Provo Daily Enquirer | 1894-12-08 | Page 2 | Trustee's Sale

TRUSTEES SALE whereas D B D houtz and edna L houtz his wife both of the county and territory of utah aid by their certain deed of trust dated september 25 1893 and recorded the same day in book 15 of mortgages page in the boffl office e of the recorder of utah counte utah ter convey to the undersigned undersigner under signed as trustee the following described real estate situate in utah county utah territory to wit commencing Com at the northeast corner ot block 44 plat B provo city sur aur vey of building lots lota running thence west twelve 12 rods roda thence south six 6 rods thence esst eest twelve 12 rods thence north six 6 to place of be beginning inning in trust however to secure the pay ment of their certain promissory n te ti therein lerein described in the sum of three thousand dollars payable to the order of joseph D jones the of the third part in said deed of trust with in terest thereon at the rate of fifteen per cent per annum from the date data thereof pay payable ablia quarterly and w whereas said deed of trust provides that in case default be made inice in the payment of said note or any part I 1 thereof hereof or of any interest thit thi t may accrue thereon then said deed shall remain in force and the said party of the feconda part may proceed to beell eaid described property or any part thereof at public to the highest bidder for cash either of the parties to said deed aced being at liberty to become the purchaser at such sale eale at the front door of the county court bouse in provo cita utah first giving twenty days davs public notice of the time terms and olace of said sale and the property to be sold bv adver ti in some newspaper printed in the english lan language image and Dub listed in said provo city and upon such sal sale le the said varty party of the second part shall execute aad deliver a deed deba or deeds in fee simple of the property alli to the purchaser or purchasers thereof and out of the proceeds of eaul ea d pale ale airet pay the expenses of said trust including reasonable ati orney and bursel cur sel tees and compensation to said eaid trustee for bis services second pay the amount pa gaii 1 l by the said party of the third part for taxes insurance or mechanics liens liena uder the covenants in said deed dead of trust contained with fifteen per c ent cent per annum interest thereon from the date of payment thereof third pay the amount remain remaining Dg unpaid on raid eaid note above described for principal and interest up ap to the day of sale fourth in in the event of there being the thereafter thereat tera a surplus of such reeds then pay day such euch surplus to the parties partie of the first part their personal representatives or aMig assigns 18 fifth in c ase ase ot or a deficiency ot such proceeds state an account credit toe amount paid on said note and certify the amount of such deficiency and d whereas said eaid note is past due and remains wholly unpaid together with interest thereon as in in said note provided since september 25 inz ine in all to the sum of and whereas the said joseph D jones on june 7 1894 paid ins insurance arance claims amounting to 33 00 and on november 10 1894 paid tax claims amounting to which claims being against oaid ead real estate it was necessary for him bim to pay for the protection of the lien of the said deed of trust and by the terms ot which deed ho is entitled to a lien the said zeal real estate and of df which iL amounts mounts no part has been repaid by the parties ot t the first farat part and whereas the said D D houtz and edna L holitz on july 9 1892 e exe buted and delivered tn one A H raleigh x a mortgage on the above described real estate to secure a noie in the sum of 1250 00 with interest at the rate of one per cent per month payable anar quarterly which mortgage remains uncut isfried 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 said eaid note has requested the under signed trustee itee to sell said real estate ac cording to the terms and conditions in said deed of trust contained now therefore public notice is hereby giving that the undersigned undersigner under signed trustee y the slid deed of trueland true tru tand at the request of the owner and holder of fluid note and in accordance with the provisions I 1 of said deed of sell the above described real estate subject to the mortgage of A if raleigh above des dee ca bribed abed at public to the highest bidder for cash at the front door of the county I 1 courthouse in provo city Utah ion on friday december 28 1804 at 12 noon of said dav for the pur pose of paving the expenses of said trust including inc ludine a reasonable com coin pr nealion to the trustee and for attorneys fees the flae amounts paid by the party of the tha third part for insurance and taxes with interest thereon from the times ot of payment and the said isaid principal and interest and of fully ca carrying irving out the conditions in laid eaid deed of trust contained dated dec 3 1894 E L J onza trustee Tr uste csabi ba attorney i TRUSTEES SALE whereas charles W smith and isabella smith his wife both of the county and territory of utah did by their certain deed dead of trust dated octo oer ner 4 1892 and recorded october 8 1892 in boos book 13 15 of mortgages page 68 63 in the office of the recorder ot of utah county convey to the undersigned undersigner under signed as ag trustee the tha iol following lowing described real eal estate situate in utah county utah to wit wie commencing six 6 rude rode east of the corner of block twenty five 25 plat B provo city survey of building loti lot thence north twelve rods thence east three 3 rods thence south twelve 12 roda thence west three 3 rods roda to place of beginning area thirty six 39 square rods in trust however bo wever to secure the payment of weir certain promis promissory pory note therein in the eum bum of eight hundred dollars payable to the order of the utah county savings bank the party of the third part in said deed of trust with interest thereon at the rate ot one per cent per month from the date thereof thare of payable quarta quarterly ri ly and WHEREAS iBiAS said deet deed of t trust r net pro video videa that i 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 recoda part may proceed to pell said described property prop efty or any part thereof at public kenduk to tho the h chest bidder for cash either of the parties to sain deed being at liberty to become the purchaser baser at ench sale sae at the banking houe hou e of said utah county savings bank in provo city utah first giving gilme twenty days public notice of the time terms and place of said sale and the property to be anad by advertised advertise ment in soma aoma newspaper in provo city printed in the english language and published in said provo city and upon uch such zale bale the said party of tho the second part baah execute and deliver a deeder deeds in lee pimple dimple of the property sold to the purchaser eer oi 01 purchasers thereof there cl and out of the p proceeds of sale bale first pay tho the eppell ses of said trust reason reasonable able attorney and counsel fe fee E and compensation to said trustee step for lais his serT services ices second pay the amount paid by the sai I 1 party of the third part lid itu successors bucce esora or at aa signeus sig nees for taxes insurance or mechanics chani cs liens under the conven anta ants in said deed of trust brugt contained centa ined with one percent per cent par month interest thereon from the date data of payment thereof third pay the amount remaining unpaid on said above described principal and interest up to the day of i sale I 1 I 1 fourth in the event of there being thereafter a surplus of such proceeds then vay pay such surplus to the parties of 01 the first part their personal natives or as assigns signe fifth in case of a deficiency of such proceeds edia state an account credit amount paid on said eaid note and certify the amount of such deficiency and Whereas Where assaid eaid note is past doe dae and re mains wholly unpaid toi together zether with interest thereon as in said note provid ed since july 23 1894 B amounting in in all to the sum earn of ol 01 s and n d whereas the said u t a u C county bounty savings bank banac for a valuable consideration hes sold ass ed and trans transferred transferrer ferrea tha said note together with said deed of trust with all 01 its right title and interest inhere pt in ia and to the same to joseph D jones who is now the owner and holder of said note and interest and a whereas the avd d joseph D jones has paid tax claims against the said real amounting to als 18 05 which it was necessary for him to pay for the protection of the lieu of the said deet deel dee t l of trust and by the tha terms ol of which deed be Is entitled to a lien against ane said real estate and which amount or any part thereof has not been paid by the parties of the first part and whereas tho holder of said note has hag requested the trustee to bell sell said real estate according to tile terras terms and conditions contained in in 8 said aid now therefore there fora public notice is hereby given that tho the trustee by virtue of the power in him vested by bythe by the said deed of trust and aed at the request of the owner and holder of said note and in ac accordance cor dance with the provisions of said deed of trust will sell the above described real estate at public to td tha highest bidder for balli aaen 1 at the banking house bouse of the utah col county t savings bank in provo city utah on saturday december 1894 at 12 noon coon of said dy day for t the be purpose pose of dafiny the expenses of said saia trust including a reasonable botu col sensation pensa tion to the th trustee bruste a and for attorn attorneys ey Is fees and paling eaid caid principal and interest including taxes and fula carr carrying yint out the conditions lu in eald eaid deed of trust contained dated giov ov 1 gl I 18 I 1 J 1 0 GRAHAM trustee Tr natee attorney if A SALE whereas the provo theatre company a corporal on of utah county utah executed and delivered its lain trust deed nearing date the first day of march A D 1892 to jarnes james H bacon trustee tru atee to lo secure the pay nent to john joh n J judson of nine thousand dollars aej interest thereon according accordine to the tenor and effect ct a certain noted note be bearing arting ev ean ii date with said trust deed for y said aid amount and on tue day dav of march harch A D 1894 with interest 1 thereon ar ac the rate of ten per cent per annum said interest being quarterly which said trust deed was record ad in the recorders derlis office fie e of the county of utah and territory of utah in book 17 of trust deeds Deeda on page 51 etc of the records of said office and given upon the following fol lowine de scribed ascribed premises situate in said utah county coun to wit bepin begin at the north wast wes t corner comer of lot three 3 iu in block six ty tv seven 6 67 1 plat A provo fity eity survey run thence east ulle one hundred and twenty six feet thence south seventy three 73 feet thence west one 0 hundred hu adred and twenty six sis feet thence north seventy three 73 feet to tho the place of beginning and Wb whereat Where erena aa it is provided in said trust deed among other things that in case default be made in the payment of said note that then said eaid trustee shall sell I 1 and dispose of said eaid premises premi fes or any part thereof and all the right title benefit and e of redemption of the said company i their heirs and assigns therein elthe either r in mass or in seD separate arate par parcels ceis na as the holder of said vote ote may prefer at public auction at the front door of the court house bouse j in said eaid county of utan for the highest 1 and best beat price the same will brin brink in i cash after giving thirty days previous notice of euch auch sale bale by publication i cation in any newspaper at such auch time published I 1 in said c county anty of utah and to mabre execute acknowledge and deliver to the pure purchaser baser or baers at auch I 1 sate sale good and sufficient Eu deed or deeds and of conveyance for the premises sold whereas said eaid company has made default in the payment of said note ana of part ef cf the interest thereon and whereas the legal owner and holder bolder of eaid note has bae requested said trustee or his successor in trust to adver ies iEe hud sell said promises premises in pursuance ot of the power and authority in min him batori in said trust deed and now therefore public notice is hereby given that 1 I james H bacon trustee as aforesaid alore said will on monday the aist day dav of december Dece moer A D 1884 1894 at eleven a m obeaid of said day at the front north door of the county court ahouee of utah county in provo city in raid county nty sell said premi aes boget her kith iv ith A all the richt title ditl ai benefit b befit an and d equity of redemption of ot is eaid d company its ita beira and auda Esig n a therein th nor or thereto forever for jhb highest and best beat price the same saine will bring in cash ash c and will coake execute ae acknowledge knowledge and deliver to the pur at said bale rood good and sufficient dead or deeds of once for the premises premie prem ices ea sold bold convey dated this day of november A D 1894 lL JAMBS H BACON as aforesaid J W JUDD attorney Attorn oy