San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-23
TRUSTEES SALE.

v d.
made, executed and delivered to A. 3
Frank, her five certain promissory
notes, all dated November 20, 1894
one for the sum of $3,50000, becoming
due two years after date, bearing ten
per cent interest after maturity, and
providing for ten per cent. attorneys
fees il placed in the hands of an at
torney for collection, which note was
given for the principal of money due
from said Dignowity TO said Frank
the other four notes being for the
sum of $4,000 each, and becoming
due in g. II, Is and "a months respec-
| lively after date, each bearing ten
| per cent. interest after maturity, and
each providing for ten per cent. at
| torney's fees if placed in the hands
| of an attorney for collection, which
said last mentioned four notes were
Given for "r interest to bCcCme du'
upon sIid principal note; and for the
purpose of securing the payment of
said notes, said DigHowity. on the 20.
| of November, 1854, executed aud de.
liyared TO NJ. Baumblatt her certain
deed of trust, which is duly recorded
in the records of BeXar county, in
volume 1856, pages 4SS-491, whereby
said Dignowity conveyed to said
Baumblatt the following described
real estate: Lying and being situated
in the County of Bexar and State of
Texas, and being lots Nos %, "a and
%, in block No. 1; and lots Nos. 80, SO
and "a, in said block No. 1; and lot
No. %, in block No. 3, out of original
city lot No. Is, range 4, district 1, in
the City of San Antonio; said lots %
"a and %, in block 1, have front
each of 40 feet on Crockett street, and
run back each between parallel lines,
III feet to May street; said lots 80, 33
and "a have each front of 10 feet on
Marion street, and each run back be-
tween parallel lines, 125 feet to an
alley. And said lot No. %, in block
No. 3, has a front of 40 feet on Starr
street, and runs back for depth be-
tween parallel lines, III feet to Flor
ence street. Also IS acres of land in
said BeXar county, the same being
the northwest one-quarter of survey
No. 81, in the name of s. S. Gillette.
(The metes and bounds of said rs
acres will fully appear in decree to
be hereinafter entered in tn case of
J. Il. Gillette ct al. VS.. Anton Lorentz
ct al, No. 4762, now pending in the
37th District court of BeXar county,
as soon as the same can be ascertain
ed. This decree has been entered,
and reference thereto is hereby made.
And Whereas, 1t is provided in sub
stance by the terms Of said instru-
ment, that should the said Dignowity
make default in the punctual pay
ment of said Indebtedness, or any part
thereof, principal and interest, as the
same should become due and payable,
then and in any such case the whole
amount of such Indebtedness remain
ing unpaid should, at the option of
said Frank or other holder thereof,
Immediately mature and become pay
able, and thereupOn, or at any time
thereafter, it should be the duty Of
the said Baumblatt, or of his success
sor or substitute, to enforce the trust,
and after advertising the time, place
and terms of the sale of all the above
described property, in the manner
now required by law in judicial sales,
to sell the same, in accordance with
such advertisement, at public auc-
ton, in front of the court house of
BeXar county, in the State Of Texas,
on the first Tuesday of any month,
between the hours of 10 a. m. and 4
p. M, to the highest bidder for cash,
and from the proceeds of sale to pay,
first, the expenses of advertising, sale
and conveyance, including a commits
sion of five per cent, and then the
full amount of principal and interest
due and unpaid on the Indebtedness,
as set forth in said deed of trust, rem
dering the balance of the purchase
money, if any, to the said Dignowity,
her heirs or assigns; and,
Whereas, 1t is further provided by
the terms of said instrument, that in
case of the absence, death, inability,
refusal or failure of the trustee named
in said instrument, to act, his success
sor and substitute might be made,
constituted and appointed by the said
Frank, or other holder of said ipdebt-
edness; and
Whereas, The said NJ. Baumblatt
has refused to act as trustee, and the
said Frank, who is still the owner of
said Indebtedness, has appointed the
undersigned substitute trustee; and
Whereas, The said Dignowity has
failed and refused to pay the interest
note for $4,000, becoming due May
26, 1896, the said Frank, in the exer-
else of his option given to him by the
terms of said deed of trust, has
elected to and has declared all of said
Indebtedness now due and payable,
and has requested the undersigned to
proceed to execute said trust:
Now therefore, 1, John Sehorn, sub
stitute trustee, hereby give notice
that on Tuesday, the 4th of August,
1896, the same being the first Tues
day in said month of August, before
the court house door of Bexar county,
Texas, between the hours of 10 a. m.
and 4 p. m, shall sell all and singu-
lar the above described property to