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Show j NOTICE OF TRUSTEE'S SALE. I WriKKEAs, Dennis Sullivan and v plargaret Sullivan, his wife, on the I f5th day of April 1S93, made, executed I and delivered to the Middlesex Bank- f' I ing company, a corporation organized J and existing under and by virtue of toe laws ot Connecticut and doing buslines, bus-lines, in Utah county, Utah territory, I their certain proiniesory note in writ- 1 in? of that date for the principal Bum of $1,0(10. due and pa able on the first day of May, A. D. 1SUS with interest thereon -it the rate of Bix per cent, per annum from the date thereof until ' maturity, payable semi-annually as follows: Forty-nine and 00-100 dollars 1 paj able on the first day of -November j isy3 and forty-eight dollars on the first i day of each succeeding May and No vember thereafter, the principal oisaid 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 payable at the ; office of said, The Middlesex Banking company, in Middletown, Ccnnecticut. Also a certain other promissory note I : for the sum of $321.05 of even date with eaid principal note payable in lnetall-I lnetall-I ments as follows: Thirty-three and ; 05- (JO dollars on November lirst 1S93, U- n( thirty-two dollars on the first day of each succeeding May and Xovem ber thereafter, until the lull Bum of $31.0-3 has been fullv paid, the last installment in-stallment being due on the first day of May 1S9S, ;each installment bearing I interest at the rate of twelve percent. per annum after maturity until paid, I and both of eaid notes being payable at s J the office of said, The Middlesex Bank- ing company, at Middletown, Connect- i icut. And ! Whereas, It is provided in enid notes, that if default should be made in the payment of any one of the in-i in-i stallmentsof interest or principal as 1 above set forth, then the said prin- I cipal sums, witli all arrearages of inter- I est, 6hould at the election of the holder thereof become at once due ond paya- f ble, such election to be made at any lime after defau.t, an 1 without notice, j That to secure the payment to eaid, The Middlesex Banking company, of j said notes and interest as specified therein, the eaid Dennis Sullivan and Margaret Sullivan, his wire, on eaid !5.h day of April A, D. J893 made, executed ex-ecuted and delivered to William II. Dale, trustee for said. The Middlesex Banking company a certain Deed of Trust, conveying to him in trust for eaid company the following described real estate, situated in Utah county, Utah territory, to-wit: The southeast quarter (i) of section i twelve (12), township eight (8) south of range one (!) east. Sat Laue meridian, together with all the rights of the use of he water for irrigating said premises, prem-ises, and for domestic uce thereon to which the parties of ne first part in f-ld Deed of JTfugt or lhe ! i '.,-v f ' "" mum urn in i iniiiiin ,mm nmm m... MM,- premises thereby conveyed are now or may hereafter become en titited. or which now are or may hereafter here-after be used on eaid premises, how ever, the same may be evidenced, and together with all shares of stock or shares of water, in any ditch or irriga'ion company, which in any manner man-ner entitle the said parties of the first part to water for irrigation or domestic do-mestic purposes unon said premises, which said Deed of Trust was afterwards after-wards duly filed for record in the office of the County Recorder of Utah County. Utah Territorj , on .the Fourth day of May 1S93 and thereafter duly recorded in Book "17" of Mortgages at page 537 of said records in said county. WnEBEAS, It is proyided in said Trust Deed that in case ot default on the payment of said notes or any part thereof, there-of, or the interest thereon according to the terms thereof, or in case of the breach of any of the agreements or covenants therein mentioned, and Whereas, 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 of Eaid notes or in case the fmt parties therein should fail to preserve, protect and prefect all water rights thereby conveyed or to pay before the same shall become delinquent, all taxes or assessments that may become chargeable charge-able within the Paid territory of Utah, against said premises or any part there or, and to pay when due all assessments assess-ments on the ditch or water rights or shares of stock thereby or otherwise conveyed to secure the eaid notes, and In case of failure so to pay euch sum or eums cr so to pay said taxes or assessments, assess-ments, the said Trustee or his Bucces scrs may pay such taxes or assessments and thi 6um or sums of money which mav be paid by said Trussee in any case specified with interest from time of such payment at twelve per cent, per annum shall be immediately due and payable, and shall 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 said notes, or any one of them, become immediately immedi-ately due and payable without notice and euch holder may proceed to collect the same under said Trust Deed or otherwise as they may elect, or in any case as above provided, the saia trustee 5s authorized and empowered to enter upon, pefsess.hold and enjoy the above premises, and either with or without such entry, to eell and dispose of the eaid premises, and all water or irrigation irriga-tion rights aforesaid, or shares of stock in any ditch or irrigation comoany.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 he specified in the notice of inch. ialt , for the highest and best price the same will bring in cash, at lease four weeks notice having been given of such sale by advertisement, published once a week in any daily or weekly news I paper at that tie published in the county in which said premises, or any part thereof, are eituated,and to make, execute and deliver to the purchaser or purchasers, at such sa'e, good and sufficient suf-ficient deed or deeds of conveyance f jr the premises sold, and out of the proceeds pro-ceeds of fcuch sale shall pay: First, all charges and expenses of executing this trust. Second, the debt and all other sums of monev due oi to become due thereunder, with interest, including a commission of five per cent, to the trustee for his services and his costs and expenses and the additional sum of 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 Whereas, Default has been made in payment ot the interest on sail principal princi-pal note due on the first day of November, Novem-ber, A. D. 1893, amounting to the sum of forty nine and tiO 100 dollars, also the sum which became due on the first dav of Mav 1894. am inn tin? to r.h Bum of forty eight dollars, also the sum on said installment note amounting to thirty-three and 05-100 dollars which Decline De-cline due on the first, day of November A. D. 1893; also tne sum due or said in stallment note, amounting to thirty-tw thirty-tw o dollars which became due on trie 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 ! in the payment of taxes, assessed and levied upon said property described in said Trust Deed amounting to the sum I of $15.80, which Baid The Middlesex Banking Company, tile owner and holder of said notes, was obliged to pay and did pay on the 12th day of J inuary A. D. 1894. And Whereas, default has been made in the payment of the assessment levied on September 19th 1893 upon eighty shares of water stock in the Lake Shore Irrigation company, certificate No. 25, amounting to the sum ot $13.50. which said sum Tb9 Middlesex Banking Company Com-pany was obliged to and did pay on the 28th day of December 1893, and which said water stock was part, of the security se-curity conveyed to said trustee in said Deed of Trust. And Wheheas, the said The Middlesex Banking Company, the owner and holder 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 default de-fault in the payment of said interest and installments which be tame due and payable on the first day of November Novem-ber 1S93 and the first day of May 1894, respectively, and by reason of the nonpayment non-payment of the taxes as above set forth and also by reason of the non-payment I of the water assessments levied upon said water stock as above set forth, whereby the conditions of said trust have baen broken,and said The Middlesex Middle-sex Banking Company has made written application to the undersigned : as trustee in Baid Deed of Trustjto adver-t;se adver-t;se and Sell said property, deecribed in said Deed of Trust, in accordance with the terms and provisions in said Deed of Trust contained, and out of the proceeds of such sale first, to pay all charges and expenses of executing said trust; second the debt and all other sums of money due or to become due thereunder, with interest, and third, to render the over-plus (if any) unto the tirst parties in said Deed of Trust, their legal representatives or assigns. Now Therefore, public notice is ' hereby g'ven thaton Tuesday the 12th day or J une 1894 at 12 o'clock noon of said day at the lront door of the county courthouse in Utah county, Utah territory, terri-tory, I. William II. Dale, as trustee named in said Trust Deed, will sell said above described land, and in said Deed of Trust described, together uiih all the right, title, interest and equity of redemption ot the said Dennis Sullivan Sul-livan and Margaret Sullivan, his wife, their heirs and assigns therein, together to-gether with said water right as above set forth to the highest and best bidder for cash in hand, for the purpose of paying ofl eaid notes and the amount expended in the payment of taxes and water assessment, together with the costs and expenses of executing this trust, including attorney's fees, and trustee's fees and all other exnenses for carrying out the provisions of said Trust Deed. Terms of sale cash. Dated this 12th day of May 1894. William H, Dale, Trustee, Chas, W. Boyd, attorney for trustee. |
