The Lamar register., 1891-11-21
TRUSTEES SALE.

WHEREAS, Benjamin Stewart and Mar.
j. Stewart his wife, of the county o.
Prowers, State OF Colorado, did by then
certain deed of trust dated the second day
of September, A. d. 1889, duly recorded IL
the office of the county clerk and recorder
of said Prowers county on the twenty sev
enth day of September, A. ID. lsss, in bool
20, on page Sl4, OF the records OF the saie
county, convey TO Henry j. Page as trustee
the following described property, situate,
lying and being in the said county of Prov
ers and State OF Colorado, to-wit;
The northeast quarter 60 OF section
twenty-five (22l in township twenty-five.
(s2) south, Of range forty-five (45l west OF
the sixth (6) principal meridian; contain
ing one hundred and sixty (lt0) acres
more or less, according to the United States
government survey, together with al
water rights, to secure the paymen'
of the said Benjamin Stewart and Mary J.
Stewards promissory note. dated Septem
Der End, A ID. 1859, for the sum Of two hun
dred and ten dollars CS2l0l and payable tC
the order of the Kansas Loan and Trust
Company, as in said deed OF trust de
scribed; and
Whereas, It is provided in said deed OF
trust, that the same is subject TO a prior
trust deed to the said second party securing
note for fourteen hundred dollars (sl+Jol
dated September 2nd, a. ID. loog, and pay
able to the order OF e NJ. Sheldon hye tol
years after date; and
Whereas, 1t is stipulated in said trust
deed that whenever said prior trust deed
by its terms becomes due and payable, ethel
by default IN payment of interest or other
wise, or in case said first parties shall fail
TO pay any installmeut thereof when the
same becomes due according to the condl,
tons of said second trust deed, then, in
either case the whole sum of money here
by secured shall become due and payable
at the election of the holder thereof with,
out notice Of said election to the said first
parties; and
Whereas, default has been made in the
payments OF interest due September End,
A ID. 1890, March End, A. d. lsPl, and Sep
tember End, A ID. lS4l, on said note Sc
cured by first trust deed, and default has
been made in the payment of the install
ments due September End, A ID. lssO,
March End, A ID. 1891, and September md,
A. d. 1891, on said note secured by said
second trust deed, and the legal holder OF
said note having elected TO declare the
whole of said principal sum and interest
thereon due and payable according to the
terms of said second trust deed; and
Whereas, said trust deed provides that
in case of the death OF the said Henry J.
Page, trustee, or his inability or refusal to
act, the legal holder OF said note may ap-
point and substitute any other person as
trustee 10 act instead OF the said Henry J.
Page, who shall thereupon be the successor
OF the said Henry Page to the titles OF said
property, and the same become vested in
him in trust for the purposes and objects
Of said trust deed, and who with all the
powers, duties and obligations thereof,
may proceed to sell the property and ans
and every part thereof, at public yendue,
to the highest bidder, at north door Of the
court house in the city OF Denver, county
OF ArapGhoe, state of Colorado, for cash,
! first giving thirty 80 days public notice
Of the time, terms aud place OF sale, and
of the property 10 be sold, by advertise
ment in some newspaper printed and pub.
lished in the county where the premises
are situated; and
Whereas, Henry J. Page has refused TO
act as said trustee, and the said The Kan
sas Loan and Trust Company, the legal
holder of said note, in consideration OF the
| premises, have by their certain deed OF
appointment dated the tweHty-thi-d day OF
March, ID. disappointed and substituted
Charles W. Aldr9ch as trustee to act in
stead Of the said Henry J. Page, with al
the powers, duties and obligations given
, and imposed by said trust decd.
Now, therefore !, Charles W. Aldrach,
| successor in trust al tie request of the
| legal holder of said note, and by virtue OF
the power and authority in me vested by
the terms OF the said trust deed, Is sucCes-
sor in trust TO the said Henry J. Page, will
| on Tuesday, the first day Of December, A.
ID. ls9l, at the north or the fremont street
| door OF the court house Ia the city of Den
yer, county Of Arapahce, state Of Colorado,
at 10 o'clock in the forenoon Of the said
day, sell the above described real
estate al water rights, and. all the
| right, title, benefit and equity Of
redemption Of the said party OF the first
part in said deed Of trust mentioned, their
heirs and assigns, at public auction for the
highest and best price the same will bring
| in cash for the purpose Of paying said in
debtedness and all costs, reasonable at
torney fees and commissions. Of the said
party Of the second part, and all other ex-
penses Of executing said trust, subIect,
however, to said prior trust deed OF four
teen hundred JsIsUJl dollars.
Dated this .Oth day OF October, A. ID.
1881. CHAHLEs ". ALuEAcu,
Trustee as Aforesaid.