The Elbert County tribune., 1898-12-08
TRUSTEES SALE,

M HkhEAs, 1ycur8ub COWurey and
wv Louis J. Cowdrey did, by their
certain deed OF trust, dated March %,
1898, and recorded on March 26,
1898, In book 25 at l,sge 173, Of the
records in the Office Of the clerk and
recorder Of Elbert county state of
Colorado, convey to the Public Trus-
tee in said Elbert county the follow
ing described real estate situate in
said Elbert county state of Colorado,
to-wit: Lots numbered twelve (12,,
thirteen Q3), fourteen (l4 and hf-
teen (l5) in block numbered two (2)
in Frick's Addition to tho town Of
Ebert. according TO plat thereof now
on file with tho clerk and recorder Of
Ebert county, Colorado, which said
deed of trust was made to secure the
payment of the said Lycurgus Cowd-
rey and Louis J. Cowdre, 8 note
bearing even date with said deed OF
trust, for the principal sum Of fifty
$50 dollars, payable to the order Of
John +. Miller, which promissorY
note was made on March 20, 1895,
and for the principal sum Of ffty
($5o) dollars, and is payable on the
23d day September. 1898. bearing
interest at the rate of two per cent
per month from its said date, March
23, 1898, until paid. Interest and
note payable at maturity Of note; and
WHEREAS, it is provided in said
deed Of trust inter ALA that. in case
of default in the payment of said
note, or any part thereof, or in the
payment o! the interest thereon, &C.
cording to the tenor and effect of said
note, or in case default shall be made
in or in case of the violation or
breach of any OF the terms, consider
ations, covenants or agreements
therein contained, then upon notice
and demand in writing filed with the
said Public Trustee by tho benef,
ciary hereunder or the legal holder
of the Indebtedness secured thereby,
that such beneficiary or legal holder
has declared violation Of any of the
covenants therein contained, and has
elected to advertise said premises
for sale, and demands such sale, It
shall and may be lawful for said
Public Trustee to sell and disposs of
the said premises and all the right,
title and interest of the said Lycur.
gus Cowdrey and Louis j. Cowdrey,
their heirs or assigns therein, at pub
lie auction ut the front door OF the
county court house in the county OF
Ebert or on said premises or auy
part thereof, as may be specified in
the notice Of such sale, for the high.
est and hest price the same will bring
in cash, four weeks public notice
having been previously given Of the
time and place Of such sale by ad-
vertisement weekly in some newspa-
per of general circulation at that time
published in said Elbert county, o.
copy of which printed notice, as soon
as printed shall be mailed to Lycurgus
Cowdrey and Louis j. Cowdrcy (and
all subsequent encumbrances) at the
address given in the trust deed, and
to make and give to the purchaser or
purchasers of such lands, tenements
and premises sale certificate in writ
ing, describing such lands, tenements
and premises purchased, and the sum
paid therefor, and the time when the
purchaser or purchasers Tor other
persons entitled thereto) shall be en-
titled to a deed therefor, unless the
same shall be redeemed as provided
by law, and the said Public Trustee
shall, out of the proceeds or ayails Of
such sale, after first paying and re-
tanning all fees, charges and costs Of
making said sale and advertising said
premises, pay to the beneficiary there
under or the legal holder OF said
note, the principal and interest due
ON said note, according to the tenor
and effect thereof, and all moneys ad-
vanccd by such beneficiary or legal
holder of said note for insurance,
taxes and assessments, with interest
thereon at eight per cent. per annum
rendering tho overplus (if any) unto
the said J.ycurgus Cowdrey and
Louis ]. Cowdrey, their legal repre-
sentatiyes or assigns; which sale and
said deed to be made as required by
law and as provided in said deed OF
trust shall be perpetual bar, both in
law and equity against the said Ly>
curgus Cowdrey and Louis ]. Cowd-
rey, their heirs, assigns and all other
persons claiming the premises aforc>
said or any part thereof by, from,
through or under the said Lycurgus
Cowdrey and Louis j: Cowdrey or
any part of them; and
WHEREAS, default has been made
in the payment of the principal Of
said note since September %, 1898,
together with interest on said note
since March 23, 1898, and remains
unpaid; and
WHEREAS, John F. Miller, the ben
eficiary under said deed of trust and
the legal holder of said note, has In
writing notified me of the above
men toned default and declared
violation of the covenants Of said
deed Of trust in that respect and has
further declared said note and indeb-
ta.lraoo 10, ouuttru ~ &gn ~.<s IN.