The Lamar register., 1893-04-08
TRUSTEES SALE.

WHEREAS. Milo F. Whaley and Cora F..
w Nhsley did by their certain deed of trust.
dated October lst, A; ID. lisp. and recorded on
records in the office of the clerk and recorder of
Prowers county. state Of Colorado. convey to
scribed real estate situate in said Prowers
county. Colorado. to-wif:
The east one-half 90 of the southeast guar
ter % OF section twenty-eight t2sl and the
ri of section thirty three 1851. all being in
forty-four lt4I west of the sixth principal meri-
dian. together with all water rights appertain-
ing thereto, Az ,n q said land however, except
I of the northeast quarter ! of said section
thIrty-three and its .appertaining water right,
beins subject to a prior deed Of trust for ssilJJ
which said convey ance 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 Is70l, made by the said Milo F. whaley and
Cora I, whal.y. due and payable on the first
day of April. A. ID. lsp2. with interest thereon
from the maturity thereof, at ten per cent per
snnum, payab semi and
Whereas, it Is Provided IN said deed of trust
that in case OF default in the payment of saId
promi-sory 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
and equity of redemption of the said Milo 4.
Whaley and Cora E. Nhaley, their heirs and
assigns therein, at public auction at the place
the manner anu tine purposes IN Safu tru>i
deed stated. after first giving four weeks public
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
mcnt 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 abb
sence from the state of Colorado. or the refusal
or failure TO act OF the said Frank h. Atkins,
the then acting sheriff of Prowers county. Colo
rado, shall be. and by said deed of tTust he IS.
in that event appointed and made Successor in
trust and new trustee, all the power and oethor-
ity by said deed of trust granted 10 said Frank
X 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 F. NJ. Tate. acting
sheriff, of said Prowcss county, has become and
/, successor in trust,
Now Therefore. notice is hereby given that l..
the undersigned y. NJ Tate, acting sheriff OF
Prowers county. Colorado. successor in truss 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 viii on Wednesday, the 18th day of
April, A. ID. 1898 at the hour of 10 o'clock in the
forenoon of said day, sell sach an interest in
the above described property as by virtue of said
deed of trust can sell aDd al the right, title,
benefit and e,suity of redemptfon of the said
Milo +. Whaley and Cora +. Whaley, their heirs
and assigns therein, at public aHction for the
highest and best price the same VIII brta9s IN
cash. at the front door of the coart hoase IN
Lamar in the county of Prowers and state of
Colorado, for the purpose of paylhg SAID prin-
cipal note all interest due thereon up to the
time of sale and all costs and expenses OF ex-
ccutiny this trust I. NJ TATE
Acting Sheriff of Prowers county,
Colorado, Successor in Trust
and new Trustee.
Dated: Lamar, Colorado, March 9Th, lsg1