The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-08
rR.HsTEE,s SALE.

I6OGIEG'S SALE.
WHEREAS, ON. THE 9Th DAY OF
ley and Eliza Midgley, his wife, and Da-
vid A-s9Midgley 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 a certain note for S10,S00 heretofore
Midgley and David A. Midgley. Said
deed among others conveyed to said trus-
tee IN trust the premises and property
he 4Wa described; and
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 membranes and liens; that
said graptors, 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
and membranes of every nature and
kind; and in default of the payment of
Sald 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
snail remain in full force. And it further
provides that in case the party of the
second part, James L. 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
Hshed in Salt Lake City; and that on such
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 Ca 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
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
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,
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, $4,000 of principal and $2,S12 20 interest,
leaving still due on said note SS,299.00 at
this date
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 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 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
o'clock noon, al that day offer for sale
and sell to the highest bidder the property
above referred to and described as fol-
| lows, to-w!t:
part of lot four a., block forty-seven
| commencing at point seven and one
half (712) rods south from the northwest
corner of said lot four "a, in block forty
seven (4D plat B Salt Lake city sur
vey; thence south two and one-half (215)
, rods; thence east ten (1O) rods thence
north two and one-half (212) rods; thence
west ten QO) 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 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 60 rods west from the
southeast corner of lot two %, block
! seventy-one CD, plat "A" Salt Lake City
rods; thence west thirty-five (35) feet;
thence south ten qO) rods; thence east
thirty-five $3.50 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 ''V'' of Liens, Leases, ETC., pages
| 20S to I'll, 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 said
/ deed recited. THOMAS P. LEWIS,
Sheriff of Salt Lake County
Nov %, 1898.