Idaho Springs siftings., 1902-08-23
PUBLIC TRUSTEES SALE.
STATE OF COLORADO.
GIEaR CpEEK nItNr


Whereas. On the fifth day of May. 1900. Philip
Nlixsell and Lizzie Mixsell executed and de vered
their two promissory notes of that date payable
the fifth day of May. 1907, bearing interest the
of ten per cent per annum from date until paid. one
payable to the order of James F Mcfarland for the
of fifteen hundred dollars Isl soo and the other
payable to the order of James F. Mcfarland for the
sum of two thousand five hundred dollars (S2. .5oo),
which notes are now past due and are both unpaid
and
Whereas. To secure the payment of the said notes
the said Philip Mlxsel and Lizzie Mxsell the fifth
day of May. 1900. executed and delivered their trust
deed conveying to the undersigned nubc trustee. the
property hereinafter described which said trust deed
is recorded in Book I,2. page 6S, in the office of
the Recorder of said county and
Whereas. The payee named in said notes. has in
due course of trade endorsed over sold and assigned
said notes to William Gelder & Co, and the said
William Geder & Co. the legal holders and
owners of the and the benefciaries under said
trust deed and such holders and owners and ben
efciaries have filed with the undersigned Public
Trustee notice and demand in writing that they
have declared violation of the covenants contained
in said trust deed and have elected advertise SAID
premises for sale and in writing demanded such sale
of the property described in said trust deed in masse
and
Whereas. There is now due to the said benefic-
iaries, William Gelder & Co., from the said Philip
Mixsell and Lizzie Mxse upon said promsSory
notes the aggregate sum of $4,000 with interest
thereon at ten per cent per annum from the fifth day
of May 1902; and
Whereas, No proceedings at law have been had
for the collection of any of said Indebtedness secured
by said trust deed and all of the same past
due.
Now therefore Notice is hereby given that on the
eighth day of September roo2. at the hour Of ten
O'Clock a. M, the undersigned Public Trustee will
offer for sale and sell for cash for the best and high
est price that can be obtained at the mill known as
the " MiXSell Mill situated upon Block T ~ in the
City of Idaho Springs, Clear Creek County. Colo
rado said mill being located upon portion Of the
property described in said trust deed. the following
described property. to-wt: All the premises situate
in the County of Clear Creek and State of Colorado,
known and described as follows, to-wi:
All of Block T and strip of ground ten feet in
width fronting Water street and djoinng Block IT"
the and being the westerly ten feet of all that
part of Fourth avenue south of the south line IF
Water street together with The thiriy-Stamp mill
situated on the above described tracts of land, all in
the town of Idaho Springs. County and State afore
said.
Also all right, title. interest. claim and demand of
the said first parties either of them, In and to the
Mixsell Ditch or fume-head of ditch or fume tapping
the waters of South Clear Creek at a point near the
old dam about feet from the Mixse mi-right of
way for said ditch tlume, and a righ of
twenty-five hundred cubic feet of water per minute
of the waters of said South Clear Creek for mining
and milling purposes which said water right is
being, and has been. for the past eleven years and
more, used IN the operation of the above described
stamp mill. Together with all and singular the priv
ieges and appurtenances thereunto belonging.
Which said properties and rights duly held and
owned by the said Philip Mixsell and Lizzie Mixsel
rs shown by the abstract of title 10 the same.
Witness my hand this 9th day of August, 1909.
CHARLES j. NICHOLAS,
Public Trustee in and for Clear Creek County
First publication August Q. 1907.
Last publication September o, Ioo2.