Provo Daily Enquirer | 1895-09-30 | Page 3 | General Articles

NOTICE f in tu f in andlor gald bointy coi nty n tins matter of the estate ol 01 samuel order causa why birder ol 01 real estate ni t be anade jehae obbo 01 camuei ariit deceased having d bis petition of eale w irid for ane get it la ordered by aha judee ot dalri court that all ed la teiei ewt appear before alie bail robetta court oc the ath day of r 1895 at 10 in ahto anoon ot aid day at court probate court at the court house la provo city courty ot utah to choir why an order hould not he granted to ane booth 0 o much of aba real estate nt ibe alda amael piatt da lemed a should be nece aary and tuat azorr c abla ur darbe libed at in THE a newspaper i printed published la aid utah county N ailS SS fl coasty of otah a LS als L jonad th probate Territory ol anaf the la a roll artie and correct copy ot tn order of aio of real belale not t made in iba aru bow on flie and ol 01 record la my office p mylund anil att xay office in city alaj 0 v sept y A D iga TRUSTEES SALE whereas benjamin kirkham and james kirkham both unmarried by their deed of frustrated may duly acknowledged and recorded in alio office of the county recorder of utah county utah on day of book 15 0 mortgages on paa 53 conveyed to the un der signed as trustee the following described land and premises situate in provo city utah County Utah baund edana described aa follows to wit commencing 9 roda of the eabe cornar ot block plat A provo cita survey of building lots thence couth G west 3 rods athance horth 6 roda thence east 3 rods to place of of description otherwise as tho west of piat A aforesaid in the county and territory of utah area square rods of grounding gro trust however to i the payment ofa certain promissory note i therein described tor pun dred bollaro Dol laro dated may 1892 and delivered by james kirkham and beejamin Beu jamin ku kham to provo commercial and savings bank and payable at tho provo commercial and bank in provo city utah one year after date with interest on at tha rato of 11 per horn date until paid and whereas baig trust deed provided that in case default be made io tho oay ment ol 01 any of the there by eitnier principal or interest then baid deed in in dorco and the said party of iha eacona part orin death disability or absence from provo city or refusing to act or other of the party of tha second part anen the sheriff of utah county utah or any of hie deputies then acting may as anc of the party of the second part proceed to beell eaid described property pro party or any part thereof at pubic to tha highest bidder fot baah cither of the cartiea to said deed being nt liverty to become aba at auch sale at the banking house of said provo commercial end provo city utah first giving twenty days public notice of the tima terms and place of eaid eale and the property to be bold by advertisement in some newa paper printed in the english language langu aee and in eaid provo city and upon such sale said party of tho bec eec 1 cud pit or his Bucce eBor dball and deliver a deed or deeds in fee of the properly sold to tho purchaser or purchasers thereof and out ol 01 the proceeds of aale first to aay the expenses af said hiudt reasonable at torney ana counsel fees and bation to said trustee or eaid successor in trust for bis services cervices vices second to pay the amount paid by the said party of the third part its successors or assigns tor tasea insurance or mechanics liens under the covenants in said trust deed contained with one per cent per month interest thereon from the date of pay third to pay the account remaining unpaid on gaid note aboya described tho principal and interest toe interest up to ane dale ol 01 bale and fourth in the event ot their being a of such proceeds then to pay such to the parties oi tha first part their personal representatives or aaa igns fifth in case of the debich enca ot buch proceeds to state an aci ac i count credit the amount paid on eaid note and certify the amount of such de and whereas ibe aard note is past due aad rena ans wholly unpaid except the sum ot 00 together with the inter cat oa the balance of 00 aa in said note kr oded bince the day ot amounting in all to the aum whereat Where aa the holder of said note has requested the trustee to proceed to aall paid premises according to the terms contained in eaid deed of trust now aberi fore public notice ia beroa by given that the trustee in accordance with the terms and provisions obeaid deed of trust to which rocc ference ia hereby made and at the request of ahe owner aad holder 0 said note will sell the above described land and premises at public veadie to tha bidder for cash in the banking house of the provo commercial sav inea bank in provo city on monday the irth day ot october 1895 at 12 noon of alaid day tor tha purpose of the ot saia trust including Inc ludine a reasonable compensation to the trustee and his attorney sad for baying said interest and principal and tally carry out the termo contained in eald deed of dated at provo city this slat day of sept SMOOT trustee J W N attorney for Tro atea