San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1896-07-25
TRUSTEES SALE.

made, executed and delivered to A. b.
Frank, her five certain promissory
notes, all dated November 20, 1894,
one for the sum of S3,500.00, becoming
due two years after date, bearing ten
per cent. interest after maturity, and
providing for ten per cent. attorneys
fees if 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
2iven for me interest TO bCcCne du'
upon said principal note; and for the
purpose of securing the payment of
said notes, said Dignowity, on the 20.
of November, 1894, executed and de-
liYered TO NJ. Baumblatt her certain
deed of trust, which is duly recorded
in the records of BeXar county, in
volume 1885, 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. 81, 80
and "a, in said block No. 1; and lot
No. %, in block No. 3, out of original
city lot No. 10, range 4, district /, in
the City of San Antonio; said lots %
"a and %, in block /, have front
each of 40 feet on Crockett street, and
run back each between parallel lines,
1T feet to May street; said lots 80, 33
and "a have each front of 40 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 70
acres will fully appear in decree to
be hereinafter entered in tn case of
]. Il. Gillette, ct al. VS.. Anton LorentZ
ct al, No. 1852, 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. IN. 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 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 indebt-
| 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
| 70, lSJO, tne Salu frank, III tne eAer-
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, /, 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 A p. M, shall sell all and singu
lar the above described property t.