The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-05
TRUSTEES SALE.


WHEREAS. ON THE sTH DAY OF
May, 1895 Joshua Midgley, John G. Midg-
ley and Eliza Midgley, his wife, and Da-
vla A. Midgley and Sarah Midgley,, his
MlIe, 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 $10.S00 heretofore
given by said Joshua NIidgley John G..
Midgiey and David a. Midgley. Said
deed among others conveyed to said trus-
tee III 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
clear of membranes and liens: that
SAID grantors, 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
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
deputies then acting, may, as successor
Of the party of the second part, proceed
to sell the said described propertv or any
part thereof at public Yendue 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 deed or deeds in fee simple of
the property sold to the purchaser or pur-
chaSerS 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
suh1cient proof thereof: that out of the
proceeds of such sale the trustee should
pay the eXr anses 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-
| arce, 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
| $4,000 of principal and 81. S12 20 interest,
leaving still due on said note $S,299.OO at
| this date.
That said James Il. 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 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,
sheriff of Salt Lake county, Utah, sue
! cessor TO James T. Little in the trust
aforesaid. will Oil the ed day of Deem
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 neon, at that day offer for sale
and sell to the highest bidder the property
above referred to and described as fol-
| lows, to-w!t:
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 90, plat 'B," Salt Lake City sur
vey; thence south two and ole-half (21a)
rods; thence east ten 00 rods; thence
west ten 90 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 ana
described as follows, to-wit Commencing
at a point five (0 rods west from the
southeast corner of lot. two %. block
I seventy-one CD, plat A Salt Lake City
survey, and running thence north ten d0
rods; thence west thfrty-five (35) feet;
thence south ten Q0) rods: thence east
thirty-ive (35) feet to the place of begin
ming Also, that certain lease executed
by Samuel F. Atwood and wife on Kamas.
Summit county, Utah, leasing the above
described property to the parties of the
first part. which said lease is recorded in
book ~ of Liens. Leases. etc, pages
EOS to 211, 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. 20, 1898.