The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-02
TRUSTEES SALE.

w WHEREAS, ON The yIH DAY Or
May, 1895, Joshua Midgley John G. Midg-
ley and Eliza Midgley, his wife, and Da-
vd A. Midgley and Sarah Midgley, his
wife, made, executed and delivered to
erty hereinafter described, in trust, new
ertheless, to secure the prompt payment
of a certain note for sl0,SO0 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 incumbrances and liens; that
said grantors,. 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
epantS 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
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 a 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
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, instr
ance, mechanics liens under the coven-
ants of said deed, together with one per
cent per month interest thereon from date
20 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
$2,500.00 Of principal and $2,S12.20 interest,
leaving, still due on said note SS,299O0 at
this date.
That said James t. Little died on or
about the 2Sth day of February. 1898. in
Salt Lake City, Utah and the undersigned
ic ha CHI of Go1 oil
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
aforesaid, viii on the 22d day of Deem
Der, 1888, 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-
A part of lot four "a. block forty-seven
(4O, plat b. Salt Lake City survey,
commencing at a point seven and one
half G1sl rods south from the northwest
corner of said lot four az, in block forty
seven (47), plat 3D." Salt Lake City sur
vey; thence south two and one-half t21s)
rOGS,4 thence east ten (lUJ 1OdS; thence
north two and one-half (21s) 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 parcel of land, situate, lying and
being in the city of Salt Lake, county of
Salt Lake state of Utah,s bounded and
described as follows; to-wit: Commencing
at a point five % rods west from the e
seventy-one CID, plat. !" Salt Lake City
survey, and running thence north ten q0)
rods; thence west thirty-five (S5 feet
thence south ten qO rods; thence east
thirty five $50 feet to the place of begin
ming Also that certain lease executed
by Samuel F. Atwood and wife Of Kamas,
described property to the parties of the
| first part, which said lease is recorded in
book ''V'' of Liens, Leases, ETC.. pages
2OS 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 win be used as in said
| deed recited THOMAS P. LEWIS,
| Sheriff of Salt Lake County.
| Nov. 20, 1898.