The herald., 1896-12-24
Notice of Trustees Sale

WHEREAS, WIN. BUCKLEY, OF SANTA
Clara county, California, as first party,
did, on July 18th, 1894 execute and deliver
TO the undersigned, as second parties, as
trustees, a deed of trust, which was duly
acknowledged by him so as to entitle the
same to be recoraed, ana was recorded. on
the 2lSt day of July. 1894, in book IA of trust
deeds, page 5S4, records of Santa Clara
county California, and on the 3rd day of
2s2, records of the county of Los Angeles
and also in the county of San Luis Obspo,
on the 2lst day Of July, 1894, in book 10
of trust DEEDS, page 6l7, embracing and
trustees, the real properties hereinafter de-
scrbed, upon certain trusts therein ex-
pressed;
And whereas. pursuant to the provisions
of said deed Of trust, if said l.. Lion. the
third party, shall pay to the German
Savings and Loan Society. corporation,
the promissory note executed BY himself
and said VIM. Buckley, for 10000 dollars.
and interest accruing thereon. mentioned
and described in said deed of trust, and all
other sums of money provided to be paid
to said society in and by the mortgage ex-
ecuted by the same parties. to secure said
promssory note. also described in said deed
of trust, and shall procure from said So
ciety the cancellation of said promissory
note. and the discharge, and satisfaction
of said mortgage, then all payments which
shall have been thus made by SAID j.. Lion
on account of said note and mortgage, to-
gether with the amount of all other sums of
cruing interest thereon. under the terms of
said deed of trust. shall be deemed and con-
sidered by the parties to said deed
Of trust and for the purposeeSi pfsei
from said VIM. Buckley to said l.: Lion:
and thereupon, and in that event. 1t shall
be lawful for the trustees, their successors
or assigns, upon application of said l.. Lion
his heirs or assigns, to sell all the right.
title and interest of said VIM. Buckley in
and to the lands and premises described in
said deed of trust:
And whereas. on the oath DAY of Novem-
ber, 1896, said l.. Lion did pay to said So
ciety said promissory note and the interest
accrued thereon. and all other sums Of
money provided to be paid said society
in and by its said mortgage, and has pro-
cured from said society the cancellation of
said promissory note and the discharge and
satisfaction of said mortgage upon the
records of the county of Santa Clara where
the said mortgage was recorded, all of
which payments were made by said L.
Lion in United States gold coin. and
amounted to the sum of 7o.O0l and 5S-lOo dol
lars;
And. whereas. under the terms of said
deed of trust and for all the purposes
thereof. the sum of 70,0ol and 5S-100 dollars.
in United States gold coin. is debt. now
due. owing and unpaid from said VIM.
Buckley to l.. Lion, named as the third
party in said deed of trust:
And whereas under the terms Of said
deed of trust said l.. Lion has made appi-
cation to us. as such trustees, to sell all of
the right, title and interest of said VIM.
Buckley in and to the land and premises
hereinafter firstly described, and all of the
land and premises hereinafter secondly.
thirdly. fourthly and filthy described, or
so much thereof as in our discretion We
shall find it necessary to sell in order to ac-
complish the objects of the trust;
And, whereas. the said deed Of trust
makes it our duty to proceed to sell upon
such application;
Now, therefore. public notice is hereby
given, that on Saturday, December 26th.
1896. at eleven o'clock a M. at the front
door of the court house of the county of
Santa Clara. in the city of San Jose, county
of Santa Clara, state of California, we will
sell at public auction all of the right, title
to the real properties hereinafter firstly,
secondly thirdly. fourthly and flfthly de-
scribed, or such part thereof as in our dis
cretion we shall find ii necessary TO sell W
order to accomplish the objects of the trust.
to the highest bidder. for cash in gold coin
of the United States, for the purpose of
paying. pursuant to the terms of said
deed Of trust. from the proceeds Of such
sale the expenses thereof and res sonable
expenses of the trust. and counsel fees in
the sum of three hundred dollars. and all
sums of money which may have been paid
by said l., Lion or ourselves. as trustees.
under said deed of trust. and not reimburs-
ed and which may then be due on account
of encumbrances or insurance, or under
any of the provisions of said deed of trust.
together with any add tiOnal sums of
money borrowed by said VIM. Buckley
from said L. Lion. or paid or advanced by
said L. Lion to said VIM. Buckley, with