Provo Daily Enquirer | 1894-12-13 | Page 2 | Trustee's Sale

TRUSTEES SALE whereas D D hautz and edna L houtz his wife both of the county and territory of utah aid by their certain deed of trust dated september 25 and recorded the same day in book 15 of mortgages page in the office of the recorder of utah counte utah ter convey to the undersigner undersigned under signed aa trustee the followings lowins fol real estate situate in utah county utah territory to wit Cm at the northeast corner of aluk 41 4 1 plat B provo city BUT i vey of building lota rundin west twelve va rods thence E auth six G rode thence east twelve 12 loiis thence north eix 6 roda to place of beginning in trust however to secure the ray ment of their certain promissory n to therein described in the sum of three thousand dollars payable to the order of joseph D jones the party of the caird part in said deed of trust with in terest the rata of fifteen per cent per annum from the date thereof payable quarterly and whereas said deed of trust provides that in case default be made in the payment of aard note or any part thereof or of any interest ehst may accrue thereon then said deed shall remain in force and the said party of tha second part may proceed to soil said described property or any part thereof at public veadie to the highest bidder for cash either of the parties to said need beine at liberty to become the purchaser our chaser at such sale at the front door of the county court house in provo cita utah first givina twenty days public notice of the time terms and of said sale and the property to be sold bv adver in some newspaper printed ia the english and in said peoro city and upon such 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 chaber or purchasers thereof and out of the proceeds of ead sale first pay the expenses of said trust including reasonable adorney and cui sel lees and compensation to paid trustee for his services cervices vices second pay the amount pah by the eaid party of the third part for taxes insurance or mechanics liens udor the covenants in said deed of trust contained r 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 UD to the day of sale fourth in the event of there bearr surplus 0 such then kiy i aci to the parties of ho first part their personal representatives or assigns fifth in ot a deficiency ot such a ata an account credit the amount paid on said n te and certify tha amount of such deficiency and whereas said note is past due and remains wholly together with interest thereon as in said note po p o aided vided bauce september 25 ing in all to the sum of and whereas the eaid joseph D jones on J une paid cladma amounting to 33 00 and on november 20 1894 paid tax claims amounting to which being against said real estate it was necessary for him to pay for the protection of the lien of tho said dead of trust and by the terms ot which deed he is entitled to a lien against the said real ep tate and of which amounts no part ha ben athe parties ot the first part and the eaid D D hontz and ed B L 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 at the rate of one per ant per month payable quarterly which montage remains ineat defied and is a lien on the real estate 1 in saad deed of trust and prior thereto to and joseph D J nes the hold of paid note hup rt quested the under pinned trustee to sell said real estate according to therma and conditions in eaid deed of trust contained now therefore public lotice is here by livius that the l trustee v virture ot the power in him vested by the said deed of at the request of t e owner and holder of said note and in ai corrance with the provisions of yd t deed of rust will sell the above real estate subject to the of A H raleigh above described at public to the highest i bidder for cash at the front door of the county courthouse Court Honse in provo city Utah on friday 28 1804 at 12 noon of said day for the purpose of paving the of aard truet including a reasonable com pt leation 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 principal and interest and of fully carrying out the conditions in said deed of trust contained dated dec E L JONES trustee attorney SAIE 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 dera 1892 and recorded october 8 in boot 15 of mortgages pae 68 in alie office of the recorder of utah convey to the as trustee the following described real estate situate in utah county Ut ahTer to hii commencing BIX 6 rods east of alje corner of block twenty five 25 plat B provo city survey of building lots thoyce north twelve 12 rods thence east three 3 rods thence south twelve 12 roda thence west three 3 roda to place of beginning rea thirty six 36 square rods in trust however to alcure the payee en t of their certain promissory note therein in the sum of eiehl hundred dollars payable to the order of the utah county savings bank the party of the third part in baio deed of trust interest thereon at the rate ot one her cent per month from the date thereof payable quarterly and said deed of trust provides that in cage 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 ahall remain in force and the said carty of the cecone part may proceed to beell said described property or any part thereof at public to the h cheat bidder for cash either of the parties to sail deed being at liberty to become the purchaser at such sa e at banking hou e of eaid utah county savings bank in provo city utah first twenty days public botic of tha time terms and place of eaid aale and tha property to be eald by advertise in aoma newspaper newe paper in provo city printed in the english language and published in said provo city and upon uch bale the eaid party of tha second part shall execute and deliver a deeder deeds in lee simple of the property the purchaser 01 purchasers thereof and out of the proceeds of sale first pay the expenses of aid trust reasonable attorney and counsel feeg and compensation to eaid trustee for his services sery ices second pay the amount paid by the eai I 1 party of the third part its successors or assignees sig nees for taxes insurance or me lieas under the conven anta in said deed of trust contained with one per cent per month interest thereon from ahe data of payment thereof the amount unpaid on said note above described for principal and interest up to the day of aale in the event of there being thereafter a surplus of such proceeds then pay such surplus to the p arties of the first part their personal representatives 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 euch deficiency and Where assaid note is past due and remains wholly unpaid together with interest thereon as unsaid note provided since july 23 1894 amounting in all to the sum of and whereas the said county savings bank for a valuable has sold assign rid and transferred said note together with eaid deed of truet with all its richt title and interest in and to the same to joseph D jones who ia now the owner and holcer of said note and interest and whereas the avd joseph D jonea has paid tax claims against the said real amounting to 18 05 which it was necessary for him to pay for the protection of the lieu of tha said dee of trust and by the terms ol 01 which deed he ia entitled to a lien against the said real catale 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 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 tho trustee tiu stee bv 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 fhaid deed of trust will sell the above described real estate at public to the highest bidder for asen at the banting bouse of the utah county savings bank in provo city rtuh on saturday december 1894 at 12 noon of said day for the purpose of the of eaid trust including a reasonable cani pen cation to the trustee and for attorneys fees and pacing said principal and interest including taxes and fu ly carrying out the conditions in said deed of trust contained dated nov J 0 timateo attorney SALE whereas the provo theatre company a corpor afon 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 ani interest thereon ac cornine to the tenor and effect ct a certain nate bearing even date with said arnat deed for aadil amount and payable on tue ast 1st day of march A D with interest thereon ac the rata of ten per cent per annum said interest being payable quarterly which said trust deed was records in the recorders office of tha county of utah and territory of biah in book 17 of trust deeds en page 51 etc of the records of eaid office and given upon the following described premises situate in ba 1 utah county to wit begin at the north west corner of lot three 3 iu block six ty seven 67 plat A provo city survey run thence 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 the place of beginning and whereat Where aa it is provided in said trust deed other thinas that incase default be made in the payment of said I 1 ftp that then eaid trustee shall sell and dispose of said premises or any part t ereon and all the right title benefit and equity of redemption of the said company their beira and assigns therein either in mass or in separate parcels as the holder of said r ote may prefer at auction at the front door of the court house in said county of utan for the highest and best anca the same will brinn in cash after giving thirty days previous notice of such sale by publication in any newspaper new at auca time published in said county of utah and to mate execute and deliver to the purchaser or purchasers at such sale good and sufficient deed or deeds of conveyance for the premises cold and whereas eaid company has made default in the payment of aard note ana of part cf the interest thereon and whereas the legal owner and holder of eaid note has requested said trustee or his successor in trust to avvenire ad venire and sell said premises in pursuance of the power and authority in him vested in and by eaid trust deed and now therefore public notice is hereby given that I 1 jamee H bacan as aforesaid will on monday the dav of decemver Dece moer A D 1894 at eleven a m of paid day at the front north door of the county coart house of utah county in provo city in ead county sell eaid with all the right title benefit and equity of redemption ol 01 eaid company Como any ite heirs and assigns therein or thereto forever jor and beet price the earne will bring in will make execute acknowledge fan d deliver to the purchaser or purchasers at said sale good and sufficient deed or deeds of ance for the premises sold convey dated this day of november A D 1894 H BACON trustee aa aforesaid J attorney