The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-22
TRUSTEES SALE.

WHEREAS, ON THE 9Th DAY OF
May, 1895. Joshua Midgley, John G. Midg-
vid A. Midgley and Sarah Midgley,, his
wife, made, executed and delivered to
James I. Little the premises and prop
erty hereinafter described, in trust, new
OF a certain note for $10,SO0 heretofore
given by said Joshua Midgley, John q:
Mldgley 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 SAD
parties of the first part are well seized of
said premises and that they are free and
clear of membranes 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
and membranes of every nature and
klnd; and IN default of the payment or
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-
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
lished in Salt Lake City; and that on such
sale. the party of the second part, or MS
successor as aforesaid, shall execute and
deliver a deed or deeds in fee simple of
cl1e 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
sunlcient 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, insur1
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
! $4,000 of principal and 2Sl2.20 interest,
leaving still due on said note SS,299OO at
That said James T. Little died on OF
| about the 2Sth day of February, 1888, in
Salt Lake City, Utah. and the undersigned
I is the sheriff of Salt Lake county. and
! viii 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 giver
| that the undersigned Thomas P. Lewis
! sheriff of Salt Lake county, Utah, sue
/ cessor TO James Il. Little in the trust
! aforesaid. will OH the 22d day of Deem
! Der. 1885 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 neon, at that day offer for salt
and sell to the highest bidder the property
above referred to and described as fol
lows. to-wit:
40, plat b" Salt Lake City survey
commencing at a point seven and one
half CD rods south from the northwes
! corner OF said lot four %, in block forty
! Vey; thence south two and one-half ~.
rods; thence east ten (10) rods; thence
north TWO ana One-nalr ca rods; thenci
/ west ten (10) rods to the place of begin
ming Also, that certain three-story ant
4 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 an,
described as follows, to-wit: Commencing
I at a point five 90 rods west from tn
southeast corner of lot two l2), blocl
seventy-one CD, plat "a Salt Lake Cit,
J surrey. and running thence north ten 90
rods: thence west thirty-five (35) feet
( thence south ten Q0) rods; thence eas
I thirty-five (35) feet to the place of begin
ming Also. that certain lease executes
by Samuel r. Atwood and wife of Kamas
Summit county. Utah, leasing. the aboy
first part, which said lease is recorded i
book W of Liens, Leases, etc, page
2eS to 2i1. Records of the county recorde
of Salt Lake county.
That upon said sale the said trustee wi
make 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.
Nov %. 1898.