The Elbert County tribune., 1898-11-24
TRUsTEEs SALE.

IITuEREAs, Lycnrgns Cowdlcy ard
w Louis J Cowdrcy did, BY their
certain deed OF trust dated Mach %,
1898. and recorded on March 2G,
1898, IN book 25 at :age 173, OF the
records in the Office Of the clerk and
recorder Of Elbcrt county state Of
Colorado, convey 10 tho Public Trus-
tee in said Elbcrt county the foIlow-
ing described real estate situate in
said Elbert county state OF Colorado,
to-wit: Lots numbered twelve (12),
thirteen (I3), fourteen I'D and If
teen (l5) in block numbered two ~
in Frick's Addition to the town Of
Iilbcrt. according to plat thereof now
on file with The clerk and recorder Of
Elbt 1T county, Colorado, which said
deed of trust was made to secure the
payment of the said Lycurgus Cowd-
rey and Louis j. Cowdrey s note
bearing even date with said deed OF
trust. for the principal sum of fifty
$3.50 dollars. payable to the order oi
John +. Miller, which promissory
note was made on March %, 1898
and for the principal sum of fifty
$500 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
90, 1898, until paid. interest and
note payable Mt maturity Of note; and
WHEREAS, it is provided in said
decd 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.
cordlng to the tenor and effect OF said
note, or in case default shall he 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 bencfi-
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, 1t
shall and may be lawful for said
Public Trustee to sell and dispose OF
the said premises and all the right,
title and interest of the said Lycur.
gus Cowdrey and Louis j. Cowdrcy,
their heirs or assigns therein, at pub.
lie auction Mt 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 best price the same will bring
in cash, four weeks public notice
having been previously given Of the
time and place of such sale by adj
vertisement weekly in some newspa-
per of general circulation ut that time
published in said Elbcrt county, a
copy of which printed notice, as soon
as printed shall be mailed to Lycurgus
Cowdrcy and Louis J. Cowdrey (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, tencments
and premises sale a certificate in writ
ing, describing such lands, tcncmcnts
and premises purchased, and the sum
paid therefor, and the time when the
purchaser or purchasers Tor other
persons entitled thercto) shall be en-
titled to deed therefor, unless the
same shall be redeemed as provided
by law, and the said Public Trustee
shall, out Of the proceeds or avails of
such sale, after first paying and &c
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 adj
vanccd by such beneficiary or legal
holder of said note for insurance,
taxes and assessments, with interest
thereon Mt eight per cent. per annum
rendering the overplus (if any unto
the said J.ycurgus Cowdrey and
Louis j. Cowdrey, their legal rcpre>
sentatives OF assigns; which sale and
said decd to be made rs required by
law and as provided in said deed CT
trust shall be perpetual bar, both in
law and equity against the said Ly-
curgus Cowdrcy and Louis j. Cowd-
roy, their heirs, assigns and all other
persons claiming the premises afore>
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 %, 1898, and remains
unpaid; and
WHEREAS, John f. Miller, the ben
eiiciary 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 Il
violation of the covenants of said
deed of trust in that respect and has
further declared said note and indeb-
.cdness amounting to $50 and in>
tcrest thereon at two per cent. per
month from March 23, 1898, until
paid) due and payable, and has elect