Provo Daily Enquirer | 1894-12-11 | Page 2 | Trustee's Sale

TRUSTEES SALE whereas D D hoelz and edna L houtz his wife both of the county and territory cf utah aid by their certain deed of trust dated september 25 1893 and recorded the same day in book ia of mortgages page in the office of the recorder of utah utah ter convey to the undersigner undersigned under signed as trustee the following described real ea taie situate in utah county utah ter to wit commencing at the northeast corner ol 01 block 44 plat B provo city sur i vey of building lots running thence west twelve 12 rods thence bouth six G rods thence beet twelve 12 rods thence north six 6 roda to place of beginning in trust however to secure the payment of their certain promissory n te theran described iu the sum of three thousand dollars payable to the order of joseph D jones the party of the third part iu said deed of in thereon at the rate of fifteen per cent per annum from the date thereof quarterly and whereas said deed of tract provides that in case default be made in the payment of aard note or any part thereof or of any interest that may accrue thereon then said deed ahall remain in force and the baid party of tho part may proceed to sell eaid described property or adv part thereof at public to the highest bidder for cash of the parties to said deed being at liberty to become the purchaser at such eale at the front door of the county court house in provo cita utah first giving twenty davs public notice of the time terms and olace of said eale and the property to be sold bv adver tia ement in some newspaper printed in the english language and published in said provo and upon such sale the eaid party of the second parac shall exa cute aad deliver a deau or deeds in fee simple of the property sald to the purchaser or purchasers thereof and out of the proceeds of said sale first pay the expenses of eaid trust including seasonable lea attorney and cucuel tees and comac to eaid trustee for his services beconi pay the amount paid by the eaid party ot the third oart for taxes insurance or mechanics liens under the covenants in said deed of trust contained wilh fifteen per cent per annum interest thereon from the date of payment thereof third dav the amount unpaid on said note above described for principal and interest up to the day of bale fourth in the event of there being surplus of such then pay such to the parties of the first part their personal representatives or assigns fifth in chae ot a deficiency ot such proceeds slate an account credit the amount paid on said nite n ite and certify the amount of such deficiency and whereas said note is due end remains wholly together with interest thereon as in said note provided since september 25 ing in all to the sum of aud whereas the eaid joseph D jonea on june 7 1894 paid insurance cladma amounting to 33 00 and on november 20 1891 1 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 ia entitled to a lien against the said real estate and of which amounts no part has been repaid by the cartiea ot the farat part and rear the said D D houtz and edua L hotuiz on july 9 1892 exa buted and delivered to one A H ral edilh a mortgage on the above described real estate to secure a note in the sum of with interest at the rate of one per jent per month quarterly which mortgage remains defied and is a lien on the real estate described in said deed of and thereto and whereas joseph D jines the hold of said note has requested the under signed trustee to sell eaid real estate aft cording to the terms and conditions in said deed of trust contained now therefore public notice is hereby giving that the undersigner undersigned under signed trustee y virture ot the power in him vested by the said deed of tru stand at the request of the owner and bolder of eaid note and in accordance with the provisions of aid deed of trust will sell the above real estate subject to the mortgage of A H raleigh above described at public to the highest bidder for each at the front door of the counte courthouse in provo city Utah on friday december 28 ISM at 12 noon of said day for the purpose of paving the of said trust including a reasonable com 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 ot payment and the eaid principal and interest and of fully carrying out the conditions in said deed of trust contained dated dec E L JONES trustee attorney TRUSTEES SALE whereas charles W smith aad isabella smith his wife both of the county and territory of utah did by their certain deed of trust dated octo dera 1892 and recorded october 8 in book 15 of mortgages page 68 in the office of the recorder of utah county convey to the undersigner undersigned under signed as trustee the following described real estate situate in utah county etab territory to hii commencing six arida 6 rida east of tue sout corner of block twenty five 25 plat B provo city survey of building lota thence north twelve rods thence east three 3 rods south twelve 12 rods thelca west three 3 rods to place of beginning area thirty six as square rods in trust however to secure the payment of kneir certain promissory promis pory note therein in the aum of eight hundred dollars payable to the order of tle utah county savings bank the party of the third part in said deed ol 01 trust with interest thereon at the rate ot one per cent per month from the date thereof payable and said deed of trust pro vides that in case default be made in the payment of said note or any part thereof or of any inter tBt 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 bublic to the h chest bidder for cash either of the parties to sail deed being at liberty to become the purchaser at such sap at the banking boue of said urah county savings bank in provo city utah ferdl giving twenty days public notice of the time terms and place of eaid eale and the property to be bold by advertise ment in agomo newspaper in provo city printed in the enghau language and published in said provo city and upon auch eale the baid party of the second pan ahall axt cute and deliver a deeder deeds in fee fimple of the property sold to the purchaser 01 purchasers thereof and out of the proceeds of sale first pay the expenses of said trust including reasonable attorney and counsel fee and compensation to said trustee for hia services second pay the amount paid by the eai I 1 party of the third part its or as signeus sig nees for taxes insurance or me chanice chani cs liens under the conven anta in said deed of trust contained with one per cent por month interest thereon from the date of payment thereof third pay the amount remaining unpaid on said note above described for principal and interest up to the day of sale fourth in the event of here being thereafter a surplus of such proceeds then pay such surplus to the parties of the first part their personal represent natives or assigns fifth in case of a deficiency of such proceeds state an account credit the amount paid on said note and certify the amount of such deficiency and nota is past dae and remains wholly unpaid together with interest thaleon tha reon as in said note provided since 1894 amounting in all to the sum of 80 and whereas the said utan county savings bank for a valuable consideration has eold assign ed and transferred tha said note together with said deed of trust with all its right title and interest iu and to the same to joseph D jaaes who ia now the owner and holder of aard note and inter fest and whereas the sad joseph D jones ba paid tax claims against the said real amounting to 18 05 which it was necessary for him to pay for the protection of tha lieu of the said deeb of trust and by the terms ol 01 which deed be ia entitled to a lien against toe said 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 has requested the undersigner undersigned under signed to sell said real estate according to ane and conditions contained in aard deed of trust now therefore public notice is hereby given that the trustee by virtue of the power in him vested by the aard deed of trust and at the request of the owner and holder of said note and in accordance with the of said deed of trust will sell the above real batata at public to bidder for cash at the banking house of the county savings bank in provo city utah on saturday december 1894 at 12 noon of said day for the purpose of the er of eaid trust including a reasonable corns penea tion to the trustee and for attorneys attorn eya feea and paving aard principal and interest including tases and auly carrying out the conditions in eaid deed of trust contained dated nov J 0 trustee attorney SALE whereas the provo theatre company a corporal cor oa of utah county utah executed and delivered its cei tain trust deed bearing date the first day of march A D 1892 to james B bacon trustee to secure the payment to john J judson of nine thousand dollars aej interest thereon according to the tenor and effect ct a certain note bearing even date with said trust deed for said amount and on tue day of march A D 1894 with interest HI the rate of ten per cent per anjum said interest being quarterly which said trust deed was recorded dad in the recorders office of the cownty of utah and terri lory of utne in book 17 of arnt deeds on page 61 etc of the records of said office and riven upon the following described premises situate in said utah county to wit benin at the north west comer of lot three 3 in block six ty seven 67 plat A provo city survey run irence one hundred and twentysix 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 it ia provided in paid trust deed among other things that in case ie tault be made in the payment of caid 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 heire and assigns therein either in mass or in separate parcels as the bolder of eald bote may prefer at public auction at the front door of the court in said county of utan for the highest and best price the same will briix 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 ar purchasers at such sala good and sufficient deed or deeds of conveyance for the premises sold and whereas said company haa made default in the payment of eaid note ana of part cf the interest thereon and whereas the legal owner and note has requested said trustee or hia in arnst to advertise and bell said premises in pursuance of the power and authority in him avestad vestad in and by eaid trust deed and now therefore public notice is hereby given that I 1 james H bacon trustee as aforesaid will on monday the day of decemver Dece moer A D at eleven a m of eaid day at the front north door of the county coart house I 1 of utah county in provo city in eaid county sell said with all the right title benefit and equity of redemption 0 said company its heirs and assigns therein or thereto forever for ehte highest and best price the same will bring in cash and will make execute acknowledge and deliver to the purchaser or at aard eale good and deed or deeds of convey ance for the sold dated thia day of november AD 1894 JAMES H BACON trustee ax aforesaid J attorney