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Show " NOTICE OF TRUSTEE'S SALE, "WiiekeAs, Dennis Sullivan and Margaret Sullivan, his w ile, on tue j 2oth day of April 1S93, made, executed and delivered to the Middlesex Banking Bank-ing company, a corporation organized and existing under and by virtue of the laws of Connecticut and doing business bus-iness in Utah county, Utah territory, iieir certain promissory note in writing writ-ing of that date for the principal sum of $l,l00. due and payable on the first day of May, A. D. 1898 with interest thereon sit the rate of six per cent, per annum from the date thereof until maturity, payable semi-annually as lollowt: Forty-nine and 60-100 dollars pa able on the first day of .November 1893 and forty-eight dollars on the first day of each succeeding May and No vember thereafter, the principal oi said note, alter maturity, and all interest not paid when due to bear interest at the rate of twelve per cent, per annum lrom the time due till paid, the princi pal and interest being payable at the office of said, The Middlesex Banking company, in Middletown, Connecticut. Also a certain other promissory note for the sum of $321.05 of even date with o r said principal note payable in install ments as follows: Thirty-tnree and 05-100 dollars on November first 1893, and thirty-two dollars on the first day of each succeeding May and November Novem-ber thereafter, until the full sum of $321.05 his been fullv paid, the last installment in-stallment being due on the first day o Mav IS'.iS. each installment bearing Interest at Ue iU ol twelve per cent. per anuum after maturity until paid, and b t u of caid notes being payable at the office of said, fhe Middlesex Banking Bank-ing c m ..any, ai Middletown, Connecticut. Connect-icut. And WiiKUEAS, It is provided in said notes, that if dtiault tbould be made in the payment of any one of the installments in-stallments of interest or principal a8 above set tortn, then the said principal prin-cipal sums, with all arrearages of interest, inter-est, should at the election of the holder thereof become at once due ond payable, paya-ble, such election to be made at any time after defau.t, an i without notice. That to tecure the pajrnent to said, The Middlesex Banking company, of said notes and interest as specified therein, the said Dennis Sullivan and Margaret Sullivan, his wife, on said 25lh day of April A, D. 1893 made, executed ex-ecuted and delivered to William II. Dale, trustee for said, The Middlesex Banking company a certain Deed of Trust, conveying to him in trust for 6aid company the following described rval estate, situated in Utah county, Utah territory, to-wit: The southeast quarter () of section twelve (12), townsuip eight (8) south of range one (1 ) east. Salt Lake meridian, together witn all the rights of the use or i he water for irrigating said premises, prem-ises, and lor domestic use thereon to which the parties ot the first part in said Detd of Trust or the premises thereby conveyed are now or may hereafter become entitled, en-titled, or wnich now" are or may hereafter here-after be used on eaid premises however, how-ever, the same may be evidenced, and together with all shares of Btock or shares - of water, m any ditch or irrigation compauy, wmcn in any manner man-ner entitle Uie Said parties of the first part to water for irrigation or domestic do-mestic purposes uDon said premises, which said Deed of Trust was afterwards after-wards duly filed for record in the office of the County Recorder of Utah County, Utah Termor, on tne Fourth day of May 1893 and thereafter duly recorded in Book "17" of Mortgages at page 537 of said records in said county. Whekeas, It is proyided in said Trust Deed that in case ot default on Uie payment of said notes or any part there-ol, there-ol, or the interest thereon according to tne terms thereof, or in case oi the breach of any of the agreements or covenants therein mentioned, and Whereas, It is furthe"r provided in said Trust Deed, that in case of default de-fault in the payment of any one oi the installments of principal or interest of baid notes or in case the first partieB therein should fail to preserve, protect aud 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 said territory of Utah, against said premises or any part there-, of, and to pay when due all assessments assess-ments on the ditch or water rights or shares of 6tock thereby or otherwise conveyed to secure the said notes, and in case of failure so to pay such sum or tuma 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 .hi sum or sums of money which case specified with interest from time ot bucn payment at twelve per cent, per aunum shall be immediately due and payable, and shall become so much additional indebtedness secured by said 1 rust Deed ; that tneu and in eitner or any such cases the whole sum of said promissory notes thereby secured and interest thereon as agreed, shall at the option of the legal holder of said notes, or any one of them, become immediately immedi-ately due and payable without notice and such holder may proceed to collect the same under said Trust Deed or other lse as they may elect, or in any caeens above provided, the saio trustee is authorized aud empowered to enter upon, pe;sess,hold and enjoy the above premises, and either witu or without such entry, to sell and dispose of the said premises, and all water or irrigation irriga-tion rignts atoresaid, or shares of stock in any ditch or irrigation company ,and all the right, title and benefit and equity of redemption of the first parties therein at puoiic auction, at the front uoor of the county courthouse where tiie said premises aresituated,oron said premises or any part thereof, as may be specified in the notice of such sale, for the highest and best price the Eame will bring in cash, at least four weeks notice having been given of such sale by advertisement, published once a wtek in any daily or weekly news paper at that ti e published in the county in which saia premises, or any prt thereof, are situated,and to make, execute and deliver to the purchaser or purchasers, at such sa e, good aud sui ficient deed or deeds of conyeyance f jr the premises sold, and out of the proceeds pro-ceeds ot cucu sale snail pay: First, all charges and expenses of executing this trnst. Second, the debt and all other bums of monev due or to become due tnereunder, with interest, including a commission of five per cent, to the trustee for his services and his costs and expenses and the additional sum ul five per cent, on such deot us attorney's attor-ney's fees,and third, to render the overplus over-plus (if auy) unto the first parties therein, on reasonable request. And Whekeas, Default has been made in payment ot the interest on said principal princi-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 1894. amounting to the sum of forty eight dollars, also the sum on said installment note amounting to thirty-three and 05 100 dollars which became be-came due on the first day of ?sovember A. D. 1893; also the sum due or said installment in-stallment note, amounting to thirty-two thirty-two dollars which became due on the first day of May 1694 and interest due and accrued thereon since said dates at the rate of twelve per cent, per annum, and default has also been made n the 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, tLe owner and holder of said notes, was obliged to pay ana aia pay on tneitnaayoi J inuary A. D. 1894. And Whereas, default has been made in the payment of the assessment levied on September 19th 1893 upon eighty-shares eighty-shares of water stock in the Lake Shore Irrigation company, certificate Xo. 25, amounting to the sum oi $13.50, which said sum The Middlesex Banking Company Com-pany was obliged to and did pay on the 23lh day of December 1893, aud which paid water stock was part of the se curity conveyed to said trustee in said Deed of Trust. And Whereas, the said The Middlesex Banking Company, the owner and holder of said notes, has elejted and dues 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 beam due and payable on the first day of November Novem-ber 1893 and the first day of May 1S94, respectively, and by reason of the non payment of the taxes es above set forth and also by reason of the non-payment of the water assessments levied upon said water stock as above set forth, whereby the conditions of said trust I'ave b-en broken,and Baid The Middle-Sex Middle-Sex Banking Company has made writteu application to the undersigned as trustee in said Deed of Trust to advertise adver-tise and sell said property, described in said Deed of Trust, in accordance with the terma and provisions in said Deed of Trust contained, and out of the proceeds of such sale first, to pay all charges and expenses of executing said trust; second the debt and all other sums of money due or to become due thereunder, with interest, and third, to render the over-plua (if any) unto the first parties in said Deed of Trust, their legal representatives or assigns. Now Ihebevore, public notice is hereby given that on Tuesday the 12th day ot J une 1894 at 12 o'clock noon of said day at the front door of the county courthouse in Utah county, Utah territory, terri-tory, I. Wiliiam II. Dale, as trustee named in said Trust Deed, wiil sell said above described land, and in said Deed of Trust described, together with all the right, title, interest and equity of redemption of the said Dennis Sullivan Sul-livan aud Margaret Sullivan, his wife, their heirs and assigns therein, together to-gether with said water right as above set forth to the highest and best bidder for cash in hand, for the purpose of paying off Baid 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 all other expenses for carrying out the provisions of said Trust Deed. Terms of sale cash. Dated this 12th day of May 1894. William 11, Dale, Trustee. Chas. "W. Boyd, attorney for trustee |