Provo Daily Enquirer | 1894-12-04 | Page 2 | Trustee's Sale

TRUSTEES SALE whereas D D hontz and edna L houtz his wife both 0 the county and territory of utah aid by their certain deed of truet dated september 25 1893 and recorded the same day in book 15 of mortgages page in the office of the recorder of utah counte utah convey to the undersigner undersigned under signed as trustee the following described real estate situate in utah county utah territory to wit commencing at the northeast corner ot block 44 plat B provo city sur vey of building lota running thence west twelve 12 rods thence couth six 6 rods thence east twelve 12 rods thence north six 6 rods to place of beginning in however to secure the pay ment of their certain promissory acte therein in the sum of three thousand dollars payable to the order of joseph D jones the party of the third part in said deed of trust with in ins s thereon at the rate of fifteen per cent per annum from the date thereof payable quarterly and whereas said deed of trust provided pr ovidea that in case default be made in the payment of said cote or any part thereof or of any inte refit that may accrue thereon then said deed shall remain in force and the said party of the second part may proceed to sell said described property or any part thereof at public to the highest bidder for cash either of the parties to said deed being at liberty to become the purchaser at such sale at the front door of the county court honse in provo cita utah first giving twenty days public notice of the time terms end place of said sale and the property to be sold bv adver ti in somo newspaper printed in the language and published in said city and upon anch sale the said party of the second part shall execute aad deliver a deed or deeds in fee simple of the property sald to the pur chaser or purchasers thereof and out of the proceeds of eaid sale first pay the expenses oi said trust including reasonable attorney and counsel tees and compensation to said trustee for his services second pay the amount gaii by the said party of the third part for taxes insurance or mechanics liens under the covenants in eaid deed of trust contained with fifteen per cent per annum interest thereon from the date of payment thereof third pay the amount remaining unpaid on eaid note above described for principal and interest up to the day of sale fourth in the event of there being surplus of euch reeds then pay eccli surplus to the parties of the first part their personal representatives or assigns fifth in case ot a deficiency of such proceeds state an account credit the amount paid on said note and certify the amount of such deficiency and whereas said note is past due and remains wholly unpaid together with interest thereon as in said note provided since september 25 ing in all to the sum of and whereas the eaid joseph D jones on june paid insurance claims amounting to 33 00 and on november 20 1894 paid tax claims amounting to which claims being against said real estate it was necessary for him to pay for the protection of the lien of the said deed of trust and by the terms ot which deed he is entitled to a lien against the said real estate and of which amounts no part has been i by the parties ot the first part and whereas the said D D houtz and edna L koutz on july 9 1892 exe buted and delivered to one A H raleigh a mortgage on the above described real estate to secure a note in the sum of 1250 00 with interest at the rate of one per seat per month payable terly which mortgage remains unsatisfied and is a lien on the real estate described in said deed of trust and prior thereto and whereas joseph D jones the hold of eaid note has requested the under signed trustee to sell eaid real estate according to the terms and conditions in said deed of trust contained now therefore public notice ie hereby giving that the undersigner undersigned under signed trustee by virture ot the power in him vested by the said deed of tru stand at the request of the owner and holder of said note and in accordance with the provisions of said deed of trust swill sell the above real estate subject to the morte aee of A H raleigh above described at public to the highest bidder for cash at the front door of the counte courthouse Cour tHoune in provo on friday december 28 at 12 noon of baid day for the purpose of paying the of said trust including a reasonable com pene alioa to the trustee and for attorneys tees the amounts paid by the party of the third part for insurance and tasea with interest thereon from the times ot payment and the said principal and interest and of fully out the conditions in said deed of trust contained dated dec E L JONES TruB tes damoisy Da MoisT attorney TRUSTEES SALE whereas joab collins a eingle man by his deed oi rust dated july 23 1892 and duly recorded in the office of the county recorder of utah county utah en the day of july 1892 in boob no 15 of mortgagee at page 55 conveyed to the as the following described land and premises situate in prove city utah county utah territory as follows to wit all of iota 1 6 7 and 8 in block 35 plat A provo city survey of building lota the same beng the east half of said block 35 plat A provo city of building lots situate in section 12 township 7 bouth ol 01 range 2 east salt lake mer idiak in trust however to secure the ment of a certa n promissory note thare in described for five thousand fiva hundred dollars daiel july signed and executed and delivered by said joab collins liddiard and sarah Liddiard hia wife and aquila collins to prove commercial and baa ings bank and payable at the provo commercial and saving bank in provo city utah aoe year after date with interest thereon at the rate of one per cent per month from date until paid and whereas said trust deed provided that in case default be made in the payment of any of the thereby secured either principal or interest then said deed to remain in force and the eaid party of the second part or in the event of the death disability or absence from provo city or ahe to act or other disqualification of the party of the secord part then the sheriff of utah county utah or aay of his deputies then acting mav as successors of the party of the second pait to sell said described property or any part thereof at public vend neto the highest beddor for cash either of the parties to said deed being at liberty the purchaser at such sale at the banking ahouee of said provo commercial erd savings bank in provo city utah farat biving twenty davs public notice of tho time terms and place of eaid sale and the property to be sold by advertisement in some newspaper printed in the english language and published in provo city and upon such pae the party f the second part or his successors benall and deliver a deed or deeds in fee pimple of the property sold to the purchaser or thereof and out of ane proceeds of sale first to pay the expenses of said trust including a reasonable attorney and counsel fees and compensation to said trustee or said successor eor in trust for his services second to pay tha amount paid by th said party of the third parties par tits or for taxes insurance or mechanics liens under the coa in said trust deed contained with one per cent per month enters inters eat thereon from the date of payment thereof third to pay the amount remaining unpaid on said note above described principal and interest cal lating cu the interest up today of pale fourth in the event of there being thereafter ft surplus of such proceeds then 10 pay eaid surplus to too party ot the first part his successors personal representatives or as igns fifth in case of a deficiency of such proceeds roc eeds state an account credit the amount paid on said note and certify the amount of such deficiency and said note is past due and remains wholly together with interest thereon as iu said nota provide ad aiace the day of march 1894 amounting m all to the sum of and sherea Wh erea the holder of said note has the trustee to ell aard premises according to tee term contained in said deed of trust now thera fora public notice is hereby iven that the undersigner undersigned under signed trustee in with the and lona 0 eaid deed of trust to which re ference is hereby made and at the ro quest of the owner and holder of eaid note will bell the above described land md premises at public to the highest bidder for cash in the banking of provo commercial and savings bink in provo city utahan saturday december ath 1894 at 12 noon of said day for the purpose of paying the of said treat including a reasonably compensation to the trustee and his attorney and for paying said inter eat and ally carrying out the terms contained in said deed of trust dated at provo city utah ahia day of nov 1894 aken trustee J W N attorney for trustee SALE whereas samuel liddiard aad sarah liddiard his wife aud joab collins a single man bv their deed of dated july 23 d 1892 and duly recorded in the office of ahe county recorder oi utah county bah territory on the day of july in book no 15 of mortgages at paga 57 conveyed to the un der signed as trustee the following described land and premises situate in provo city utah county utah bounded nd described as follows to wit commencing 23 32 chains bouth and 21 20 chains west of the northeast corner of the southeast quarter of section 7 township 7 south of range 3 east of salt lake meridian thence south 1 dag west chains thence south 89 dee aas fc 14 36 chains thence north 29 deg degi i wet t 4 SO chains thence north 89 deg west 12 20 chains to beginning containing an area of five mccrea also commencing 10 35 chains east end 1 40 chains eoute of the northwest corner ot the northeast quarter of section 7 township 7 south of ranga 3 east of salt lake south 89 deg i ast 6 07 chabina thence south 1 deg west 10 17 thence north 89 deg and SO din west 50 chains thelca north 1 deg east 3 chains thence north 88 deg and 30 min west 4 32 chains thence north 1 deg east 60 ceaine thence north 89 deg west chains thence north 10 deg east 6 50 chains to the place of beginning containing an area of 4 73 acres in trust however to lecure the pay ment of a certain promissory note therein described for five thousand five hundred delias dated july 1692 signed and executed end de evered by said samuel liddiard sarah liddiard his wife and aquila collins 0 o commercial savings bank and at ahe fiovo bom rr ecial and havinga bank in fiovo city tah me year after date with interest thereon at the rate of ona per cen pei month from date until paid an 1 whereas said trust deed provided that n ase default be made m the any of the indebtedness thiebe secured either jr in said deed to demain in force arl the eaid party of the second part or in gnp event of the death die elbi lity or absence frim brov city or refusal act or other disqualification ot the party of the second part then the sheriff of utah county utah or any of bia deputies anen act ing may aa successors of the barty oi the second part proceed to sell said decried property or any part thereof at public to the bidder for cash either of the parties to said deed being at liberty tc become the purchaser at euch sale at tha banking ahouee of said provo commercial ings bank in provo city utah first giving twenty days public notice of the time terms and place of eaid sale and the property to be sold by advertise nent in soma newspaper in provo city printed in the english language and published in gaid provo city and upon such sale the eaid party of the second cart or his successors ahall execute and deliver H deed or deeds in fee simple of the property sold to the purchaser 01 thereof and out of the proceeds of sala first to pay the ex benses censes of said trust including reabon able attorney and counsel fees and to said trustee or said iu trust for his services second la pay the amount raid by the eaid party of the third part its successors or taxes or mo chanice chani cs liens under the covenants of said trust deed contained witt cne per cent per month int areat thereon from the date ef payment thereof third to pay the amount remaining unpaid on said note a oye described the principal and interest calculating the in terest up to day of sale fourth in the event of there being a surplus of such proceeds then to pay such to the parties of the first part their personal representatives or as signa fifth in case of a deficiency of tuch state an account credit the amount paid on eaid note and certify the amount of such deficiency and whereas the said note is past doe and remains wholly unpaid together with the interest thereon ae in eaid note provided aiace the day of march 1891 amounting in all to the aum of 50 and whereat the holder of said note has requested aba undersigner undersigned under signed trustee to sell said premises according to th terms contained in said deed 0 trust now therefore public notice is hereby given that ahn trustee Iru stee in accordance with the tt aros and provisions of said deed of trust to which reference is hereby made and at the request of the owner and holder of note will sell the above described land and premises at public verdue to the hinbest bidder for casa in the banking ahouee of the commercial and bank in provo city utah on saturday daft 8 1894 at 12 noon obeaid day for the purpose of I 1 paying ehfe expenses of said trust including a reasonable compensation to the trustee anil his attorney and for layng aid interest and principal and fully out the barma tarma contained in naul deed of trust danei at provo city this day 0 november 1894 SHOOT J W N truette Trus tte attorney fo tristea Tr TRUSTEES SALE whereas samuel liddiard aad sirah liddiard his wife of arrovo city utah county Utah by their deed of trust listed january 7 1893 and duly record ni in the office of the county recorder of utah county utah territory on the jtb day of book no 15 of mortgages on page 81 of eaid book conveyed to the undersigner undersigned under signed trustee the following described land and premises situate in Provo city county utah bounded and described as follows to wit commencing 21 todd baat from the northeast corner ot block 16 plat 0 provo city sui vey of building eduth 10 roda thence east 4 north 10 rods thence west 4 rods to the place of beginning area 40 equale rods and situate in section 6 township 7 bouth of ranee 3 east of salt lake meridian also commencing 6 rods coith of the south east corner of block 32 plat A provo city survey of building lots west 12 roa thence north 6 rods thence eabe 12 rode thence south 6 rods tj the place of beginning bee inning and otherwise described as being the north halt of lots I 1 and 2 in eaid block 32 plat A also lot 6 m block 82 plat A provo city survey containing 72 square rods situated in section 1 township 7 south of range 2 east salt lake meridian also lot 7 in 82 plat A provo city situate in section 1 town ship 7 south of range 2 east containing 72 square rods in trust however to secure the pays ment of a certain promissory note there in described for five Thou five hundred dollars dated july 1892 signed and executed and de evered by said samuel liddiard sarah L d diard his wife Joab Collins and aquila collins to commercial saving bank in provo city and payable at the provo comber cial and savings baik in provo city utah one year after da e with interest thereon at the rat of onn per cent per month arora date until paid and whereas aa ut trust deed provided that in case default be made in the payment of any of the indebtedness thereby secured either principal or in eaid deed to demain in force and the said par y of the second part or in gnp event of the death dis sivility lity or an fn m provo city or refusal to act or other disqualification of the party of the second part then the sheriff of utah county utah or any of his deputies anen act ing may as successors of the barty ol 01 the second pare proceed to sell said described property or any pait thereof at public to the highest bidder for cash either of the