| OCR Text |
Show -luTICE OF TRUSTEE'S SALE. , ... , I ekeAs, Dennis Sullivan and ij aiy 'tt "Millivan, his wile, on the 2oih Jay of April 1S93, made, ex cuted and Xelivered to the Middlesex Bank ing ( ouipany, a corporation organized aud t 'Xisting under and by virtue of the i aws ol Connecticut and doing due-iimm due-iimm in Utah county, Utah territory, their certain promissory note in writing writ-ing i. f that date for the principal 6uni of $I,GU0. due and payable on the iirst day tf May. A. D. 1S9S with interest therlon Ht the rate of six per cent, per ancim from the date thereof until maturity, payable eemi-annually as folloWs : Forty-nine aud GO-100 dollars pav able on the" first day of November 1893 and forty-eight dollars on the first day of each succeeding May and No ve ruber thereafter, the principal oi said cote, alter maturity, and all interest IDot paid when due to bear interest at - -lixate of twelve per cent, per annum froL1 """""y.ime due till paid, the princi pal jterest being payable at the office paid, The Middlesex Banking com; i in Middletown, Connecticut. Albi certain other promissory note I for t '.e eum of $321.05 of even date with said principal note payable in install-' I men s as follows: Thuty-three and I 05-K J dollars on November first 1893, !and :inrty-two dollars on the first day of e. ch succeeding May and Novem ber aerealter, until tile full sum of $321. Jj his been f ullv paid, the last in- stdln nent being due on the first day of I May flb'JS, ;each installment bearing i interest at the rate of twelve per cent, per annum after maturity until paid, and both of said notes being payable at the office of said, The Middlesex Banking Bank-ing company, at Middletown, Connect-f Connect-f I icus, And if V hekeas, It is provided in said ft no' 9, that if default should be made I in t ,e payment of anyone of the iu- I staimentsof interest or principal as &W e set l'rtn, then the said prin- f cip sums, wit. i all arrearages of inter- I est, jhould at the election of the holder I the! eof become at once due ond paya- I bit such election to be made at any ! timie after det'au.t, an 1 without notice. Thsit to tecure the payment to eaid, The Middlesex Banking company, of said notes and interest as specified tht-rein, the Enid Dennis Sullivan and Margaret Sullivan, his wite, on eaid I i5lh day of April A. D. 18:3 made, executed ex-ecuted and delivered to William II. Dale, trustee for said, The Middlesex I Banking company a certain Deed of i Trust, conveying to torn .n trust for f I eaid company the following described I real estate, situated in Utah county, Utah territory, to-wit: The southeast quarter (i) of section I I twelve (12). township e'ght (8) south of d I Tange one (1) east. 6a. t JLaue meridian, I togctb.tr with all the right.- of the use I of the water fur irrigating paid prem- isee, and for domestic use the;eon to I which the partieB of the first part in jgald letd pt ;Trmt OP the premises thereby conveyed are now or may hereefter become en titited. or which now are or may here after be used on said premises, bow ever, the same may be evidenced, an together with all Bhares of stock or shares rof water, in any ditch or irriga'ion company, which in any manner man-ner entitle the said parties of the first part to water for irrigation or domestic do-mestic purposes uDon said premises, which said Deed of Trust was after wards duly filed for record m the office of the County Recorder of Utah Countv. Utah Territory , on the Fourth day of May 1893 and thereafter duly recorded in Book "17" of Mortgages at page 537 of said records in said county. Whereas, It is provided in said Trust Deed that in case ot default on the payment of said notes or any part thereof," there-of," or the interest thereon according to the terms thereof, or in case of the breach of any of the agreements or covenants therein mentioned, and Whereas, It is further provided in eaid Trust Deed, that in case of default de-fault in the payment of any one of the installments of principal or interest of eaid notes or in case the first parties therein should fail to preserve, protect and prefect all water rights thereby conveyed or to pay before the same shall become delinquent, all taxes or assessments that may become chargeable charge-able within the Paid territory of Utah, against said premises or any part there ot, and to pay when due all assessments assess-ments on the ditch or water rights or shares of etock thereby or otherwise conveyed to secure the said notes, and in case of failure so to pay such sum or sums cr so to pay said taxes or assessments, assess-ments, the said Trustee or his successors succes-sors may pay such taxes or assessments and thi eum or sums of money which mav be paid by said Trussee in any case specified with interest from time of such payment at twelve per cent, per annum Ehall be immediately due and payable, and shall become bo much adc itional indebtedness secured by said trust Deed; that then and in either or any such cases the whole Bum of said promissory notes thereby secured and I interest thereon as agreed, ehall at the option of the legal holder of eaid notes, or any one of them, become immediately immedi-ately due and payable without notice and euch holder may proceed to collect the same under said Trust Deed or otherwise as they may elect, or in any case as above provided, the sia trustee '8 authrizad and empowered to enter upon, pe sees. hold and enjoy the above premises, and either with or without such entry, to sell and dispose of the said premises, and all water or irrigation irriga-tion rignts aforesaid, or Bhares of stock in any ditch or irrigation comDany,and all the right, title and benefit and equity of redemption of the first parties therein at public auction, at; the front door of the county courthouse wbsre the said premises aresituated,oron eaid premises or any part thereof, as may P9 jpecifiad la th? notice pf fugh pal, for the highest and best price the same will bring in cash, at least four weeks notice having been given of such sale by advertisement, published once a week in any daily or weekly newB . paper at that tire published in the county in which said premises, or any part thereof, are 6ituated,and to make, execute and deliver to the purchaser or purchasers, at such sa'e, good and sufficient suf-ficient deed or deeds of conyeyance far the premises sold, and out of the proceeds pro-ceeds of such eale shall pay : First, all charges and expenses of executing this trust. Second, the debt and all other .sums of monev due or to become due thereunder, with interest, including a commission of five per cent, to the , trustee for his serv!cea and his costs and expenses and the additional sum of five per cent, on sucli debt as attorney's attor-ney's fees,and third, to render tne overplus over-plus (if any) unto the first parties ) therein, on reasonable request. And Whereas, Default has been made in payment or the interest on said priuci pal note due on the first day of November, Novem-ber, A. D. 1893, amounting to the sum of forty nine and 60 100 dollars, also the sum which became due on the first day of May 1S94. amounting to the sum of forty eight dollars, also the sum on said installment note amoanting to thirty-three and 05 100 dollars which be-CHtne be-CHtne dn on the tirt day of November A. I). 1893; also tt.e sum due or said in Bialiment note, amounting to thirty i two dollars which became due on the first day of May 1894 and interest due and accrued thereon since said dates at the rate of twelve per cent, per annum, and default has also been made in tne payment of taxes, assessed and levied upon said property described in said Trust Deed amounting to the sum of $15.80, which said The -Middlesex Banking Company, tte owner and voider of said notes, was obliged to pay and did pay on the 12th day of J muary A. D. 1894. And Whekeas, default has been made in the payment of the assessment levied n September 19th 1893 upon eighty shares of water stock in the Lake Shore Irrigation company, certificate Ho. 25, amounting to the sum ot $13.50, which said eum The Middlesex Banking Company Com-pany was obliged to and did pay on the 28th day of December 1893, and which said water stock was part of the security se-curity conveyed to said trustee in said Deed of Trust. And Whereas, the eaid The Middlesex Banking Company, the owner and holder of said notes, has elected and does elect to exercise the option given it in said notes to declare the whole principal note and installment note due and payable, by reason of said default de-fault in the payment of said interest and installments which became due and payable on the first day of November Novem-ber 1893 and the first day of May 1894, respectively, and by reason of the nonpayment non-payment of the taxes as above set forth and also by reason of the non-payment of the water assessments levied upon said water stock as aboye set forth, whereby the conditions of Baid trust have buen broken, and said The Middlesex Middle-sex Banking Company has made written application to the undersigned -t as trustee in said Deed of Trustjio adver-t adver-t Be and sell said property, described in said Deed of Trust, in accordance with the terms and provisions in Baid Deed ot Trust contained, and out of the proceeds of such sale first, to pay ail charges and expenses of executing said trust; second the debt and all other Bums of money due or to become due thereunder, with interest, and third, to render the over-plus (if any) unto the first parties in said Deed of Trust, their legal representatives or assigns. Now Therefore, public notice is hereby given that on Tuesday the 12th dd.y ot June 1894 at 12 o'clock noon of said day at the lront door of the county courthouse in Utah county, Utah territory, terri-tory, I. William II. Dale, as trustee named in Baid Trust Deed, will sell said above described land, and in said Deed of Trust described, together v iih all the right, title, interest and equity of redemption ot the sa:d Dennis Sul livan and Margaret Sullivan, his wife, their heirs and assigns therein, together to-gether with eaid water right as above set forth to the highest and best bidder for cash in hand, for the purpose of paying off said notes and the amount expended in the payment of taxes and water assessment, together with the costs and expenses of executing this trust, including attorney's fees, and trustee S.fees and another expenses for carrying out the provisions of said Trust Deed. Terms of sale cash. Dated this 12th day of May 1894. William H, Dale, Trustee. Chas, "W. Boyd, attorney for trustee. |
