OCR Text |
Show TRUSTEE'S SALE WHEREAS, Henry A. Kearns, and Ellen M. Kearns, his wife, by their certain Deed of Trust, dated November Novem-ber 6th. A. D. 1913, and recorded November No-vember 13th, A. D. 1913, in Book 49, of Mortgages, at pages 266, 267 and 268, in the office of the County Recorder Re-corder of Sanpete County. State of Utah, d id convey to Charles W. Boyd, i of Salt Lake City, Utah, Trustee, the ' following . described real estate situated sit-uated i.i Sanpete County, Utah, to-wit:- The Northwest quarter of the i Northw-st quarter (NW4 of NWV4) of Secti m six (6) in Township Twenty Twen-ty (20) South of Range One (1), East of Salt Lake Meridian, containing forty (40) acres, together with all the j rights to the use of water for irrigating irriga-ting sai l premises and for domestic j use thereon, and all shares oi stock or shar is of water in any ditch or irrigatu n company, in trust to secure the payment of the-note the-note of said Henry A. Kearns and Ellen M. Kearns, his wife, for the sum of Twelve Hundred and Fifty Dollar- ($1250), of even date with said D-;ed of Trust, payable to the "order oi The Middlesex Banking Company, Com-pany, & corporation of Middletown, Conned icut. due on the first day of November, A. D. 1923, with interest thereon at the rate of five per cent per anrum (5 pc), until maturity and 12 per cent (12 pc) per annum after maturity until paid; also a note of said Himry A. Kearns and Ellen M. Kearns. his wife, for the sum of Four Hundred Ninetv-nine and 30100 Dollars Dol-lars (S 199.30), of even date with said Deed c Trust, payable to said The Middlesex Banking Company, in installments in-stallments of Forty-nine and 30 1 100 Dollarc ($49.30) on the first day of November A. D. 1914. and Fifty Dollars Dol-lars (f-0) on the first day of each succeeding November until fully paid, with interest there on at the rate of twelve per cent (12 pc) per annum after maturity, subject to all the terms und conditions of said Deed of Trust, and, WHEREAS, said The Middlesex Banking Company has assigned both of saia notes, together with said Deed of Trurit, to the Middletown Trust Company, Trustee, which said Company Com-pany as Trustee is now the legal owner own-er ana holder of both of said notes, and, WHJ1REAS, it is provided in said Deed o Trust that in case of default in the payment of said notes or any parti ttereof or the interest thereon, or in case of the breach of any of the agreeir ents or covenants therein mentioned, the Trustee shall, at the request of the legal owner and holder hold-er thereof, sell and dispose of the above described premises and water-rights: water-rights: and all the right, title, benefit and eq.iity of redemption of said Henry A. Kearns and Ellen M. Kearns. his wife, their heirs and assigns as-signs therein at public auction, at the place and in the manner and for the purpose in said Deed of Trust stated, after having given four weeks publication notice of the time and place oi sale as particularly described describ-ed in said Deed of Trust, reference to which is hereby made for greater certainty, and, WHEREAS, default has been made in the payment of said note for $1250.01), which became due and payable pay-able November 1st, 1923, and in the payment of the interest thereon, which became due on that date, amounting to $62. 50; also in the payment pay-ment or" the installment of said note for $4:9.30, which became due on said first day of November, 1923, amount.ng to $50.00; also default has betm made in the payment of taxes, both general and special, which becomes due in each of the years 1921, 1922, 1923, and 1924, whereupon the entire amount of said indebtedness evidenced by said notes1 and Dsed of Trust, with interest thereon as therein provided, is now past due and collectable, under the terms and conditions of said Deed of Trust und the same remains due and unpaid: NOW, THEREFORE, notice is hereby given that I, Charles W. Boyd, Trustee, at the request of the present, leral owner and holder of said notes and under and by virtue of the power and authority in me vested by th? terms of said Deed of Trust, will on Saturday, the 8th dav of August, A. D. 1925, at the hour of three (3) o'clock, p. m., of said day, sell the above described property and watr rights and all the right, title, benefit and equity of redemption of said Henry A. Kearns and Ellen M. Kearns. his wife, their heirs and as-sisrns as-sisrns therein, at public auction for the hicrhest and best price, the same will bring in cash, at the front door I of the County Court House in Manti j city. Sanpete County. Utah, for the purpose of paying said indebtedness and all costs and expenses of executing exe-cuting this trust. CHARLES W. BOYD Trustee i First Publication July 9. 1925. Date of last publication Aug. 6. 1925 |