OCR Text |
Show NOTICE OF TRUSTEE'S SALE; Whereas, Dennis Sullivan and Margaret Miliivan, his wife, on the 25th day of April 18w3, made, executed and delivered to the Middlesex Banking Bank-ing company, a corporation organized and existing under and by virtue of tne laws of Connecticut and doing business bus-iness in Utah county, Utah territory, their certain promissory note in writing writ-ing of that date for the principal sum of $1,600. due and payable on the first day of May, A. D. 1898 with interest thereon at the rate of six per cent, per annum from the date thereof until maturity, payable semi-annually as follows : Forty-nine and bO-100 dollars payable on the first day of Xovembei 1893 and forty-eight dollars on the first day of each succeeding May and No veinber thereafter, the principal of said note, after maturity, and all interest not paid when due to bear interest at the rate of twelve per cent, per annum from the time due till paid, the princi pal and interest being payaoie at the office of said, The Middlesex Banking company, in Middletown, Connecticut Also a certain other promissory note foi- the sum of $321.05 of even date with said principal note payable in installments install-ments as follows: Thirty-tnree and 05-luO dollars on November first 1893, and thirty-two dollars on the first day of each succeediug May and .Novem Oer iberealter, until the lull sum ol $32'. 05 has been tullv paid, the last installment in-stallment being due on the first day ol i May 1898, each installment bearing interest at the rate of twelve per cent per annum after maturity uutil paid, and bota of said notes being payable at ihe office of said, The Middlesex Banking Bank-ing company, at Middletown, Connecticut. Connect-icut. And Whereas, It is provided in said notes, that if default should be made in the payment of anyone of the installments in-stallments of interest or principal as above set forth, then the said principal prin-cipal sums, wit l all triearages of inter est, fehuuid at the election of the holder thereof become at once due ond payable, paya-ble, such election to be made at any lime alter detauit, an 1 without notice, i That to eecuie the payment to said, The Midulest-x Banking company, ut said notes and interest as specified ihtreiu, the said Dennis Sullivan anu Margaret Sullivan, his wPe, on eaic 15th day of Apr. I A. O. 18W3 made, ax eculed nd deli re red to William H.. Dale, trustee for said, Tha Middlesex Banking company a certain Deed of Trust, conveying to him in trust for said company the following described real estate, situated in Utah county, Utah territory, to-wit: The soutneasi quarter (i) of section twelve (12), townsnip eight (8) south of range one (1) east, Sat Lake meridian, together with all the rights of the use of the water for irrigating said premises, prem-ises, and for uomestic use theteon to which the parties of the first part in said Deed ol .Trust or the premises therehjr conveyed are now or may heiecfter become entitled, en-titled, or which now are or may hereafter here-after be used on eaid premises, how ever, the same may be evidenced, anl together with all shares of stock or shares fof water, in any ditch or irrigation company, whicu in any manner man-ner entitle tiie Said parties of tne first part to water for irrigation or domestic do-mestic purposes udou said premises, which said Deed of Trust was afterwards after-wards duly tiled for record in the office ef the County Recorder of Utah County, j Ulan Territory , on tne Fourth day of M.ji.- 1UOQ otH tliuraftor Hiilo TorrtrAori in Book "17" of Mortgages at page 537 ot said records in said county. W iiekeas, It is proyided in said Trust Deed that in case ot deiault on the pay merit of said notes or any part there-oi, there-oi, or the interest thereon according to the terms thereof, or iu cse ot tiie bre iCh of any of the agreements or covenants therein mentioned, and Wiieheas, it is further provided in said Trust Deed, that in case of default de-fault in the payment of any one of the installments of principal or interest oi said notes or in case the first pari let; therein Should fail to preserve, protect and prefect all water rights thereby-conveyed thereby-conveyed or to pay before the same shall bee. tne delinquent, all taxes or assessments that may become chargeable charge-able within the said territory of Utah, against eaid premises or any part there of, and to pay when due all assessments assess-ments on the ditch or water rights or shares of stock thereby or otherwise convt yed to secure the said notes, and in case of failure so to pay such sum or sumo tr so to nay said taxes or assessments, assess-ments, the said Trustee or his succes sirs may pay such taxes or ase sments and thi sum or sums of mouey which mav be paid by said Trustee in any case specified with interest from time of such payment at twelve per cent, per annum 6hall be immediately due and payable, and etiall become so much additional indebtedness secured by said Trust Deed; that then and in either or any such cases the whole sum of said promissory notes thereby secured and interest thereon as agreed, shall at the option of the legal holder of Baid notes, or any one of them, become immediately immedi-ately due and payable without notice and such holder mav proceed to collect the same under said Trust Deed or other wise as they may elect, or in any case as above provided, the said trustee s authorized and empowered to enter upon, pe?sess,hold and enjoy the above premises, and either with or without such entry, to sell and dispose of the said premises, and all water or irrigation irriga-tion rights aforesaid, or shares of stock in any ditch or irrigation company ,and all the right, title and benefit and equity of redemption of the first parties therein at public auction, at the front door of the county courthouse where the said premises are situated, or on eaid premises or any part thereof, as may be specified in the notice of such sale, for the highest and best price the same will bring in cash, at least four weeks notice having been given of such sale bv advertisement, uublished once a week in any daily or weekly news paper at that tia e published the county in which said premises, or any part thereof, are situated,and to make, execute and deliver to the purchaser or purchasers, at such sa'e, good and suf ticient deed or deeds of conveyance far the premises sold, and out of the pro ceeds of tucti sale shall pav : First, all charges and expenses of executing this trust. Second, the debt and all other sums of monev due or to become due tnereunder, with interest, including a commission of five per cent, to the trustee for his services and his costs and expenses and the additional sum ot five per cent, on sucli debt as attorney's attor-ney's fees,and third, to render the overplus over-plus (if any) unto the first parties therein, on reasonable request. And W hereas, Default has bsen made in payment ot the interest on said princi pal note due on the first day of N'oveni ber, A. D. 1893, . amounting to the sum of forty nine and t?0 100 dollars, also the sum which became due on the first day of May 1894. amounting to the sum of forty eight dollars, also the sum on said installment note amounting to thirty-tnree and 05 100 dollars which be-cime be-cime due on the first day of iSovember I A. D. 1893; also tne sum due or said in ataliment note, amounting to thirty two dollars which became due on the first day of May 1694 and interest due and accrued thereon since said dates at the rate of twelve per cent, per annum, and default has also been made m thfl navment of taxes. Hssespp.il Kiiri levied upon said property described in said Trust Deed amounting to the sum of $15.80, which said The Middlesex Banking Company, tne owner and noider of said notes, was obliged to pay and did pay on the 12th day of J tnuary A. D. 1894. And Whereas, default has been made in the payment of the assessment levied on eptfcmoer 19th 1893 upon eighty shares ot water stock in the Lake Shore Irrigation company, certificate 2o. 25, amounting to the sum ot $13.50, which said sum ins Middlesex Banking Company Com-pany was obliged to and did pay on the 28th day of December 1893, and which taid water stock was part of the se cuiity conveyed to said trustee in said Deed of Trust. And Whereas, the said The Middlesex Banking Company, the owner and noider of said notes, has elected and does elect to exercise the option given it in said notes to- declare the whole principal note and installment note due and payable, by reason of said deiault de-iault in the payment of said interest and installments which be '.am, due and payable on the first day of Noveoi-oer Noveoi-oer 18a3 and the first day of May 1894, respectively, and by reason of the nn payment of the taxes as above set forth and also by reason of the non-pay tneui of tue water assessments levieu upon said water stock as above set forth, w hereby the conditions of said trust Dave b en broken, and said The Middlesex Middle-sex Banking Company has made written application to tne undersigued as iiustee iu said Deed of Trust to advertise adver-tise and sell said property, described in said Deed of 1'iusi, in accordance with the terms and provisions in said Deed of Trust contained, and out ui Me proceeds of such sale first, to pay ail charges and expenses of iXecuting said trust; second the debt and ah inner sums of in mey due or to become ue thereunder, with interest, and tnird, to render the over-plus (if any) unto the first parties in said Deed oi Trust, their legal representatives or assigns. Now Ihekefoke, public notice is aeieby gweu that on Tuesday the 12th i.iy ol June 1894 at 12 o'clock noon oi id day at the front door of the county amrthouse in Utah county, Utah tern uiy, 1. William H. Dale, as t ustet named in said Trust Deed. wi:l sell I uaid above described land, and in tmid : Deed of Trust described, icgoUier v i.l all the right, title, interest lud equity of redemption ot toe sa d Djenuis Sul livan and Margaret Sullivan; his wife, their heirs and assigns therein, together to-gether with said water right as abovt set forth to the highest and best bidde. for cash in hand, ior the purpose o paying off said notes and the amoun expended in the payment of taxes and water assessment, together with the costs and expenses ot execut n thu-trust, thu-trust, including attorney's fees, am trustees.fees and all other expenses for carrying out the provisions of saiu Trust Deed. Terms of sale cash. Dated this 12th day of May 1894. William H, Dale, Trustee. Cliaa. W. Boyd, attorney for trustee |