The Lamar register., 1894-12-01
TRUSTEES SALE.


w NJ Slater did on the 3lst day of Jan
uary, \. ID. 1870, execute and denver TO the
lombard Investment Company tne,r esf,sir sf,sar
hund7ed (,i-5uo) dollars said note being alse
si.ned BY the Arkansas River Land, Reservoir
and Canal Company. ssid note being due and
payable February LIST. lssS and bearing interest
IRON its date until maturity at the rate OF sis
per cent per annnm payable semi-annuaus m %
the first days of February and August, a eNi
denced by interest coupons attached 70 sane
principal note and of even date therewlth and
bearing interest after its maturity at the rate
of ten per cent per annun, payable semi7,n
nually; and 49,.
Whereas, to secure said note and the interest
which should accrue thereon. the said Elwyr
NJ slater and Zilpha NJ. slater did on said da,
execute and deliver TO Frank h. Atkins as trus
t.e. and in case of his resignation OF retusal .
act then to the acting snerih OF Prowers coun
ty, in the state of colorado. as successor u
trust, their certain deed of trust winch wa
duty recorded IN the office of the clerk and rss
coruer of Prowers county. in the state OF Colo
RADIO, ON the 9th day OF February, A. u lsso, n
book at page 65 of said records. which saic
deed of trust contained the following descriI'
tlon of the property thereby sought 70 De eon
yeyed in said county of Prower- and state ol
The northeast quarter (sl of section mum
bcred thirty-five t55l. in township nuinbered
twenty-one l.l) south, range numbered forty
six t4o) west of the sixth principal meridian
except the west half M OF the south~es,
quarser ~ OF the northwest quarter ~ .,
land full paid perpetual water right Tor tive
and eishty-eisht one-hundredths q se,ivOl enoie
water second OF time IN the afkal-
sas River Land, Reservoir and Canal Com,
panys ditch. being the water right to said
land And. whereas. the description OF ths
property intended to be conveyed by said deed
OF trust is incorrect in this. that the west nan
90 OF the southwest quarter "a of the north
township twenty-one tzD south. range forty-six
(l6i west, intended by all parties to said
deed of trust to be excepted from the convey
ance of the northeast quarter ~ OF said sec
tion thirty five (S5l. township and range afore-
said; and. whereas, TO correct the said error OF
Seyed bs said deed Of trust and to secure the
same indebtedness herelaabosc ucscribed. the
said Elwyn Al slater and Zilpha Nj slater did.
by their deed of trust, dated January si-t, a
ID. ls.g. and recorded on February -Oth- A. u.
lssp in book .. at page os. of the records OF the
office of the clerk and recorder of Prower-
county, Colorado. convey TO Frank h Atkins as
trustee, and in of his resignation or re-
fusal To act. then to the acting sheriff OF
Prowers county, Colorado. as successor in trust,
the following described property. situate IN
said Prowers county. Colorado, to-wit:
The northeast quarter ca of section mum
bered thirty-tive tss), in township numbered
twenty-one l2l) south. range numbered forty
six t.6l west of the sixth principal meridian.
quarter - OF the northeast quarter tsl OF
said section thirty-hve t5ol including with the
two and eighty y-eight one hundredths q ss-i00)
cubic feet of water per second OF time IN the
arkansas River Land. Reservoir and Cana
land. The said last mentioned deed OF trus,
contains the following recital: This trust
in trust deed of even date for same amount and
covering same land." and
Whereas. both OF said deeds OF trust provide
that in of default of the payment OF said
note or any part thereof, or in case default b.
made in the payment OF interest on said note
according to the tenor and effect thereof, and
such default continue for period OF thirt,
days, then at the option of the legal holder anu
owner of said note the whole Of the principa
thereof and interest thereon to the time of sale
may at once become due and payable; and
Whereas, default has been made in the pay
ment of the interest which fell due on said nots
August lst, 1o.<s. February LIST. 1884, and August
1st, 1884. and such defaults have continued foi
more than thirty days and still continue. and
by reason thereof the present legal holder and
owner of said note has exercised his option and
has elected to hold and has held the whole oi
said principal note and interest thereon to the
time of sale due and ayable; and
Whereas, the said Frank h Atkins has re
fused to act as trustee in said deeds Of trusi
and has resigned as trustee therein, by reason
whereof the undersigned. John q. HAeernan act
ing sheriff of Prowers county. Colorado, has be
come successor IN trust;
Now THEREFokE. Notice is hereby given that |
the Undersigned John O. Hagerman. acting sher
i'll OF Prowers county. Colorado. successor In
trust aforesaid. at the request of the present
legal holder and owner of said note. and b,
virtue of the authority in me vested by the
ance with the provisions thereof, will on Fr,
day, the 2sth day Of December, A. d. 1884
at the hour Of one o'clock in the afternoon OF
said day. sell the following described property
situate in said county of Prowers. in the state
of Colorado to-wit:
lho northeast quarter iA' OF section mum
bered thirty-tive (s5l, in township numbered
twenty-one GID south, range numbered forty
six as, west of the sixth principal meridian
except the west half % of the southwes,
quarter ts1 OF the northeast quarter tS) OF
said section thirtyfive l35), including with said
land a full paid perpetual water right for two
and eighty-eieht one hundredths q ss-l0C) cubic
feet of water per second Of time in the Ar.
kansas River Land. Reservoir and Canal Com
pany's ditch. being the water right to said land
being the same property conveyed BY said deed
3i frust recorded in book !. at page 81 Of said