The Lamar register., 1893-03-25
TRUSTEES SALE.

WHEREAS, Milo F. whaley and Cora 4.
Whaley did by their certain deed of trust.
October It'll. 1859, in book at page Ig of the
records in the Office OF the clerk and recorder of
Prowers county, state of Colorado, convey to
Frank h. Atkins, as trustee, the following de
scribed real cstate situate in said Prowers
The east one-half 90 of the southeast quar-
ter lA) OF section twenty-eight t2s) and the
northeast quarter ~ Of the northeast quarter
township twenty-three t23l south. of range
forty-fonr "a west OF the sixth principal meri-
ing thereto, all of said land however. except
the north ten tl0l of the mort heast quarter
II of the northeast quarter \ of said section
being subject to prior deed of trust for sslU.l
which said conveyance was made in trust to Sc
cure TO the order Of the Lombard Investment
Company the payment Of oae certain promis-
.ory mote for the principal sum Of seventy dol
lars lsiOl. made by the said Milo +. Whaley and
Cora E Whaley, due and payable the first
day of April. A.. ID. 1897, with interest thereon
from the maturity thereof. at ten per cent per
annum. payable sem-annually; and
Whereas, IT Is provided in said deed of trust
that in case of default in the payment of said
promis-ory note or any part thereof or the in
terest thereon according to the tenor and effect
Of said promissory note the said trustee or his
successor in trust shall, upon the application of
the legal holder Of said note, sell and dispose of
said premises and all the right, title, benefit
Whale, and Cora T. Whaiey, their heirs and
assigns therein, at public auction at the place
in the manner aud for the purposes in said trust
notice, as particularly provided for in said deed
OF trust. reference to which is hereby made for
greater certainty: and
Whereas, Default has been made in the pay
ment of said note and all interest thereon and
the same are long past due and unpaid; and
Whereas, said deed of trust provides that in
of the death, resignation. removal alb
ssnce from the state of Colorado, OF the refusal
or failure to act of the said Frank X. Atkins,
the then acting sheriff of Prowers county. Colo
RADIO, shall be. and by said deed of trust he is,
in that event appointed and made successor in
trust and new trustee, all the power and author
ity by said deed of trust granted to said Frank
h Atkins to accrue TO and be exercised by said
new trustee; and
Whereas, said Frank X. Atkins has resigned
as such trustee, and refuses TO act such,
whereby the undersigned F. NJ. Tate. acting
sheriff of said Prowcrs county, has become and
is successor in trust:
Now, Therefore notice is hereby given that /,
the undersigned +. NJ. Tate, acting sheriff of
Prowers county, Colorado, successor in trust at
the request of the Lombard Investment Com
pany, the present legal holder and owner of said
note and under and by virtue of the power and
authority in me vested by the terms of said deed
of trust, will Wednesday, the 18th day of
April A. ID. 1898. at the hour of 10 O'Clock in the
forenoon of said day. sell such an interest in
the above described property as by virtue of said
deed of trust can sell. and all the right, title
benefit and equity of redemption of the said
Milo +. Whaley and Cora +. Whaley, their heirs
and assigns therein, at public auction for the
highest and best price the same Will bring in
cash. at the front door OF the court house in
Lamar, in the county of Prowcrs and state Of
Colorado. for the purpose of paying said prin-
cipal note all interest due thereon up to the
time of sale and all costs and expenses of ex-
ecuting this trust +. NJ. TATE,
Acting Sheriff Of Prowers county,
Colorado, Successor in Trust
and new Trustee.
Dated: Lamar, Colorado, March sth, 1888.