St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-03

VIZ HEREAs, DEFAULT HAS BEEN
w made in the conditions of a certain
mortgage executed and delivered by Hugh Il.
Montgomery and Lizzie E. Montgomery. his
wife, of st. Paul. Minnesota, mortgagors. to
Walton w. Evans, of New Rochelle, New
York. mortgage, dated the twentieth
day of March, A. d. eighteen hundred
and eighly-fve, and recorded in the Office
of the Register of Deeds of the county
of Ramsey, in the state of Minnesota. on
the 26th day of March, A. d. 1885. at 20
o'clock p. m. in Book ''9l'' of Mortgages, on
page IL, of the records of said county; and
which said mortgage was given 10 secure the
payment OF two several principal notes,
bearing even date with said mortgage, one
for four thousand dollars. due March Goth,
A. ID. 1890. and one for two thousand dol
lars, due March 10th, A. ID. 1890, and inter
est on said two principal notes at the rate of
eight per cent per annum, payable semi-an-
nuaily, thereafter, on the 2Oth days of March
aud September of each year. according to the
terms and conditions of ten coupon interest
notes. attached to each OF said two principal
notes; and which said principal notes. and
said coupon interest notes, were payable with
interest thereon after the maturity thereof.
until paid, at the rate of eight per cent per
annum, and which said principal notes, and
coupon interest notes. are fully described in
the said mortgage; aid by which said mort
gage the said mortgagors bargained, sold and
conveyed to said mortgage, and unto his
heirs and assigns, all and singular those GER
tain tracts and parcels OF land situated,
lying and being in said Ramsey county, State
of Minnesota, and therein described as fol
lows, to wit; All OF lots numbered one az,
two ~, twenty-one CD, twenty-five (22),
twenty-three (23), and twenty-four CA, in
block numbered twelve Q2). of Stinson.
Brown & Ramseys Addition to st. Paul, ac-
cording to the recorded plat thereof recorded
in the Office OF the Register of Deeds for said
Ramsey county; together with all the heredi-
taments ana appurtenances thereunto be-
longing, or in any wise appertaining.
/ And whereas, before the delivery OF the
said mortgage, the said mortgage sur
rendered and delivered up TO said mort
gagors the said principal note Tor S2,HOO,
and all the coupon interest notes belonging
thereto: (.
And whereas, afterwards, the said mort
gagee, Walton W. Evans. departed this life,
leaving a last will and testament. which was
thereafter duly proved, allowed and admitted
to probate, in the surrogate court for west
chester county, in the state OF New York. on
or about Dec. "a, 1886; and Anna e. L.
Exams. Margaret Z. Zimmerman and Richard
s. Emmett. the executors therein named,
were duly appointed and qualified as the ex-
ecutors of the said will of said deceased by the
said surrogate court And afterwards, on Jan.
3, 1887, a duly authenticated copy of the
said letters testamentary were duly filed for
record in the office OF register OF deeds for
said Ramsey county, and were then duly re-
cords, on page 362, of the records of said
Ramsey county.
And whereas, afterwards, by an assignment
in writing, dated May 4th. A. ID. 1888. and
recorded in the Office of Register of Deeds
for said Ramsey county, on the 9th day of
May. A. d. 1888, at 80 O'Clock p. NJ, in
Book ''T'' of Assignments, on page 293 OF
said records, the said Anna e. |. Evans,
Margaret E. Zimmerman and Richard 5.
Emmett, as the executors. ETC., OF said Walton
w. Evans, deceased, did duly assign. sell,
transfer and deliver unto Anna E. j. Evans.
all and singular the said mortgage, and the
said principal note of four thousand dollars,
and all the coupon interest notes thereto be-
longing and which then remained unpaid.
And whereas, afterwards, by an instrument
of partial release in writing bearing GATE the
Dist day of August, A. ID. 1889, duly exc
cuted by The said Anna E. j. Evans, and de-
livered to the said mortgagors, and which
was afterwards duly recorded in the office of
said Register of Deeds. on August goth, A
d. 1889 in Book ''E'' of Partial Releases, on
page Az of said records, the said Anna u.
j. Evans, the assignee of said mortgage, did
duly release from the lien thereof, all and
singular the said lots twenty-one CID and
twenty-five (22), of said block twelve
Q2), as by reference to said partial release,
and the said record thereof, will fully appear.
And whereas. by the terms and conditions
of said mortgage, the said mortgagors did
thereby covenant and agree that until the
money secured by said mortgage should be
fully paid and satisfied, they would keep the
buildings erected upon said real estate in
sured in some incorporated ire insurance
company, approved by said mortgage, or
his assigns, against loss or damage by fire or
lightning, in at least the sum of nine thou
sand dollars. and cause the policies to be
made payable in case OF loss To SAID mort
gagee. or his assigns: and that on default
thereof that said mortgage Or his assigns
may effect the said insurance, and pay the
premium thereof. and that such premiums
thus paid should bear interest at the rate OF
ten per cent per annum, and that the same
should be secured by said mortgage, and col
ID In, tho mr. man
toned in the notes thereby secured.
And whereas, the policies of insurance on
said buildings expired on May %, 1890, and
said mortgagors neglected and refused to
pay the premiums for the renewal thereof,
and that by reason of such default and on
the 18th day of July, 1899. said assignee of
said mortgage paid the sum Of twelve dol
lars to the Hartford Fire Insurance Company,
of Hartford, Connecticut, and caused the
said buildings to be Insured by said insur-
ance company, in the sum of sixteen hun
dred1dollars, from May "a, 1890, to May "a,
1891, according to the conditions OF said
mortgage.
And there is now claimed to be DUE and is
due upon said mortgage the said principal
note of four thousand dollars, and the cou-
pom interest note for one hundred and sixty
dollars, which became due thereon on March
10th, 1890 with interest, on four thousand
one hundred and sixty dollars, from and
tsince said March 10th, 800, at the rate OF
eight per cent per annum. and also the sum
OF Twelve QOIarS, pdlu lOT iHSuTdHce DIS
aforesaid, with interest thereon from and
since July 18th, 1890 at the rate of ten per
cent per annum. Said sums so claimed to be
due. for principal and interest, amount at
this date to the sum of four thousand
three hundred and ninety-seyen dollars and
thirteen cents ga, 397.13).
| And no suit or proceeding has been insti-
| tlited or commenced. at law or otherwise. to
recover the debt now remaining due upon
said mortgage, or any part thereof.
Now notice is hereby given that by virtue
of a power OF sale contained in said mort
gage, and of the statute in such case made
| and provided said mortgage will be fore
closed by sale of the mortgaged premises
| therein described, and which remain subject
| to- the lien of said mortgage, at public auc-
| ton TO the highest bidder for cash at the
Fourth street front door of the court house
| In the city OF ST. Paul, in the county of Ram
| sey and state of Minnesota. on Tuesday the
| twentieth GOTH day of January, eighteen
hundred and ninety-One at ten O'Clock i'll
the forenoon, to satisfy the amount which
shall then be due on said mortgage, with the
interest thereon, and costs and expenses OF
sale, and seventy-five dollars of the attorneys
fee, as stipulated in said mortgage in case Of
foreclosure.
The premises described In said mortgage
and so to be sold are the lots, pieces or par
cells of land situated in the county of Ramsey
| and state of Minnesota, and known and de-
scribed as follows to wit:
All of lots numbered one ~, two a.,
twenty-three f23) and twenty-four (24), II
block numbered twelve az, of Stinson,
Brown & Ramsey's addition TO st. Paul, ac-
cording to the recorded plat thereof recorded
in the Office of Register Of Deeds tor said
Ramsey county, together with all the here
ditaments and appurtenances thereunto be-
longing, or in any wise appertaining.
ANNA Z. j. EVANS,
Assignee of Mortgagee
HARVEY OFFICER, Attorney for Assignee.