San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-11-17


vey 139 except 142 acres thereof fully
described by metes and bounds in
the deed made by NJ. P. Forehand and
wife to d. & A. Oppenheimer dated
July 25th, 1881, and duly recorded in
the records of BeXar county, in book
Vol. -, p. 4S5; the said 142 acres be-
ing the portion of said survey 139 re-
served by said Forehandl as a home
stead in the said conveyance to said
| d. & "A. Oppenheimer for the remain
der of said survey; and excepting
I about one half acre of land of said
survey 139 under some live oak trees.
which is used as a "burying ground"
being the same property conveyed to
c. ZigmOnd by deed of D. & A. OPP
penheimer and duly recorded in rec
ords of BeXar county in Vol.25, pp.41
and AZ, to which reference is made;
3rd. 1912 acres of land known as
| survey No. 40 on the waters of Mar
| tineZ creek, n tributary of Cibolo Tiv-
er, about II miles S. so +. from San
Antonio. Being the same land that
was patented by the state of Texas
to Peter Zigmond, assignee of J. V.
Dignowity, by patent No. AS, Vol IL,
and bounded as follows: Beginning
| at stake and st. MD the Z. corner
| of A. II. Young survey 139, being also
corner of o. II. Peters survey 1885,
| from which mesquite 10 brs. n. 10
f. 6 VS.. dos brs. n. &c W. s VS.. (old
brgs): thence "a east with n. line of
said Petres survey 263 VS.. to a st.
md. on S. w. boundary line of
survey No. &c d. Reyes; thence n
16 w. with said line 2162 VS.. to stake
and mound on S. boundary line to II.
]. Hewell survey No. So; thence n. &c
W. with said line 80 VS.. to stone
mound on east boundary line of Chris
| topher Williams survey;thence S 16 +
| at 5S1 VS.. n. f. corner of Young sur
| vey 1896 to the beginning. Brgs.
marked IX; and
Whereas, it is provided in substance
| by the terms of said instrument that
| should the said Zigmond make default
| in the punctual payment of said in
l debtedness or any part thereof, princi-
| pal or interest, as the same shall be-
| come due and payable, then and in
| any such case the whole amount of
| said Indebtedness remaining unpaid
| shall at the option of the said Lavan-
| burg, or other holder thereof, imme-
| diately mature and become payable,
| and therupOn, or at any time thereaf-
| ter, it shall be the duty of the trustee,
l or of his substitute, at the request
| of the said Lavanburg, to enforce this
| trust, and after advertising the time.
| place and terms of sale of all the above
| conveyed and described property in
| the manner now prescribed by law in
| judicial sales to sell the same in ac-
| cOrdance with such advertisement at
| rublic auction in front of the door of
| the court house of BeXar County, in
| the state of Texas, on the first tues
| day in any month, between the hours
| of 10 a. m. and 4 p. M, to the highest
| bidder for cash, selling all the proper
| ty above conveyed and descrlped as
an entirety or in parcels as the trus-
tee acting may elect, and make due
conveyance to the purchaser or pur-
chasers with general warranty, and
out of the money arising from such
sale the trustee acting shall pay first
all the expense of advertising, sale
and conveyance, including n commits
sion of five per cent to himself. and
then the full amount of principal and
interest due and unpaid on the above
II
balance of the purchase money. If any,
| to the said Peter ZigmOnd, his heirs or
assigns; and
Whereas. it is further provided in
substance by the terms of said instru-
ment that in case of the absence.
death, inability, refusal or failure OF
the trustee named to act, a successor
and substitute may be named, con-
stituted and appointed by the said
Layanburg. or other holder of the said
indebtedness. without other fOrmality
that an appointment and designation
| in writing; and
Whereas the said Frank has refus-
ed to act as trustee, and the said 5.
Lavanburg, being still the owner and
holder of said indebtedness, has APP
| pointed John Sehorn substitute trus-
| tee; and
| Whereas the semi-annual install
| ments of interest becoming due on
said note on January 18th, 1895, on
| July 18th, 1895, January 18th, 1896,
| and jay 18th. 1896, are now long
since past due and remain wholly I'M
| paid, except that said ZigmOnd has
| caused to be paid on said interest in
| stallments the following amounts on
| the dates mentioned, viz: February
| 9th, 1895, $4,000; on March 2nd, 1896,
| $4,000; and the further sum of $780,
90 paid on September 10Th, 1896; the
said Lavanburg, in the exercise of
the option given him by the terms of
the said deed of trust, has because of
| the failure of the said Zigmond to
| pay the interest as aforesaid, elected
| to and has declared said promissory
| note now due, and has requested the
undersigned, John Sehorn, substitute
| trustee, to execute the power confer
| red upon the trustee by said instru-
mpnt and sell the above described