Provo Daily Enquirer | 1894-12-10 | Page 2 | Trustee's Sale

TRUSTEES SALE whereas D D houtz and edna L hontz 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 office of the recorder of utah county utah territory convey to the as trustee the following real estate situate in utah county utah territory tu wit at the northeast corner ol 01 block 44 plat B provo city aar vey of building lota running thence west twelve rods thelca south six 6 rods thence east twelve 12 rods thence north six 6 rode to place of beginning in trust however to secure the pay ment of their certain promissory nto n to therein described 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 the rate of fifteen per cent per from the date thereof payable quarterly and whereas aard deed of trust provided pr ovidea that in case default be made inice payment of baid note or any part thereof or of any 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 house in provo cita utah first giving twenty davs public notice of the time terms and place of aard sale and the property to be sold bv advertisement ti in some newspaper printed in the english language and in said city and upon such sale the said party of the second part execute aad deliver a deau or deeds in fee simple of the property acid to the pur chaser or purchasers thereof and out of the proceeds of paid sale first pay the expenses of said trust including reasonable attorney and counsel tees and compensation to eaid trustee for his services second pay the amount paia by the said party of the third part for taxes insurance or mechanics liens under the covenants in said deed of trust contained with fifteen per cent per annum interest thereon from the date of p dyment 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 such then pay such surplus to the parties of the first part their personal representatives or assigns fifth in case ol 01 a deficiency ot such proceeds slate 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 gnp in all to the sum of and whereas the eaid joseph D jonea on june paid insurance claims amounting to 33 00 and on november 20 1894 paid tax claims amounting to which claims being against said leal estate it was necessary for him to pay for the protection of the lien of the said deed of trust and by the terms ol 01 which deed he is entitled to a lien against the said real estate and of which amounts no part has baen repaid b the parties ot the first part and whereas the said D D houtz and edna L houtz on july 9 1892 axe buted and delivered to one A H raleigh a mortgage on the above described real to secure a note in the sum of with interest at tha rate of one per abent per month payable terly which mortgage remains unsatisfied and is a lien on the real estate described in said deed of trust and onar thereto aej whereas joseph D jones the hold of eaid note has requested the under signed trustee to sell said real estate according to the terms and conditions in eaid deed of arnat contained now therefore public notice is hereby giving that the undersigner undersigned under signed trustee oy ot the power in him vested by the said deed of trueland true tand at the request of the owner and holder of said note and in accordance with the provisions provia ions of said deed of trusty will sell the above real estate subject to the mortgage of A H raleigh above described at public to the highest bidder for cash at the front door of the counte in provo city utah ion friday december 28 1804 at 12 noon of said day for the purpose of paving the expenses of said trust including a reasonable compensation pensa tion to the trustee and for attorneys fees the amounts paid by the party of the third part for insurance and taxes with interest thereon from the times ol 01 payment and the said principal and interest and of fully carrying out the conditions in eaid deed contained dated dec E L jonat batea CHABLIS damoisy attorney TRUSTEES SALE whereas charles W smith and isabella smith his wife both of the county and territory of U tab did by their cartain deed of trust dated octo 1892 and recorded october 8 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 to wit commencing six 6 rode baat of tue southwest corner 0 block 25 plat B provo city survey of building lota thence north ila rods thence three 3 rods thence south twelve 12 roda thelca three 3 rods to ulace of beginning rea thirty ez square roda in trust however to secure the payment of their certain ory note in the bum of eight hundred dollars payable to the order of the utah county savings bank the party of the third part in eaid deed of fruat with interest thereon at the rate ot one per cent per month from the date thereof payable quarterly and said deed of trust provides that in default be made in the payment of said note or any part thereof or of any interest that may ac cure thereon then eaid deed shall remain in force and the said party of the cecone part may proceed to sell said described property or any part thereof at public to the h ghost bidder for cash either of the parties to said deed being at liberty to become the purchaser at anch eap at the banking hou e of eaid utah county savings bank in provo city utah first giving days public notice of tha time terms and place of eaid sale and the property to be sold by advertise in boina newspaper in brovo city printed in the language and published in baid provo city and upon auch abie the eaid party of the second pan ahall execute and deliver a deed or deeds in lee fimple f of the property sold to the purchaser 01 purchasers thereof and out of the proceeds of sale first pay aba of said trust including reasonable attorney and counsel febe and compensation to said for his services second pay the amount paid by the eai I 1 party of the third part its or assignees sig nees for taxes insurance or mechanics chani cs liens under the conven anta in aard 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 said note above de bribed for principal and interest inte iest up to the day of sale fourth in the event of there being thereafter a surplus of such proceeds then ibay such earplug to the parties of the first part their personal represent or assigns fifth in case of a deficiency of such proceeds state an account credit tha amount paid on said note and certify the amount of such deficiency and note is past due and remains wholly unpaid together with interest thereon as in said note provided bince july 23 amounting in all to the sum of a and whereas the said utan county savings banac for a valuably consideration hes sold assign ed and transferred tha said note together with eaid deed of trust with all its right title and interest in and to the same to joseph D joada who ie now the owner and holder of eaid note and and whereas the sa d joseph D jones has paid tax claims against the eaid real estate amounting to 18 05 which it necessary for him to pay for the protection of the lieu of the said deed of and by the terms ol 01 which deed he is entitled to a lien against the said real estate and which amount or adv part thereof has not been paid by the parties of too first part and whereas the holder of baid note has requested the trustee to sell 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 owner and holder of said note and in accordance with the provisions of eaid deed of trust will sell the above described real estate at public to he highest bidder for caen at the house of the utah county savings bank in provo city utah on saturday december 1894 at 12 noon of caid day for the purpose of the expenses of bald trust including a conn to and for attorneys fees and said principal and interest taxes and fully carrying out the conditions in raid deed of trust contained dated nov J 0 tee attorney SALE whereas the provo theatre company a corporal cor on of utah county utah executed and delivered its cei tain trust deed beancy date the first day of march A D 1892 to jamea 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 evin date with said trust deed for aahl amount and paya olei on ane ast 1st day of march A D 1894 with interest thereon ai the rata of ten per cent per annum said interest absing i payable quarterly which aard trust deed was recorded dad in the recorders office of the county of utah and terri tory of utah in book 17 of trun 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 city survey run ubence 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 taft place of beginning and whereat Where aa it is provided in eaid trust deed among other things incase default be made in the payment of said note that then said trustee shall sell and dispose of said premises or any part thereof and all the right title benefit and equity of redemption of the said company their beira and assigns i therein either in mass or in separate parcels as the holder of said tote may prefer at public auction at the front door of the court house in said county of utan for the highest and beat price the same vill brin in cash after giving thirty daab previous notice of such sale by publication in any newspaper at such time 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 aard company haa made default in the payment of said note ana of part cf the interest thereon and whereas the legal owner and holder of said note has requested aard trustee or in trust to advertise and sell said premises in bt the power and authority in him avestad vestad 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 decemver Dece moer A D 1804 at eleven a m of eaid day at the front north door of the county court house of utah in provo city in faid county cell said with all the right title benefit and eunity or redemption of said company its heirs and assigns therein or thereto forever for jhb highest and best price tho same will bring in cash and will maks execute acknowledge and deliver to the purchaser or at said eale good and sufficient deed or deeds of convey ance for the premises sold dated thia day of november AD baclit iduate aa aforesaid J attorney Att oraey