La Junta tribune., 1898-11-05
Notice Of Public trustees Sale.

| w HEREAS. JOHN a. BrRWELL AND AL
| ice Burwell his wife, whose addresses
their certain deed of trust, dated May l+t, 1870.
| aud recorded May 9th, isGa. in book 10 nj page
~ OF the records In the Office or The CLERK and
| Recorder of Otcro county, Colorado, convey
| To HcrbGrt Il. Bail, of the county OF Shawnee
| aud state of Kansas, in trust for the benefit OF
". :. Bowman the following described real
estate, situated III otcro county, state OF Colo
| rado to wit;
| South east quarter Is G. ~ of section ten
| l0l, In Township twcuty-tour t2i), south of
| range ffty-siN tj6l, west of the sixth principal
| meridian, containing one hundred aud sixty
| tbOl acres. more or less, together with NIL tho
| rights. privileges, hcreditaments and appur-
| tcnnnces to the said premises in any wise ap-
| pertaining or belonging. Including all water
rights and privileges, ditch or ditchcs, 10 which
| conveyance was SO made In trust tu usccure the
| payment OF one proinissory note of same date.
| made by the suid John A. Burwcl and Alice
| linrwell his wife, for the principal sum of
nine hundred $500 dollars, payable to the or
der OF o. S. Bowman: and
| whereas, 1t is provided In and by said deed
| of trust that in case OF default In the payment
| or SAID note: or any part thereof. or in the
| the tenor and effect of said note or interest
coupons ticrcto,or in case default hc mudc I'm,
| or in case OF any violation or breach of any of
the terms, conditions, covenants or agree
mcnts therein contained, then the said party
of the second part, or his SUCCESSOR or substi-
| tutc. mny ut the request of the holder OF said
note proceed To sell the property hcrcinhefOfP
described, and any and every part thereof.
| and all right and equity of redemption OF the
| executors or assigns of snid iirst parties at
public vcnduc to tho highest bidders at the
front door of the Court House, IN the town of
| La Junta, county of Dtcro and state of Colo
rado. first giving thirty days public notice of
| the time. terms and place of sale and OF the
property to be sold by advertisement In some
| newspaper, mt the time printed and published
In the county in which the land IL situated and
upon such sale shall execute and deliver a
deed of conveyance of the property sold To
| the purchaser or purchasers thereof ut such
| sale; and the said trustee shall receive the pro
cccds of said sale, out OF which he shall pay:
| First, the cost and expenses of executing this
trust, including such compensation TO the
trustee for his services ns may be AT the time
| OF such sale allowed by the lnws of Colorado
to -hcriffs on sales of real estate on execution
| and sum equal 10 ten per cent of the amount
OF said note as solicitors fee; and next, TO said
third party, or the endorses or assrnees of
said promissory note. npon the usual vouchers
| therefor, all moneys paid for ipsnr nee and
taxes and TO extinguish prior lien claims and
costs and interest therecn, as heretofore pro-
vided for, and next interest then due on said
principal note, with Interest up to the time of
| such payment, and if not enough therefor
| then apply what remains. The balance OF such
proceeds, il any. shall be paid TO the said par
ties OF the first part or thc legal representa-
| tiv.s of said tirst parties: and
Whereas, Herbert T.. Ball name IN the snid
trust deed ms trustee, refuses 10 act rs trustee
under sad deed OF trust. and has rcinquished
and quit claimed to the public trustee of Otero
county, Colorado. all his rights nnd interest
| and privileges in the real estate he may have
IN snid decd OF trdst: and that II. II. Wheeler,
endorscc in and owner of The certain promls-
| cordance with the provisions of said deed of
| trust has appointed the public trustee of
Otcro county. Colorado. us the substitute trus-
tee In, the place and stead of Herbert f.. Ball
named AS trustee In said instrument, with all
the power and authority of said Herbert f.
Ball. vested in him by said decd of trust: and
Whereas, Default has been made in the pay
ment of the principal of said note. and saddle
fault still exists and said note still remains
unpaids and
Whereas. Is. X. Wheeler, the legal holder of
said note. has declared violation of the cove
nants of said deed of trust and that the whole of
said Indebtedness is now duc-and payable. and
has requested the undersigned. ms substitute
trustee, in writing, TO Immediately foreclosc
said trust deed, excepting from said torcclos-
| nre sale NIL that pnrt OF the southeast uuurter
(s. u. 1il Of section ten fi0), township twenty
four (2t, south of range fiftysix go west, he
ginning at the northeast corner of said south
| east 1nnrter: running thence south one thou
| sand. six hundred and fifty q $500 feet to the
north line OF the Catlin ditch: thence in II
southwcstefly direction along said ditch 10 the
west line of said south hcast quarter: thence
north nve hundred and twenty-ctght (52Sl feet
to the northwest corner of se!a southeast
quarter: thence east two Thousand, SIX hum
dred and forty (2.6itl feet to the place of be-
ginning, containing siNty-fiyc 65l acres, lying
| north OF said Cit!iD ditch. said last described
| tract having been heretofore released from
| the operation OF said deed of trust
Now, therefore, in consideration OF such no
| ticc and request and In compliance tnereEiih,
and under and by virtue of the power and ai-
thority conveyed to and vested in me by said
decd OF trust by substitution. ]. G. A. Beer
I a. tf