The Delta independent., 1896-07-15

whereas, Lester York, OF the county Of Delta,
in the state of Colorado, did, by his certain deed
1885, duly rasordsd in the Office OF the County
Clerk and Recorder OF Delta county ia said
state, on the sixteenth day Of April lass, in book
Is of said county records. on page thereof
convey TO Edward w Rollins OF the county Of
Arapahoe. trustee or in case OF the death, res
gnation absence from said county OF Arapahoe,
or refusal or failure or inability OF said Rollins
to act then To the then acting county clerk of
the county of Delta, as the successor q the said
ing described property, situate, lying and being
in said county Of Delta, to-wil:
north east quarter of the north east quarter OF
section numbered seven tI). and the north west
bered eight tsl, all in township numbered thir
teen (l3l south OF range numbered ninety-four
lep west, OF the sixth principal meridian, con on
same more or less according TO government
vey, together with all right title. interest claim
and demand which the said Lester York has in
ard to an undivided one-third interest In
tain ditch known as The kiIer ditch, taken from
kizer creek and used for the irrigation Of the
above described premises, in trust to secure the
prompt payment OF one certaih principal prom
issory note made, execu ell and delivered by the
said Lester York, bearing date the 4th day Of
April, 1885 for the sum of -Four Hundred and Fifty
dollars (s4S0), due May I, 1898 and bearing In
terest from maturity until paid at the rate OF 10
Whereas, said deed of trust provides that In
case OF default In the payment OF sad promisio- g.
ry note, interest thereon. according To It's
tenor and effect. then. on application in writing
frsm the legal holder OF said note, the saii
trustee, or his successor ia trust should seil and
dispose of said premises, and all right. title,
benefit aud equity OF redemption OF the said
Lester York. his SUCCESSORS and asz gns, in and
10 said property. at public auction. at the Place,
in the manner and for the purposes In said deed
Of trust provided: and
whereas, default has been made in the pay.
ment Of the principal and interest on said note
from May l, 1894, according 10 its tenor and the
same Is still unpaid, and the legal holder thereof
has made application in writing successyey 70
the said Rollins and the undersigned to sell and
dispose Of the said preInises for the purposes
provided in said deed Of trust and
Whereas, the said Rollins has resigned from
said trust and refused to act aud the under
signed Is the duly elected, ncting and quaiinec
county c'erk Of the county of Delta; and
Wherear tho sad deed Of trust further pro-
yides that in case Of such resignation a.d reffi-
sal Of -nid Rollins as aforesaid, the premises
should become vested IN me, Inc nnde.sigb.d, a.
successor In trust and new trustee as Aforesaid,
and all tire power and authority BY said deed Of
trust granted TO said Rollins should accrue to
and be exercised by me. the undersigned, the
Now Therefore. j, the undersigned George =.
Conklin, the acting county clerk 81 sad county
of Delta, successor in trut by said deed Of trust
created and new trustee, will, II resonse 70 said
application, by virtue Of the power and author
ity in me vested by said deed Of trust; in the
manner and form therein specified and for the
purposrs in said deed Of trust mentioned. s-ll NJ
public auction at the front door Of the po toncc
In tho town OF Delta, county Of Delta, Colorado.
TO the highest bidder for cash, on WfbNESDAf,
THE TWELFTH DAY OF AUGUST, a ID. lsgi,
at the hour Of ten O'Clock a. m. OF said day the
above described premises, and all the right,
tile ella m, benefit and equity Of redemption OF
the 8 id Lester York, his successors and assigns,
IN aad to the same. -
Acting County Clerk Of Delta County. Colorado,
Successor in Trust. New Trustee.
First insertion July Sth, A. ID. 1895.
Last Insertion August 5th, A. d. 1905.