San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-28

June %, 1887, of record in Kinney
county, book "a" 6, PIP. 4S6.
Making a total of forty-nine
hundred and twenty-four acres of
land, and for further description, title
thereto and metes and bounds, refer
ence is hereby made to the several
transfers pertaining to the same, of
record in said Kinney county, all of
which are here adopted. Also the
following surveys of state school land
in said Kinney county and adjoining
the above lands, viz: Survey No. 40S,
of GAO acres, surveyed by virtue of
certificate 423, issued to the B. B. B.
& G. r. r. Co., and purchased from
the state under A. ]. Dignowity's APP
plication of April %, 1882; survey No.
40, of 640 acres, surveyed by virtue
of certificate No. 424, issued to the b.
b. B. & @. r. X. Co., and purchased
from the state by A. J. DignOwity,
under her application dated April %,
1882; survey No. $50, of 800 acres,
surveyed by virtue of certificate No.
951, issued to the HI. Z. & w. Il. r. r.
Co. and purchased from the state by
G. l.. Dignowity, under his applica-
ton of December IA, 1882; survey No.
SD of 800 acres, surveyed by virtue
of certificate No. 951, issued to III. e.
& w. L. r. r. Co. and purchased from
the state by G. l.. Dignowity, under
his application to purchase, made De-
cember IA, 1882. And whereas, it is
provided by the terms of said deed of
trust, that should the said A. B.
Frank, from any cause whatever, fail
or refuse to act, then the said Lavan-
burg, or any holder of said note,
should have full power to appoint a
substitute in writing, who should
have the same powers as were dele
gated to the said Frank, and Where
as, the said Frank has declined to
act as trustee, and the said Lavan-
burg, who is still the holder and own
er of said promissory note, has APP
pointed the undersigned in writing, as
substitute trustee, and Whereas, it is
further provided by the terms of said
instrument that should said Dignowi-
ty make default in the payment of
state and county taxes due on said
lands, or fail to pay the interest on
said note when due, that then at the
option of the holder of said note the
same shall at once mature, and the
lien created by said instrument fore
closed for the total amount due on
said note at the time of such default,
and the said Frank, or substitute
trustee, was thereby authorized and
empowered, at the request of said
Lavanburg or other holder of said
note, at any time after the maturity
of said note, or default of payment
of any installment of interest, to sell
the above described lands and prem
Uses to the highest bidder for cash in
hand, at the court house door of BeX-
ar county, Texas, after giving public
notice of the time, place and terms of
sale, by weekly publications in any
newspaper published in BeXar coun-
ty, for twenty COO days prior to said
day of sale, and after said sale as
aforesaid to make to the purchaser or
purchasers thereof good and suffi-
cient warranty deed to the premises
so sold, and to receive the proceeds
of said sale, and the same to apply
to the payment of said note, the in
terest thereon, and the expenses of
executing the trust, including 5 per
cent. commission to the trustee, hold
ing the remainder thereof to the or
der of said Amanda ]. Dignowity;
and Whereas the taxes for the year
1895 on said land are now past due
and said Dignowity has failed and re-
fused to pay the same, and the in
stallment of interest due on said note
on May 18th, 1896, is now past due
and remains wholly unpaid; and the
said Lavanburg in the exercise of the
option given to him by the terms of
said trust deed, has by reason Of the
failure of said Dignowity to pay them
terest and taxes aforesaid, elected to
declare said note due; and Whereas,
the said Lavanburg has requested
the undersigned to sell the above de-
scribed property, in accordance with
the terms of said deed Of trust; Now
therefore, 1, John Sehorn, substitute
trustee, at the request Of said Lavan-
burg, and in pursuance Of the powers
conferred upon the trustee, do hereby
give public notice that on Tuesday,
August 4th, 1896, at the court house
door of Bexar county, Texas, shall
sell to the highest bidder for cash,
the above described property, and af-
ter the sale / shall execute and de-
liver to the purchaser or purchasers
good and sufficient deed in law for
the property so conveyed.
Witness my hand, this 9th day of
July, A. ID. 1896.
JOHN SEHORN,
7-11-O1-0Sl Substitute TruStpa