Gilpin observer., 1903-10-22
NOTICE OF PUBLIC TRUSTEES SALE

NOTICE OF PUBLIC TRUSTEES SALE
\ Whereas John r.. Miller, did by his certain
deed Of trust, dated August "a. 1902 and recorded
cords in the Office Of the County Clerk and re-
corder Of Gilpin County. Colorado, convey to the
lowing described real estate situate in said Gill
pin comfy 10 wit
| The Gilpin Placer Claim. Mineral Survey No
1859 in Hawk Eye Mining district, in said
County. and all improvements thereon and
Also that certain Ranch Claim in Missouri
\ Gulch, in said District and County. recorded in
Book 7s at page. a6i OF the County Records of
said County;
GGulch in said district and county. recorded in
Book "a at page 15i of sain County records, and
al! improvements upon said Ranches
Which said deed of trust made to secure
the payment Of the said John X. Millers five %
promissory notes, bearing date the Same said
deed Of trnst, for the aggreeate sum Of three
thousand (200Os dollars. one for the sum of fif-
teen hundred Gi500) dollars payable to sal John
FoelI and four of said notes payable to John p.
Miller, three thereof for the sum of four hundred
(4C0) dollars each. payable in one. two and three
years respectirely after date, and one OF said
notes for the sum of three hundred (3G0) dollars
payable four years after date. all bearing interest
at the rate Of eight per cent per annum, interest
And whereas il is provided in said deed of
trust inter ALA that IN case OF default in any OF
said Da, ,mcnts of principal or interest according
to the tenor and effect OF said promissory notes,
aforesaid any OF them, or any part thereof. or
of breach or violation ofany OF the covenants
or agreements of said deed OF trust by the said
party of the first part, the said John Il. Miller,
his executors. administrators or assigns then
and in that case the whole OF said principal sum
secured 10y said trust deed and the interest there
on TO the time OF sale. may at once at the option
OF the legal holder thereof become due and pay
able and the said premises be sold In thelnanner
and with the same effect as If the sald indebted
| ness had matured-
And whereas il is also provided in said trust
deed that in case of default in the payment of
said notes any of them. or any part thereof, or
in the payment of the interest thereon, according
to the tenor and effect OF said notes or any of
them, or in case default shall be made in. or in
case Of violation or breach Of any OF the tefms.
conditions covenants or agreements, therein
contained then, upon notice and demand i'll
writing flied with the said party of the second
part 1.-THE Public Trustee aioreeaid) by the bene-
hciary hereunder or the legal holder OF the in
debtedness secured hereby that such beneficiary
or legal holder has declared violation Of any Of
the covenants contained in said trust deed and
has elected to advertise said premises for sale,
and demands surh sale, it shall and may be law
full for such public trustee, to sell and dispose
OF the said premises Ten masse or in sepsrate
parcels as said public trnstee may think BEST
and all the right title and interest of SAID party
/ OF the said John r. Miller his heirs or assigns
therein, at pnblic auction at the Eureka Street
of Cent raj County Of Gilpin State of Colorado or
On -aid premises. or any part thereof as may be
specified in the Dctice of such sale for the highest
and best price the will bring in cash, four
weeks public notice having BEEN previously given
of the timean place OF snch saleby advertisement
weekly in some newspaper of general circulation
al that tiinc published in said Gilpin County. a
copy Of which printer notice. as soon as printed.
shall be mailed to said party OF the INST part the
cumbrancesl at the address given in the trust
deed: and to make and give to the purchaser or
purchasers of such lands. tenements and premis
es at such sale certificate certificates in writ
ing describing such lands, tenements and prenis-
es purchased. and the sum or sums paid therefor.
and i..' time when the purchaser or purchasers
i~r other person entitled thereto) will be en-
fueied to a deed or deeds therefor. unless the
same shall be redeemed as provided by law: and
the said Public Trustee shall mt of the proceeds
or ayails Of such sale. after first paying and
tanning all fees charges and costs of making such
| sale and ADVERTISING said premises. to tie
beneficiary thereunder or legal holder Of said
according to the tenor thereof. and ali moneys
advanced By such beneficiary or legal holder of
said notes, for insurance, taxes and assessments,
mum, rendering the over plus Cf any unto the
said John T.. Miller, his legal representatives or
assigns which sale or salee and said deed or dceds
TO be made as required by law and as provided in
said deed Of trust, shall be a perpetual bar botn
in law and equity, against the said John R. Mil
claimir- the premises aforesaid, or apy part
thereof, BY, from, throash q under. the said
said notes may purchase said property. at such
And whereas default has been made in the pay
ment OF the said note coming due on the 18th
day of August 1908. and also in the payment of
all interest on all of said notes. and whereas the
legal holder of all Of said notes has elected to
exercise his option and declnre the whole OF the
said principal sum secured and interest there
on to the time OF sale to be now due and payable;
owner and holder Of all OF said indebtedness
and he has in writing, notified me OF the above
mentioned default and declared a violation of
| the covenants of said deed of trust. in that re-
spect, and has further declared all Of said notes
and indebtnees due and payable. and has elected
to advertise the said property for sale, and did,
on the s0ih day of September 1908, file his notice
Of such election and demand, for sale, lin ac-
cordance with the terms of sale specified in said
trust deed in writing with the undersigned as
| public trustee in and for said county.
Now therefore, in compliance with such notice
and demand, and under and by virtue of the pow
! er and authority vested in me In and by said
trust deed and the law in such made and
provided, l.. Christopher Trezise, county treas
urer of -aid county, public trustee in said
county, do hereby give public notice, that 1 will
on Saturday the 9Th day of November 1903. at the
hour of ten o'clock a. IN. of said day, at the
Eureka Street front door of the County Court
House, in the City OF Central in the County of
Gilpin. in the State OF Colorado, sell tall OF the
above described premises Ten mnssc in sep
crate parcels as / may think best and all the
right title and interest of the said John II. Mil
Ter his heirs and assigns therein. at public auc-
ton for the highest aud hest price the same will
bring in cash. for the purpose OF paying the
amount principal and interest due said
notes and the expenses of the execution OF this
trust
CHRISTOPHER TREZISE.
County Treasurer and Public Trustee in said
Gilpin County. Colorado.
a. = tnatn n,ta