The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-14
TRUSTEES SALE.

WHEREAS, ON THE 9Th DAY OF
May, 1895, Joshua Midgley, John G.. Midg-
ley aud Eliza Midsley, 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 sl0,S00 heretofore
given by said Joshua Midgley, John. G;
deed among others conveyed to said trus-
tee IN trust the premises and property
hereinafter described; and
whereas, Among other things It is coy
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 incumbrances and liens; that
said graDtors, 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
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 in full force And it further
provides that in case the party of the
second part, James T. 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
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
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-
chasers thereof Ga Tecitakwherein 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
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 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
81, 10000 Of principal and S2,S12.20 interest,
leaving still due on said note SS299.00 at
this date.
That said James T. Little died on or
about the 2Sth day of February, 1885, 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 Desi
note;
Now, therefore, notice is hereby given
that the undersigned, Thomas 2. Lewis,
| cessor to James T. Little in the trust
aforesaid. will OIL the 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
of East Temple and First South streets
| Salt Lake City, at the hour of twelve
! o'clock noon, at that day offer for sale
| and sell to the highest bidder the property
above referred to and described as fol
| lows, to-wit:
4 part of lot four a.. block forty-sever
! (4D. plat b Salt Lake City survey
! half (T1a) 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-ha1f az
rods; thence east ten Qo) rods: thence
north two and one-half (21bl rods; thence
west ten Q0) rods to the place of begin
ming. Also, that certain three-story ant
basement, rock and brick, composition
roof, building situated upon that certain
piece or parcel of land. situate, lying ant
being in the city of Salt Lake, county o
Salt Lake, state of Utah, bounded ant
described as follows, to-wit: Commencing
at point five CO.. rods west from tn
southeast corner of lot. two ~, blocl
seventy-one I'D, plat "A Salt Lake Cit,
Survey, and running thence north ten C6
rods; thence west thirty-five (S5) feet
thence south ten qO) rods; thence cas-
thirty-ffve (35) feet to the place of begin
ming. Also that certain lease executes
by Samuel F: Atwood and wife wife Of Kamas
described property to the parties of tn
first part, which said lease is recorded il
book "V'' of Liens, Leases, etc., page
2O9 to 211, Records of the county recorde
of Salt Lake county.
That upon said sale the said trustee vii
make a deed to the premises and propert
so vested in him, and the proceeds fror
which said sale will be used as in sal
deed recited. THOMAS P. LEWIS,
Sheriff of Salt Lake County.
i Nov 90 1908