New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-21
Tn,-srrEs. SALES.
NOTICE OF TRUSTEE SALE.

ganizel and existing under anu ny -
Gated and doing business In the County Q.
~, paso in sa State OF Colorado. dia, on
the first dav OF september, \. ~. i i'
by its certain deed OF trust OF IN sna co u%
p pacorler Of the said Fl Paso County os on
the oith day OF September a. -. 1850
in Book Seventy-four 90, page ohs ro f,r
dred and FIfty-three do3), or the teGspurpp.
~ sad county, convey TO j. }. HAnrn
WA% and his successor or successors IN
said trust OF Colorado Springs. III raso
County. Colorado. as trustee. the ioiio"!ns
described real estate and properly sltua'ee
In the County OF III faso an" s''''
The south one-haf o. Of section mum, mum,
bered Twenty-seven cd. the soutneast
quarter "a If Section numbered twehty
eight (2s,. the northeast Quartz Iaq \" rho
Section numi cred thirty-three l33l, .ne
north one-nalf 90 OF Section numpe,eu
thlrty-four l34), and the southeast quaf.et
% Of Section numbered Thirty-roup ,or,
in Township thirteen ll0 south OF "a avs
half % OF the southeast quarter hl, anu
the southwest quarter "a OF secs.Jn',,
Twenty six (26) and the east one,nai
On If the southeast quarter 90. ana the
southwest quarter % OF the southeast
quarter 90. and the southeast quarter ",
OF the southeast quarter cd and tne W." pS
one half ~ Of the southwest quarter ~,
OF Section Twenty seven go, and the east
one-half 90 OF the northeast quarter %
OF Section TIL rty-four t3iD. and the west
one half ~ OF the northwest quarter 20.
and tn. northwest quarter "a OF tne
northeast quarter % Of Section Thirty
FIVE (35l. all in Township twelve 40
south of Range slxty-seven $50 West. to-
gether with all and singular the wafer
rights and privileges thereunto belonslns
or IN any wise appertainng. and particu-
larry the ditch or itrigatns candl ana
water fight known as the wv. ". Jones
Ditch No. l." and the certain other
bitches or irrigating canals ana water
rights known as the "Bl1dgett Ditch and
the Jessie ". clark Ditch Also the
northwest quarter - OF Section Thirty.
six 800 and the southwest quarter ~ OF
Section ThIrty-hye '35) In said Township
and Range together with all and singular
the water rights thereuntO appertainlns,
and particularly the ditch or irFiSatlng
canal and water right known as the
"Lennox Ditch" Also the south one-h ar
o. OF the southwest quarter 90 Of Sec
ton Twenty-eght ,2S) in said Township
twelve G2) south OF Range slAty-seven
90 west Also the pipeline OF the Tom
pany situate IN said county OF III Fdso
and State Of Colorado. the location. course
and direction Of which may be described
ns follows, TO wit:
beginning at a point on West Monument
tion Twenty-eight (2s). Township twelve
90, south Of Range sixty-seven go west,
running thence elster.y through sections
Twenty-seven go. Twenty six '2O).
Thlry-nNe i3Ol ana lh.Ity ~ ~" ="
said Township and Range thence south
easterly through Sections Six 49, seven
%. Eight 49,, Seventeen 40. Eighteen
lS. Twenty i2U and Twenty-.ine I'D
into Section Th.rty-three ,33' N Township
thirteen 49, south Of Range slXty-six ib1l
West he ny about nine 40 miles in length,
together with all branches, laterals ana
reservoirs which may be constructed IN
connection herewith. and al, water. water
rights. rights. franchises and privileges
ieltrgInN
tanning.
And whereas said conveyance was made
In trust u secure 10 the legal holder or
holders thereof the prompt payment 81
certain issue or series Of one Hundred
lOOI first mortgage bonds ~ The Austin
B.ufr Land ana Water Company. Of One
Thousand 81 OcW Dollars eacn, 1sgregat-
inc one Hundred Thousand lslOo"rp
Dollars. as in said Deed 4 Trust more
specincaily described. dated September
first. lssS. with interest coupons thereto
attached securing interest thereon at the
rate Of eight 81 per cent. per annum'
payable semi-annua.iy
And whereas. sad deed OF trust provides.
among other things. that II default shall
be made IN the .lyment OF the interest
coupons a SAID b nfs. or any OF them, as
they shall respectively become due and
payable. or II default shall be made by
sad company in the performance u any
OF the stipuiat.ons conditions OF covenants
In said deed os trust contained and on me
part OF the said Company q be kept and
performed. ard Il In either Or every such
case such default shall continue for the
space 81 sixty days then and in that case.
upon the election OF hOifefs u One-tourtn
~ OF al the bonds then UNPAID and out
standing. said election 10 be evidenced by
notice In writing 70 hotn the parties u
these presents. the prime pal OF al. the said
bonds then unpaid and outstanding shfu
at once and forthwith become and be
wholly due and payable. to all intents
and purposes as II the said bonds had
wholly matured. and that. then and In
that case. IT snail be lawful FOR sad trus-
tee or his successor or successors IN trust.
upon the written request OF the no. lers q
one-fOurth ~ OF sad bonds then dnpali
and outstanding. % sell as an entirety ana
at public auction at the Court Hou-c ro0r
IN the County OF FL Piso. state Of Colo
rado. all and singular the above d"s,:ibei
real estate. property rights aud trLncnises
~ said The Austin Bluff Land ami Water
Company for the purpose Of pa!ihy TIE
amount ~ said bonds with ali Interest ac-
crued thereon. and all costs and expenses
connected with the execution n said trust.
And whereas. said deed % trust further
conveye! 10 the said J. J. Hagerman.
Trustee. and his successor or SUCCESSORS
In trust as aforesaid, the entire water
works and pipelines ~ the said Company
then or thereafter to be constructed, sit
uate IN the County Of FL Paso and state
Of Colorado. and also the water privileges.
rights and bitches OF the said company
then or thereafter to be- owned or &C
II,
Company. situate In said County and
state. together with all the Improvements
then or thereafter 70 be placed thereon,
the same 20 be held by the said Hager-
man as trustee. and his successor r. sue
cessors In trust. for the purposes aforesaid
and - secure the said prompt payment 81
the said bonds. with interest thereon. 70
the legal holder or holders thereof. with
full power Of sale IN said trustee and his
said successor or successors In trust under
the conditions ana terms aforesaid.
And whereas. the said The Austin Bluff
Land and Water Company has. since the
date ot said deed Of trust extended
branch ~ .,s said pipe line from the then
termination thereof to wit: from point
IN Section Thirty three 1888 In Township
thirteen 80 south 4 Range SiNty-SiX t6Sb
West. westerly through Section Thirty-two
1872 and into section Thlrty-one I'D in
said Township thirteen iO south Of
Range sixty SIX 800 West and has also
purchased a certain irrlgatlng canal or
ditch extending from the said West N)nu-
ment Creek eastward. known and des!g-
mated 1s the Burton Ditch and has also
purchased ard obtained FOR the purpose
OF a water privilege. or reservoir site. 70
be- used IN connect on with It's sail water
works pipeline and ditchcs and 10 be
used ,or the purpose or the nc Sition OF
water privileges and water rights thereon.
and In connection herewith, the northwest
quarter ~ Il the southeast quarter "a
and the northeast quarter ~ - the
southwest quarter - ~ section twenty
~ Range siXty-seveu 90 West. and has
also purchased as water privilege, or
reservoir site. 70 be used In connection
with Us said pipeline and bitches. the
southeast quarter "a Of the southeast
quarter 80 of Section Twenty six t26l
AMI the southwest quarter 90 Il the
southwest quarter "a OK Section Twenty
i've 80 and the east half ~, OF the
northeast quarter "a OF Section Thirty
five ,35i: all In Township twelve u2l.
south 81 Range sixty-seven 90 West the
same 90 be- used for the purpose ~ the
acquisition u water privileges and water
rights thereon and IN connection there-
with. and has also purchased. as "A water
privilege or reservoir site 10 be used IN
connection with its said pipeline and
bitches. the northwest quarter "a ~ the
southeast quarter ~ AMI the east half
90 Of the southwest quarter "a and the
southwest quarter "a u the southwest
quarter - 81 Section Twenty-Five t25) in
Township tweve 12). south ~ Range
siNty-eight t6s) West. the same u be also
used for the acquisition OF water privi-
leges and water rights thereon and IN con-
nccton Herewith.
And whereas by It's certain agreement
made and entered into on the llth day Of
February. lSs9 and recorded In the Office
OF the Clerk and Recorder OF said RI Paso
County. in Book DDS. at Page 5li. Of the
records thereof the said The Austin B,uM
Land and Water Company did obtain from
i. L. Martin. \. A. McGoveny and II. H.
Salamon certain rights In and 4 "A certain
pipeline extended southwark about
twenty-seven hundred - IO0 feet from
Section Thirty three t30 In Township
thirteen lD. south ~ Range sixty-siX 1854