The Lamar register., 1891-12-05
TRUSTEES SALE

WHEREAS, The ArAahsA- i.i'ot -, -, -,
organized and existing under the iars ot f f.e
state Of Colorado,l did on the ssrd day ot ~, ~
ern6er in the year Of our Lord one th9assn1
s.,Ih, hundrSi aud ninety, by it, certain Ge-d oi
trust Of that date duly recorded IN me 9iiSs :,
the the County Clerk and heeotueI .. ,, ossro
t,onnty. in the state Colorado, on the t"snt1
srst tias ot April A. d. 1891. at o'clock and y
minutes A. NJ. IN book pase Sss OF the rseotus s
of said Otero County being netn',s-a ,i''-l
and K.cor,ier OF Ben: County in N. state 81
4 tTolarado on the thirtecuth dag Of May, 4 ~.
i,oi AT o'clock and Is minutes. L. NJ, IN e"Ss
= 80 ~ - ~ thr records Of said Bent County,
n.,,ug numbered S56S and duly r'scorded IN the
oftiee of tho County Clerk and ksoorurr % %
pr,,ysers County in the state OF Colorado. on
die tsath dsy Of ApTa. A. ID. isgi. al o'clock
4 M. in book at page 80 of the reecrds OF
said Prowers County being nnin ~ -,
,r,s.ss the foll,swin, described real estate, aad
property situate, lyinE and being IN the totn-
tles Of otero, Bent and soNeie, an" - Sii.s
OF Colorado, known and df-cfio~n a. aSa41ss
~ All the rights, priviless- and frAnehi.c- Io--
..,,sesd BY The Arkansas River Land. f.e-crfo4f
and CsnL Company by It's Articles ot lnoorpe,
alton and any and al rights, pFiEliescs ani
franchises thAE il has Aeq9ired 9f HiaY ts Aesalrs
rttian that has been made or hereafter may be
made also the entire ditch system OF said lie
Arkansas River Land heseTH9tr .d S.h.. ~
Otero Bent and Prowers. IN the state ut Se.o-
raeio taking it, water from the Arkansas hiNef
sions and improvements made thereto Including
tue ditch or bitches, right OF way, "Nrsrd % AS-
quired and eonstrassssi: s Sr "a pfejSs -. pses
Reservoir and the Queen Reservoir. AID AaJ
other reservoirs owned b. and pertaining 70
said ditch system, also all p1ildinss, ApptiAnegs
and Appurtsuancs- belon-ttng thereto, also Al
privileges beinS used or enjoyed In the build
ins, operation and construction OF said diten -
elqdins ali de rights Of ths ITrlsatias Canal IN
It's capacity a pubic carrier and All priYi,
leSes enjoyed or 10 be eniyyed A. vel a. Al
leases Of water rights roy atty or rey~nnrs being
4 drriyrsl th.refrosn, together With all nnd stnsu-
lar the Endorsements. fneoIne, revenue, adNan-
tase, heresiitancnts and app1rtsnAIee- t-e.'--.-
ing 10 said Canal System. sGbiect bo~eVrrt 10
the water contracts anil water dc-nsis heEetofore
executed and IN force bst~ecn tire pArff OF the
,to.si thai the water ri hts thereby sold shall te
and remain in the pnrchaserr unimpatred %
the eoaye5 sace hereby male. which SAL ga
yeyance was made in trust TO secure to the Cay
itol Investment COMPANY the IaJuaert Of err
tain prurissory note dated DSccmbcr --ru.
i;lsJ and descriisSi as follows
one nots for ave thaa.And dollar tss!crool,
one note for one Thousand dollAEs Ssl-rti5i, !,
one note for one thousand doiiArs tsa!ss9.i
Que note for one thousand tollArs ttl.eNltrl
one note for Eve hundr-si dollars tSoO.Jl y, and
oae note for Eve hundred dollar ssauf.l,
making total Of nine Thousand eoll@rs
Land. Reservoir add CanAl CoEIasy, al Of
said notes being duo and payable on the hrsi
day OF October, A ID. Issi, and bearing rHisrss'
WHrrr.s, said deed Of trust provide, thai IN
sory notes, or any part thereof. o< the ihfcrrst
thereon according tn the teoor And odcet o.
said note-, then i shall and may be lawful tor
said John r. NulyNne. trustee THE party Of ths
sceond part in said de-d Of trustl. OF his SEQ
ccssor in trust THE then acting shoria Of Pru~-
ers Countyl to .el AL 49, 2" ~ .i,l AN
Of redemption of said The Arkansas Aircr Land.
Reservoir and Canal Company lthr p>rtJ Of tho
Hrst part In said deed Of trustl. u. successor.
or assigns at public snetIou At tho Coari Honse
IN the County OF Provcrs IN the state OF inso-
RADIO, for the highest and best pries tn saaAs
ill bring In eash, thirty day. pabAe noSaas
havins. previously been sfvea OF tie time o'
such salo BY Advertisement IN Of tho nsws-
Beat and Prowers Counties, and 10 raake. exc
cute and deliver 10 the pnrchA-cr OF parrhA-ssrs
at such salo good and sufticteut deed or deeds
or sales 30 made shall bc = perpetual bar
both in law and equity against said Iae ArSAn-
sas River Land. Reservoir sad anal COMPANY.
its SUCCESSOR and assigns and all other perSoas
the premises Afore>Aid- OF any part
thereof. by, from. through or undcr snit The
Company OF any OF them, and the holder Of
said note notes may become the purchaser
Of said property or any part thoreof- Eafsrraoo
wHEKKAs, defaul, hs. been made in the
payments OF said progissory nots., the sad
October A ID. 1891. and no paymsats having
bern made thereon; and
WHKKKAs. on account OF the defaults in the
payments Of the promi-sory notes As aforesaid.
The Capitol Investment Company. the holtcf
and present owner OF said notes hath declared
said notes due and payable and hath reaaestet
the undersigned, John X. Aulyans, as trustee as
aforesaid 10 make sale OF the said property for
the purpose OF paying said notes, the interest
tliereun and the costs and expenses OF executing
this trust: and
WHERrAs, said deed Of trust provides that in
case OF death. resignation. removal or absence,
either temporary or p-srtnanfnt. from the state
of Colorado, or refusal or failure, or inability
Of tn. said John K. Mulvane 10 act. then the
then acting sheriff of Pro~ers County should be
and appointed and made successor in trust
with like power and authority the said John
R. Mulvsne, trustee, aud the said premises shall
become vested in such new trustee and the
granted to said John r. Aalyane should accrue
to and bc exercised by the said then acting
sheriff of Prowers County In the State of Colo
RADIO. the same to all intents and purposes as II
he had been made party OF the second part
when said deed of trust WAS executed.
Now THEREFORE, at the request OF the legal
holder Of said notes, ] John h Mulvane, as
failure to act, then the undersigned W. c. Nc
Curry, acting Sheriff OF Prowers County, Colo
rado. ms successor in trust as above stated. Will
on the SIXTH DAY OF JANUARY. A. ID. lse2,
House in Lamar, Prowers County, Colorado,
sell and dispose of all said property in said
deed OF trust mentioned and all the right, title,
benefit and equity of redemption of said The
Arkansas River Land. Reservoir and Canal
Company, its successors and assigns therein
forever public auction for the highest and best
price the same will bring in cash for the purpose
OF paying said promissory notes and the interest
this trust As In said decd of trust provided
JONI X MuLNANE. Trustee.
W. C. AcCuKRY.
Acting Sheriff Of Prowers County. Colorado.
IN Trus