The Lamar register., 1893-03-11
TRUSTEES SALE.

WHEREAS. Milo r. whaley and Cora z.
w Whaley did by their certain deed of trust
October 7th. iss.. in book at page ~ Of the
records in the office of the clerk and recorder Of
Pro~crs county, state OF Colorado. convey To
Frank h Atkins, as trustee. the following de-
scribcd real estate situate in said Provers
county. Colorado, to-wit:
The east one-haf "a of tho southeast quar-
ter % OF section twenty-eixht t2s) and the
northeast quarter ( ~ OF the northeast quarter
lS.l Of section thirty-three l;sl all being in
township twenty-three l23l south, of rane;t,
forty-four IA west of the sixth principal meri-
dian, together with all water rights appertain-
ing thereto, all of said land, however. except
the north ten tl0l acres of the rtheast quarter
a Of the northeast quarter l of said section
thlrty-thrce and It's appcrtaining water right,
being subject to a prior deed Of trust for $3.50
which said conveyance was made in trust to Sc
cure to the order of the Lombard Investment
Company the payment of one certain promis-
sory note for the principal sum of seventy dol
lars 80 made by the said Milo +. Whaley and
day Of April. 4. b. isss, with interest ' Thereon
from the maturity thereof. at ten per cent per
annqm. payable semi-snnnally; and
that in case of default in the payment of said
promissory note or any part thereof the in
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 promises and all the right, title. benefit
and equity OF redemption of the said Milo F.
whaley and Cora E Whaley, their heirs and
in the manner aud for the purposes in said trust
deed stated. after first giving four weeks public
notice, 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
case of the death, resignation. removal or alb
sence from the state of Colorado. or 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
n 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 as such
whereby the undersigned T. N. Tate. acting
sheriff of said Prowers county, has become and
is successor in trust;
Now, Therefore, notice is hereby given that 1,
Provers 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
OF trust, will on Wednesday, the 18th day of
April, A. D. l6ea at the hour OF 10 o'clock in the
forenoon of said day, sell such interest in
the above described property as by virtue of said
benefit and equity of redemption Of the said
Milo +. Whaley and Cora Z. Whaley, their heirs
and assigns therein, at public auction for the
highest and best price the same will bring 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 9th, 1893.