Type | issue |
Date | 1894-12-14 |
Paper | Provo Daily Enquirer |
Rights | No Copyright - United States (NoC-US) |
Publisher | Digitized by J. Willard Marriott Library, University of Utah |
ARK | ark:/87278/s6572g8m |
Reference URL | https://newspapers.lib.utah.edu/ark:/87278/s6572g8m |
Article Title | Trustee's Sale |
Type | article |
Date | 1894-12-14 |
Paper | Provo Daily Enquirer |
Page | 2 |
Creator | Jones, E. L., (Edward La Trielle) 1860-1936; Graham, J. C. (John Crosthwaite), 1839-1906; Bacon, James H., b. 1856 |
OCR Text | Show TRUSTEES SALE whereas D D hautz and edna L houtz hid wife both of the county and territory of utah aid by their certain deed of trust dated september and recorded the same day in book io of mortgages page in the office of the recorder of utah county utah territory bouvey to the undersigner undersigned under signed as trustee the following real estate situate in utah county utah territory tu wit at the northeast corner ot block 44 plat B provo city survey of Luil dinK lots running thence west twelve 12 rodd thence bouth BIS 6 rods thence east twelve 12 rods north eix 6 to place of beginning begin in trust however to secure the pay ment of their certain promissory n te therein described in the sum of three thousand dollars payable to the order of joaeph D jones the party of the third part in eaid deed of tru atwith in terest thereon at the rate of fifteen per cent per annum from the date thereof payable quarterly and whereas said deed of trust provides that in case default be abade in the payment of said bots or any part thereof or of any int ereal may accrue thereon then said deed shall remain in force and tho said party ot the mccond part may proceed to beil said described property or any part thereof at public to the highest bidder for cash either of the parties to said need beine at liberty to become the purchaser at such eale at the front door of the county court house in provo cita utah first civiok twenty days public notice of the time terms and place of said eale and the property to be sold bv adver ti in some newspaper printed in the english language and published in paid city and upon such sale the said party of the second part ceball es cuto aad deliver a deed or deeda in fee simple of the property sald to the pur chaser or purchasers thereof and out of the proceeds of said sale birdt pay the expenses of said trust including reasonable attorney and leas and compensation to said trustee for hia services debond pay the amount pa by the suid party oi the third part for taxes insurance or mechanics liens under the covenants in eaid deed of trust contained 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 to the day of sale fourth in the event of there bein there altera surplus of such reeds theu pay such surplus to the parties of the first part their personal representatives or assigns fifth in ot a deficiency ot such proceeds eda state an account credit the amount paid on said note and certify the amount of such deficiency and whereas said note is past due and wholly unpaid together with interest thereon as in paid note provided since september Sept embar 25 in in all to the sum of and whereas the eaid joseph D jones on anne paid claims amounting to 33 00 and on november 20 1891 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 ro a lien against the eaid real estate and of which amounts no part has been repaid b the parties ot the first part and will read the eaid D D houtz and edtia L hona on july 9 1892 exe buted and delivered to one A H gaii baeb a mortKa iio on the above described real estate to secure a note in the eum of with interest at alia rate of one per atit per irrin th quarterly winch mortgage morte age remains unsatisfied and ie i lien on the real estate described ic said deed of trust and prior thereto and joseph D J nes the hold of paid note has requested the under signed trustee to ecal said real state according to the and conditions in eaid ceeil of trust contained now therefore public notice is here by civi ne that abe trustee by 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 paid deed of sell the above real estate to the of A H raleigh above described at public to the highest bidder for cash at the front door of the county courthouse in provo city Utah on friday december 28 1804 at 12 noon of said day for the purpose of paving the expenses of said trust a reasonable com pensa ion 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 abe times ot pay meat and the eaid principal and interest and of fully carrying out the conditions in aard deed of trust contained bated dec E ii trustee attorney TRUSTEES SALE whereas charles W smith and isabella smith hs wife both of the county and territory of utah did by their carl am deed of trust bat d dera 1892 and recorded october 8 1892 iii 15 of mortgages pa e OS in the office of the recorder of utah county to the undersigner undersigned under signed as trustee the described real estate situate in utah county utah toi to wit commencing six arida 6 rida east ot the borcer of block 25 plat B provo city survey of building lot thence north twelve 12 rods thence eaas three 3 rods thence south twelve 12 roda chenco west three 3 rods to place of beginning area thirty six 35 square rods in trust however to secure the payment of their certain promissory note therein described in the sum of eight hundred dollars payable to the order of the utah coulty savings banac the party of the third part in said deed of trust interest thereon at the rate ot one per cent par month from the date thereof payable quarterly and eaid deed of trust pro vides 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 eaid deed shall remain in force and the said party of the second part may proceed to cell eaid described property or any part thereof at public vendee to the h chest bidder for cash either of the parties to said deed being at liberty to become the purchaser at such sa e at the banking houe hou e of said utah county savings bank iu city utah first clyme twenty days public botic of the tima terms and place of eaid sale and the property to be sold by advertise ment in aoma newspaper newe paper in brovo city printed in the english language and published in aard city and upon mch idle the eaid party of the second part ahall execute and deliver a deeder deeds in fee ti mole of the properly cold to the purchaser 01 purchasers thereof and out of the proceeds of bale first pay the expenses of aid trust including reasonable attorney and counsel fees and compensation to said trustee for hia services sery ices second pay the amount paid by tle sai 1 party of the third part its successors or aa signe ea for taxes insurance or mechanics chanice cs liens under the in eaid dadd of trust contained with one per cent per month interest thereon from the date of payment thereof third pay the amount unpaid on said note above described for principal and interest up to the day of sale fourth in the event of there being thereafter a kurpius of such proceeds then pay such surplus to the parties of the first part their pere caal or assigns fifth in case of a deficiency of such proceeds eda state an account credit tha amount paid on said note and certify the amount of such deficiency and Where assaid note is past daie and re mama wholly unpaid together with interest thereon as in said note provided bince july 23 1894 amounting io all to the sum of and whereas the said county savings bank for a valuable hes sold assign ed and transferrer trans ferreo tha note together with said deed of trust with ill its right title and interest in and to the same to joseph D jones who ia now the owner and holder of said note and interest and whereas the sa d joseph D jones 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 the eaid deed of trust and by the terms of which deed be 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 the first part and whereas tha holder of said note has requested the trustee to beell paid real estate according to the terms and conditions contained in eaid deed of truet now therefore public notice is hereby given that the unde weDed 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 jn provisions of baid deed of arnet willieu wille eU the above deoch bed mal estate at public to the hitch cat bidder for acsah at the bandine bonse of the coulty savings bank in city on saturday Dece jober 1894 at 12 noon danfor the purpose of the of said trust including a reasonable coni penia tion to the trustee end for attorneys feea and pacing principal and interest including taxes and fult carrying out the conditions condi tiona in paid deed of trust contained dated nov J P Tru atea BALE whereas the provo theatre company a corporal on of utah county utah executed and delivered ia tain trust deed bearing dato the first day of march A D 1892 to james H bacon trustee to secure the pay irant 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 aud payable on ojue lat dav of march A D 1894 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 the county oi utah and territory of utah in book 17 of arnt deeds on page 61 etc of the records of said office and given upon the following de premises situate in said utah county to wit begin at the cartti west corner of lot three 3 in block six ty seven 67 plat A provo city survey run thence east one hundred and aix feet thence south seventy three 73 feet thence west one hundred and twenty six feet thence north lavanty three 73 feet to the place of beginning and it is provided in eaid trust deed amone other things that in case default he made in the payment of eaid note bat then eaid trustee shall sell and dispose of said premie ea or any and all the right title benefit and equity of redemption of the said company their heirs and assigns therein either in mass or in parcels as the holder of i ote may prefer at public auction at the front door of the court house in said county of utan for the highest and best price the same will briix in cash after giving thirty days previous oue notice of such sale by publication in any newspaper at such time published in said county of utah and to make execute acl knowledge and deliver tc the purchaser or eTs at suet sale good and sufficient deed or deed 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 i and whereas the legal owner and holder of said note has requested said trustee or his successor in trust to and beell said premises in pursuance ol 01 the power and authority in him vested in and by said trust deed and now therefore public notice is herboy given that I 1 james H bacon trustee aa aforesaid will on monday the alst dav of decemver Dece moer A D at eleven ft m of raid day at the front north acor of ahe county coart house 0 utah county in provo city in faid county sell eaid all the right title benefit and equity of redemption 0 said company its and assigns therein or thereto beira tin and best price the same will bring in caan and will make execute acknowledge and deliver to the thaser pur at said eale and good sufficient deed or deeds of ance for the premie ea sold convey A A Wco U 1118 day OI 01 november BACON |
Reference URL | https://newspapers.lib.utah.edu/ark:/87278/s6572g8m/1483904 |