delivered to
James L. Little the premises and prop
erty hereinafter described, in trust. new
of certain note for $40, 500 heretofore
given by said Joshua Midgley. John G..
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 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
clear OF 1ncumbrances 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
erty should be kept free from all liens
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
shall remain inNfull force. And it further
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
Sher1n 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 Thereon at public vendue. TO the
hlgheSt 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 or said sale and the property to be
sold, by advertising in some newspaper
printed in the English language and pub
hShed in Salt Lake City; and that on such
sale, the party of the second part, or mis-
successor as aforesaid, shah execute and
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 in
all courts of law or equity and be full and
sufhclent proof thereof: that out of the
| proceeds of such sale the trustee should
| pay the expenses of said trust. including
SzOoOO 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 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
| s2,5O0.00 of principal and $2.S122 20 interest,
/ leaving still due on said note SS,299.90 at
I this date.
That said James T. Little died on or
| about the 18th day of February, 1858. in
/ Salt Lake City, Utah and the undersigned
! is the sheriff of Salt Lake county. and
will make the sale in 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
cessor to James T. Little in the trust
aforesaid will OIL tine 22d day of Deem
/ ber 1898, at the banking room of the Des-
/ eret Savings bank, situated on the north
! east corner of the streets at the junction
1 OF East Temple and First South streets
( 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-
| lows, towtt:
a part of lot four "a. block forty-seven
! 90, plat b Salt Lake City survey,
! commencing at point seven and one
| half C71s) rods south from the northwest
corner of said lot four a., in block forty
seven 40, plat b" Salt Lake City sur
vey; thence south two and one-half (21s)
| rods; thence east ten (10) rods; thence
north two and one-half (219 rods; thence
ming. Also, that certain three-story and
basement, rock and brick, composition
roof, building. situated upon that certain
piece or parcel 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 a point five (O rods west from the
southeast corner of lot two %. block
seventy-one CD. plat "a - Salt Lake City
surrey, and running thence north ten Q6)
rods; thence west thirty-five (S5) feet;
thence south ten dO) rods: thence east
thirty-five (30 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
described property TO the parties of the
first part, which said lease is recorded in
book W of Liens Leases etc, pages
20S to III Records of the county recorder
of Salt Lake county
That upon said sale the said trustee will
make a deed to the premises and property
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. %, 1898