Gilpin observer., 1903-10-08
NorIcE OF PUBLIC TRUSTEES SALE

NOTICE OF PUBLIC TRUSTEES SAIL
Whereas John r. Miller, did by his certain
deed of trust dated August "a, 1902, and recordec
August 90, 1902, in Book i59 at page 80 of The re
corder Of Gilpin County. Colorado, convey to tll'
Public Trustee in said Gilpin County, the fol
lowing described real estate situate in said Gil
The Giipin Placer Claim. Mineral Survey No
1869 in Hawk. Eye Mining district, in said
Also that certain Ranch Claim in Missouri
Gulch in said District and County, recorded in
Book 7s at page s6i OF the County Records Of
And that certain Ranch claim in said Missouri
Gulch in said district and county. recorded in
Book "a at page 15I OF saiu County records, and
| all Improvements upon said Ranches.
Which said deed Of trust made to secure
the pay ment OF the said John H. Millers five (5)
promissOry notes. benring date the sarle rs said
| deed Of trust, for the aggregate sum of three
! thousand (s0O0) dollars, one for the sum OF tif-
teen hundred t1IC0) dollars payable to said John
| Foell, and four of said notes payable TO John p.
Miller, three thereof for the sum Of four hundred
t400) dollars EACH payable in one, two and three
! years respectively after date, end of said
notes for the sum of three hundred 600 dollars
payable four years after date. all bearing interest
at the rate OF eight per cent per nnnum, interest
| payable annually
And whereas il 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.
Of breach or violation ofany Of the covenants
or agreements of said deed OF trust by the said
party of tie first part, the said John r. Miller,
his executors. administrators assigns, then
and in that case the whole of said principal sum
secured by said trust deed and the interest there
on to the time of sale may mt once at the option
of the legal holder thereof. become due and pny-
able. and the said premises be sold in the manner
and with the same effect as il the said indebted
ness had natured.
| And whereas it is also provided in said trust
deed that in case of default in the payment Of
said notes or any of them. or any part thereof, or
/ in the payment of the interest thereon nccording
to the tenor and effect OF said notes or any Of
then, or in case default shall be made in. in
case OF violation or breach OF. any OF the terms.
conditions, covenants or agreements therein
contained. then, upon notice and demand in
writing filed with the said party of the second
/ part 1.-THE Public Trustee aforesaid) by the bene-
ficinry hereunder or the legal holder OF the in
deltedness secured hereby, hat such beneficiary
or legal holder has declared Il violation Of any OF
the covenants contained in said trust deed and
has elected to advertise said premises for sale,
full for such public trustee. to sell and dispose
of the said promises Ten in seperate
and all the right title and interest ef SAID party
| OF the said John X. Miller his heirs or assigns
therein, at public auction, at the Eureka Street
| front door of the County Court house in the City
of Ceniral- 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 igh
and best price the same will bring in cash, four
weeks public notice having been previously given
of the time and plare Of such sale by advertisement
weekly in some newspaper of general circulation
at that time published in said Gilpin County,
copy Of which printed notice. as soon as printed.
said John X. Miller. land all subsequent en-
cumbrancesl at the address given in the trust
decd and to make and give to the purchaser or
purchasers of such lands, tenemenis and premis-
e. AT such sale certificate certificates in writ
ing describing such lands, tenements and premis-
es purchased. and the sum sums paid therefor.
and the time when the purchaser purchasers
| Tor other person entitled theretol will be
titled to deed or deeds therefor. unless the
same shall be redeemed az provided by law: and
| the said Public Trustee shall ut of the proceeds
or ayails Of snch sale, after first paving and a.
.b1 ur,dc of
sale and advertising said premises pay to th.
beneficiary hereunder or legal holder of said
notes the principal and interest due said notes
according 10 the tenor thereof and all moneys
advanced by such beneficiary legal holder of
SAID notes. for insurance. taxes and assessments,
with interest thereon at eight per cent per n
mum. rendering the over plus tif any unto The
said John X. Miller. his legal representatives or
assigns. which sale sales and said deed deeds.
to be made required by law and as provided in
said deed of trust, shall be perpetual bar both
in law and equity against the said John z. Mil
claiming the premises aforesaid, any part
hese9f. ,y, from, thIoqgh or under, the said
John X. Miller And that the legal holder of
said notes may purchase said property. at such
sale.
And whereas default has been made in the pay
ment OF the said note coming due on the 9th
day of August 1908. and also in the payment of
All interest on all OF said notes. ard whereas the
legal holder of all OF said notes has elected to
exercise his option and declare the whole of the
said principal sum SO secured and interest there
and whereas the said John Foell is now the sole
owner and holder Of all OF said Indebtedness.
and he has in writing. notified me of the above
mentioned default and declared violation of
| the covenants of said deed of trust. in that re-
spect, and has further declared all of said notes
and indebtness due and payable. and has elected
to advertise tire said property for sale. and did,
on the 30th day of September 1903 file his notice
of such election and demand, for sale. lin ac-
cordance with the terms of .ale specified in id
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 snch case made and
provided, !. Christopher Trezise, county treas
urer of said comfy, MS public trustee in said
county. do hereby give public notice. that will
on Saturday the 18th day Of November 1908, at the
hour of ten o'clock a. m 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 kall of the
above described premises len masse or in sep
crate parcels us may think best and all the
right, title and interest of the said John r. Mil
/ Ter his heirs and assigns therein. at public auc-
ton for the highest and 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 TREZlSE,
County Treasurer and Public Trustee in said
Gilpin County. Colorado.
| First pub Oct s-last Oct %. 1908