Provo Daily Enquirer | 1894-12-04 | Page 3 | Trustee's Sale

TRUSTEES SALE whereas charles W smith and isabella smith his wife both of the county and territory of utah did by their certain deed of trust dated octo der 4 1892 and recorded october 8 1892 in 15 of mortgages page 68 in the office of the recorder of utah cauntay convey to the undersigner undersigned under signed as trustee the following described real estate situate in utah county utah terr to hii commencing six 6 rods east of ane corner of block twenty five 25 plat B provo city aurbey of building lots thence north twelve 12 rods thence east three 3 rods thence south twelve 12 rods chenco west three 3 rods to place of beginning area thirty six 35 square roda in however to secure the payment of their certain promissory promis eory note therein described in the sum of eight hundred dollars payable to the order of the butali county savings bant the party of the third part in said deed of brust with interest thereon at the rate ot one per cent per month from the date thereof payable quarterly and BAS said deed of trust provides that in case default be made in the payment of said note or any part thereof or of any interest that may ac cure 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 h chest bidder for cash either of the parties to said deed being at liberty to become the purchaser at such sale at banking houe of said utah county savings bank in provo city utah first giving twenty days public notice of tha time terms and place of said sale and the property to be sold by advertise anent in soma newspaper newe paper in provo city printed in the english language and published in said provo city and upon auch sale tha eaid party of the second part ahall execute and deliver a deeder deeds in fee simple of the property sold to the purchaser 01 purchasers thereof and out of the proceeds of eale first pay the expenses of eaid trust including reasonable attorney and counsel fees and compensation to said trusted cpr ha services sery ices second pay the amount paid by the sai 1 party of the third part its successors or assignees sig nees for taxes insurance or me chabica ch anica liena under the conven ants in said deed of trust contained with one per cent per month interest thereon from the date of payment thereof third pay the amount remaining unpaid on eaid note above for principal and interest up to the day of sale fourth in the event of there being thereafter a surplus of such proceeds then pay such surplus to the parties of the first part their personal natives or assigns fifth in case of a deficiency of euch proceeds stale an account credit the amount paid on said note and certify the amount of such deficiency and Where assaid note is past due and re mains wholly unpaid together with interest thereon as in said note provided bince july 23 1894 amounting in all to the sum of i and whereas the said utan county savings bank for a valuable consideration has sold assigned and transferred the said note together with said deed of trust etith all its right title and interest in an 1 to the same to joseph D jones v S o i ow the owner and nolder of s ut n ro and interest and wiit the ead joseph D jones has paid t x claims against the said real amounting to 18 05 which it necessary for him to pay for the protection of the lieu of the said deed of trust and by the terms oi which deed he is entitled to a lien against the eaid real estate and which amount or any part thereof has not been paid by the parties of the first part and whereas the holder of said note haa requested the tristea to beell said 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 said deed of trust and at the request of the downar and holder of said note and in accordance with the provisions of said deed of trust will sell the above described real estate at public to the highest bidder for at the bouse of the utah county pank in provo city utah on saturday december 1894 at 2 noon of said day for the purpose of the expenses of said trust including a reasonable com ion to the tristea and for attorneys fees and paving said principal and interest including taxes and faila carrying out the conditions in said dead of trust contained dated nov J G GRAHAM trustee attorney TRUSTEES SALE WHEREAS isaac H mcewan fand mary E mcewan hia wife and joseoh T mcewan and irinda N his wife all of the county and terri tory of utah did by their certain deed of trust dated 1891 and recorded september 26 in 8 pae in the office of the recorder of utah county and territory of utah convey to will am H dale as trustee the following described real estate sit bated in said utah county and territory of utah to hii part of lot two 2 in block sixty eight plat A provo cita survey and described as com twenty 20 feet east of the south west corner of said lot two 2 in said block thence running east eighteen 18 fact thence north seven 7 rods nce eighteen 18 feet and thence south seven 7 lods to place of beginning which eaid cons meyance was made in trust to secure to the order of the lombard investment company the payment by the said isaac H mcewan mary E bewan joseph T mcewan and irinda N mcewan one certain beal first mortgage coupon for the principal sum of seventeen hundred dollars bearing even date with said deed of and due and patacio on the first day of october 1894 and bearing ins terest from the data thereof at the rate ot six er cent per annum interest payable berni annually on the first days each year as evidenced by interest coupon attached to said real estate first mort gage coupon bond and of eyen date therewith and said deed of trust pro vides that in case default be made in I 1 he payment of said note or any part thereof or the interest thereon according to the tenor aud effect of said note or in cabe of the breach of any of the covenants or agreements contained in eaic trust deed upon the application of eaid legal holder the trustee ahall sell and dispose of all the above described property at public auction in the man ner in aard deed of trust described reference to which lg hereby made for greater certainty for the purpose of paying said note and all interest due thereon and all amounts paid for the or insurance reinsurance re of said premises together with the coats and and expenses et executing this trust after having given thirty daye notice by publication ot the time terms and placa of sale as provided in said deed of trust and eaid deed of trust provided pro that first parties ahall insure the buildings on said premises at their insurable value payable to the order of eaid trustee or the legal holder ot said cote when requested and in the event of the failure neglect or refusal of said first parties to insure said buildings or reia sure the same before noon ot the day adv policy shall expire then the second party may eject said insurance paying the cost thereof and the game ahall be come a lien under said trust deed on said premises aud draw interest at 12 per cent from the time of payment ard default has been made in the payment of the said promissory note which became due october ast 1st 1891 and the last installment of interest due thereon from the first day of april to the maturity of said note amounting to the sum of and default has also been made by aard first in renewing the insurance on said premises after demand which sad insurance was on october let 1894 renewed by the legal holder of said note and said trunk deed and the sum of 31 00 paid as premium thereon and which said defaults stair continue and said deed of provides that in case of the death resignation or removal irom the territory of utah of the second party or his refusal or fail ure or inability to act then the then acting sheriff of said county of utah hill thereupon become bia successor in trust with fall the howera duties and obligations thereof and eaid william H bale by bio in noyem ber ath 1894 refuses to act which eaid refusal was recorded in iho office of the recorder of utah county utah november and the ath day of october the said lombard investment company by its in writing sold as transferred and set over to swasey martin bankers eaid heal estate first mortgage coupon bond to gether with said deed of trust and all its right title and interest in and to the same which eaid assignment was on the ath day of november 1894 addly recorded in the office of tho county recorder of utah county in book no 80 of mortgages etc on ano are the legal owners and holders thereof now therefore notice ia hereby given that I 1 john A brown the present acting sheriff of eaid utah county and successor in trust aforesaid at the request of the present legal holder and owner of said acte and trust deed martin banters and under and by virture of the power and authors ity ib me vested by the of said trust defte will on the alth daiy diy of december 1894 at the hour of 10 a m in the of said day cell all of the above described real estate and all of the right title and interest of isaac H mcewan and marv E mci E an h s wac ard ar d T mcewan and irinda N mcewan hia wife their heirs and therein at public auction at the front door of the court house in the county of utah and territory of utah for tb purpose of paying and principal note all interest dua thereon and said amount paid for reinsurance and all costs and expenses of executing this trust bated this day of november 1894 OHN A bawn sheriff in trust 8 K KING attorney SALE whereas the provo theatre company a corporation of utah county utah executed and delivered its certain 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 even date with said trust deed for said amount and payable on tue ast 1st day of march A D 1891 1 with interest thereon ac the rats of ten per cent per annum said interest being payable quarterly which said trust deed was recorded record sd in the recorders office of the counte of utah and territory of utah in book 17 of arnat 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 iu block eix ty seven 67 plat A provo r alty survey run thence east one hundred and twenty six feet thence south seventy three 73 feet thence west one hundred and twenty eix feet thence north seventy three 73 feet to the place of beginning and whereat Where aa it is provided in said trust deed among other things that incase default be made in the payment of said note that then said trustee shall sell and dispose of said or any part thereof and all the right title benefit and equity of redemption of the baid company their heirs and assigns therein either in mass or in separate parcels as the holder of said note may prefer at auction at the front door of the court house in said county of utan for the highest and beat price the same will briix in cash after giving thirty days previous oua notice of such sale by publication in any newspaper at such time published in said county of utah and to make execute acknowledge and dolliver to the purchaser or purchasers at such sale good and sufficient deed or deba of conveyance for the premises sold and whereas said company has made default in the payment of eaid note ana of part cf the interest thereon and whereas the legal owner and holder of eaid note has requested eaid trustee or his successor in trust p advertise and sell said premises in pursuance of the power and authority in him avestad vestad in end by eaid fruat deed and now therefore public notice is hereby given that I 1 james H bacon trustee as aforesaid will on monday the day of december A D 1894 at eleven a m of said day at tha front north door of the county court house of utah county in provo city in eaid county sell said with all aba right title benefit and equity of redemption of said company its heirs and assigns therein or thereto forever for jhb bichet and best price the same will j bring in cash aad will make execute acknowledge and deliver to the purchaser or at said sale good and sufficient deed or deeds of convey ance for the premises bold dated chiq day of november A D 1894 JAMBS H BACO as aforesaid J