Gilpin observer., 1903-10-29
NOTICE OF PUBLIC TRUSTEES SALE

NOTICE OF PUBLIC TRUSTEES SAIL
Whereas John II. Miller, did by his certain
deed of trust dated August q, 1902. and recorded
cords in the office of the County Clerk and re
cOrder Of Gilpn County. Colorado. convey to tli'
Public Trustee in said Gilpin County, tine fol
lowing described real estate situate in said Gil
The Gilpin Placer Claim. Mineral Survey No
County. and ali improyements thereon. and
Also that certain Ranch Claim in Missouri
Gulch. in said District and County, recorded in
| Book 73 at page 26l OF the County Records OF
said County;
And that certain Ranch claim in said Missouri
| Gulch in said district and county. recorded in
Book "A at page 15l of saiu County records, and
/ all improvements upon said Ranchee.
:, Which said deed OF trust was made to secure
the payment of the said John Il. Miller's five 90
prOmissOry notes, bearing date the same as said
deed of trust. for the aggregate sum of three
teen hundred C500) dollars payable to said John
Foell, and four of said notes payable to John p.
Miller, three thereof for the sum OF four hundred
| tiOO) dollars each payable in one, two and three
years respectively after date, and one of said
notes for the sum Of three hundred (3O0) dollars
payable four years after date all bearing interest
at tho rate Of eight per cent per annum. interest
payable annually.
And whe eas it is provided in said deed Of
trust inter ALA that in of default in any of
said payments of principal or interest according
to the tenor and effect of said promissory notes,
aforesaid or any OF them. or any part thereof, or
Of breach or violation OF any of the covenants
or agreements OF said deed Of trust by the said
party of the first part, the said John r. Miller,
his executors administrators or assigns, then
and in that case the whole of said principal sum
secured by said trust deed, and the interest there
of the legal holder thereof become due and pay
able. and the said premises be sold in the manner
and with the same effect as if the SAID indebted
ness had matured.
And whereas it is also provided in said trust
deed that in Of default in the payment OF
said notes or any Of them or any part thereof, or
| n interest thereon.
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 terms,
conditions, covenants or agreements, therein
contained, then, upon notice and demand IL
writing filed with the said party OF the second
part 1.-THE Public Trustee aforesaid by the bene-
hciary hereunder or the legal holder OF the in
debtedness secured hereby. that snch 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 such sale, it shall and may be law
full for such public trustee. to sell and dispose
OF the said premises Ten masse or in seperste
parcels as said public trnstee may think best.)
and all the right title and interest of said party
OF the said John 4. Miller his heirs or assigns
therein, at public auction at the Eureka Street
Of Central. County Of Gilpin State OF Colorado or
on said premises, or any part thereof, as may be
specified in the notice of such SALE for the highest
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 advertisement
weekly in some newspaper of general circulation
at that time published in said Gilpn County. a
copy of which printed notice, soon printed.
shall be mailed to said party Of the first part the
said John X. Miller. land all subsequent en-
cumbrances) at the address given in the trust
deed. and to make and give to the purchaser or
purchasers of such lands, tencmenfs and premis-
es at such sale certificate certificates in writ
ing describing such lands, tenements and premis-
es purchased and the sum or sums paid therefor.
and the time when the purchaser or purchasers
Cor other person entitled thereto) will be en-
titled to a deed deeds therefor. unless the
| same shall be redeemed as provided by law: and
the said Public Trustee shall tut of the proceeds
or avails Of such sale, after first paying and re-
tanning all fees, charges and costs of making snch
beneficiary Hereunder or legal holder of -aid
notes the principal and interest due said notes
advanced by such beneficiary or legal holder q
said notes. for insurance. taxes and assessments
with interest thereon at eight per cent per an
said John r. Miller, his legal representatives Oh
assigns. which sale or sales and said deed or deeds
said deed Of trust. shall be a perpetual bar both
in law and equity, against the said John X. Mil
ler, his hc:;s and as.igns, and az other person,
claiming the premises aforesaid or any part
thereof, by, from, through or under, the said
John Il. Miller. And that the legal holder OF
sale.
And whereas default has been made in the pay
ment Of the said note coming due ON the 2'tf
ali interest on ali Of said notes, and Whereas tn.
legal holder of all Of said notes has elected e
exercise his option and declare the whole OF th'
on to the time OF sale to be now due and payable
and whereas the said John Foell is now the soil
owner and holder Of all of said indebtedness
and he has in writing, notified me OF the abov,
mentioned default and declared a violation O
the covenants Of said deed Of trust, in that re
spect, and has further declared all Of said note
and indebtneee due and payable, and has eiectes
to advertite the said property for sale, and did
on the S0th day of September 1905, file his notic'
Of such election and demand, for sale, Gin nc
cordance with the terms OF sale specified in ssit
trust deed in writing with the undersigned q
public trustee in and for said county.
| Now therefore, in compliance with such notic
and demand, and under and by virtue Of the pow
er and authority vested in me In and by sal.
trust deed and the law in such case made an,
provided, l. Christopher Trezise, county treas
urer of said county, as public trustee in sssi.
county. do hereby g.ve public notice. that viii
on SATURDAY the ith day of November 1908, at tn
hour Of ten o'clock a. m. OF said day, at tn
Eureka Street front door Of the County Cour
House, in the City OF Central, in the County o
Gilpin In the State of Colorado, sell TALL Of tn
above described premises ten uiasse in sep
crate parcels ns may think best and all tn
right. title and interest Of the said John II. Mil
Ter his heirs and assigns therein. at public auc
ton for the highest and hest price the same vii
bring in cash, for the purpose OF paying III
amount principal and interest due ON sal
notes and the expenses of the execution Of thi
trust. -
County Treasurer and Public Trustee in All
Gilpin County, Colorado.
First pub Oct s-last Oct 20, 1908.