Provo Daily Enquirer | 1894-12-03 | Page 3 | Trustee's Sale

SALE whereas charles W smith and isabella yi eiith ith his wife both of the county and territory of utah did by their carta n deed of trust dated octo oer 4 and recorded october 8 in book 15 of mortgages pae 68 in the office of the recorder of utah county co vey to the undersigner undersigned under signed as trustee the hollowing lol lowing described real estate situate in utah county Ut ahTer to wit commencing BIX 6 adf esat of tiie borcer 0 block twenty five 25 plat B provo city survey of building lots thence north twelve 12 rods thence east three 3 rods thence south twelve 12 roda thence west three 3 rodg to place of beginning area thirty six 35 t quare rode in t apt however to secure the payment of their certain promissory noe in tha sum of hundred dollars payable to the order of the butali county savings bink ane party of ohp third part ia aad deed of trust wih interest thereca at tb rate ot one cent per month from the data thereof terl i and said deed of trust pro vides that in case default be made in the payment ot said note or any part thereof or of any interest that may ac cure thereon then paid deed shall remain in force an 1 the said party of the part may proceed to beell aard described property or any parti thereof at bublic to the h chest bidder for cash either of the parties to said deed beine at liberty to become the purchaser at anch at the bank ing hou e of said utah county savings bank in provo city utah first giving twenty days public notice of the time terms and place of aard sale and the property to be sold by advertise anent in some newspaper in provo city printed in the english language and published in said provo city and upon each sale the said party of the second part ahall execute and deliver a deeder deeds in lee Fina olp of the property eold to the purchaser 01 purchasers thereof aad out of the proceeds of sale arst pay the expenses of eaid trust reasonable attorney and counsel fee and compensation to said trustee for his services second pay the amount pud by the sail party of the third part ita eucce or ais gleea for taxes insurance or mechanic ch anic liens under the conven ants in said deed of trust with one per cent per month interest thereon from ahe date of pigment thereof the amount remaining un baid on eaid note above for principal and interest up to tho day of eale furrh in the event of there boing thereafter a surplus of such proceeds then pay euch karplus to the parties of the farat part their perec nal representatives or assigns fifth in case of a deficiency of euch proceeds state an account brodil tha amount paid on said note and certify the amount of such deficiency and aid bots nots is past due and re mains wholly unpaid to cether with interest thereon as in said note provided since july 23 1894 amounting in all to the sum ot 80 and roae the said county bank for a valuable consideration acs sold assigns ed and transferred tha said note together with said deed of trust with all ita abt title and interest ii and to the same to joseph D jones who ia now the downor and colaer of daiil note and interest and whereas the sa d josepa D jones han paid tax claims against the said real estate amounting amoun tini to 18 05 which t ne esary for him to pay for the of the liu of the said deal rif anit end bv the terms ol 01 which deed he is entitled to a liei against ana eaid real estate and which amount or adv part thereof has not been paid by the parties af aba first pirt and the holder of said note has requested the trustee to sell paid real estate according to ane terms and conditions contained in said deed of trust now therefore public notice is hereby given that the trustee by virtue of the power in him vested by the abid deed of trust and at the request of the owner and holder of eaid note and in accordance with the provisions of paid deed of trust will sail the above described real estate at public to the bidder for cabo at the banking house of toe utah county savings bank in provo city rutih on saturday december irth at 12 noon of eaid day for the purpose of the expense of eaid trust including a reasonable coni per Bation to ahe tristea and for attorneys fees and said principal and interest including taxes and fu ly carrying out the in eaid deed of contained dated nav J 0 trustee Tru atee attorney TRUSTEES SALE WHEREAS isaac H mcewan and M iby E mcewan hia and r mcewan and irinda N drewan ais wife all of the county and territory of utah did by their certain deed of trust dated 24 1891 and recorded september 26 in LOOK 8 paje in the office of the recorder of utah county and territory of utah convey to will am ri dle as trustee the K described real estate situated iu daiil ulah county aal territory of utah to part of lot two 2 in block sixty eight plat A provo cita eurvee and as com twenty 20 feet east of the south west corner of said lot two 2 in said black cuming east eiga teen 18 feet thence north seven 7 rods ne west en 18 feet and thence south seven 7 cods to place of beginning which eaid con meyance was made in to secure to he order of the lombard investment the payment by the said IBs ac H mcewan mary E kiewan jos ab T duewan aal irinda N mcewan one certain real estate first coupon ani for tbt al emu of seventeen hundred dollars bearing ev n date with eaid deed of rubt ai d due and payable on the first day of r ind bearin in teresi from the date thereof at the rate ot ax i er atut per annum interest t av a e annually on abe airet days af aril and october of each year aa evide ced by in eret coupon notes attached to real E irate first mortgage canpon bond and of even date and UR aa said deed of trust pro idea i hat in case default be made in he pa mt rt 0 said nute or any part hereof or the interest thereon according to the tenar a d effect note r in ill any of the ov r agreements contained in sai trust ded upon the application of said leal holdar t e trudley benall bell ud i all abe above descried property at auction in the man ner in aard ideel of truit described ref bence to which la hereby malo for aleater certainty for the purpose of paine said note mil all interest due theron ther on aad all amounts for the iu urence or re insurance of said to golber with the coeta and charged and of executing this trust after laving given thirty days notice by publication ot the time terms and place of sal as provided in said deed of trust and said deed of trust provides that said farat parties insure the building on eaid premises at their in curable to abe order of said trustee or the legal holder ot said note when requested and in the event of the failure fai ure neglect or refusal of abid first parties to inure in ure said or rein sure the same before noon ot the day adv policy shall the second barty may said insurance paying the cost thereof and the same be come a lien under said trust deed on said premiers pre aud draw interest at 12 per cent from the time of payment ad A d Wf lEBEis default has been made in the payment of the eaid promissory note which became due october ast 1st 1891 and the last installment of inter est due thereon from the first day of april 18 4 to the maturity ot said note amounting to the euna of and default has also been made by aard first pa ties in the on said premises after kodl ance was OB october let 1894 re by the bezal bolder of said note and said deed and the sum of 31 00 paid aa premium thereon ana said defaults still continue and said deed of trusi provides that in case of abe death resignation or removal aiom the territory of utah of the second party or bin or fail ure or inability to act th n the then acting of said county of utah hall thereupon be ome bis successor in trust with all abe powers dubies and obligations thereof and sad william H de by hia in writ inda ed november ah refuses to act which eaid refusal was recorded in the office of the recorder of utah county utah november 10 1691 and the ath day the said lombard investment company by its in writing sold as eissed transferred ral set over to capy martin bankers said beal estate i arst coupon bond to geter v th s d n and all 1 a alt tit c n inc t n airl 10 the earne which ra d was on the ath day of november duly re crded in abe offida of the county of utah county in bok no SO of mortgagee etc on ano are the legal owners and holders thereof now therefore notice is hereby that I 1 john A brown the prea benl enl acang sheriff of eaid utah county and in trust aforesaid at tha request of the art sent jal holder and owner of ead nde acal arnst deed martin bankers and under and by virtue of abe power and authors ity in me averted by the terms of said deed will on the alth day of de comber 1894 at the hour of 10 a m in abe forenoon of aid day bell all of the above described real estate and all of abe right title and interest ol 01 isaac H mcewan and mary E enan en an his wife and joseph T mcewan and irinda N mcewan his wife theia beira and assigns at auction at the front door of the bourl boune in abe county of utah and territory of utah for the purpose of paying end principal note all interest due thereon and aard amount paid for re insurance and all coats and of executing this arnet dated this day of november 1894 A sheriff successor in trust B attorney BALE whereas the prove theatre company a corporation of utah county utah executed and delivered its lain trust deed bearing date the first day of march A D 1892 to james H bacon trustee to secure the payment to john J judson of nine thousand dollars and interest thereon according to the tenor and effect ct a certain note bearing ean date with said trust deed for said amount and on tue day of march A D 1894 with interest thereon at the rata of tea per cent per annum said interest being payable quarterly which said trust deed was recorded in the recorders office of the county of utah and territory of utah in book 17 of trust deeds on page 51 etc of the records of said office and given upon the following described premises situate in said utah county to wit begin at the north west corner of lot three 3 in block six ty seven 67 plat A provo ty eur apy run thence east one hundred and twenty six feet thence south seventy three 73 feet thence west one hundred and twenty six feet thence north seventy three 73 feet to the place of beginning and whereas it is provided in eaid trust deed among other things that incase default be made in the payment of said note that then eaid trustee shall sell and dispose of said premises prem ices or any part thereof and all the right title benefit and equity of redemption of the said company their heirs and assigns therein either in mass or in separate parcels as the bolder of said cote may prefer at auction at the front door of the court house in said county of utan for the highest and beet price the same will briny in cash after giving thirty days previous notice of such sale by publication in any newspaper at such time published in said county of utah and to make execute acknowledge and deliver to the purchaser or purchasers at such sale good and sufficient deed or deeds of conveyance for the premises sold and whereas company made default in the payment of said note ana of part cf the interest thereon and whereas the legal owner and holder of eaid note has requested said trustee tiu stee or his successor in trust to and beell said premise in pursuance ot the power and authority in him veatar in and by said trust deed and now therefore public notice is hereby given that I 1 james H bacon trustee as aforesaid will on monday the alst dav of december Dec emDer A D at eleven a m of eaid day at the front north door of the county court house of utah county in provo city in eaid county sell all the right title benefit and equity of redemption ol 01 said company its heirs and assigns therein or thereto forever for and beat price the bame will bring in cash and will make execute acknowledge and deliver to the purchaser or purchasers at said eale good and sufficient deed or deeds of convey ance for the sold dated day of november AD 1894 H BACON trustee as aforesaid J attorney