Gilpin observer., 1903-10-01
NOTICE OF runLIu 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 Gi1pin County. Colorado convey to the
Public Trustee in said Gilpin County, tine fol-
lowing described real estate situate inss said Gil
| pin county to wit
The Gilpin Placer Claim. Mineral Survey No.
1860 in Hawk Eye Mining district, in said
County. and ali improvements thereon, and
Also that cei tain Ranch Claim in Missouri
| ,ulch. in suid District and County, recorded In
Book f3 NJ v.ge :Ji Of the County Records OF
said rourty;
And that -, tain Ranch claim In said Missouri
Gulch in raid district and county. recorded in
Book "a at pnge la OF saiu County records, ana
all improvements upoii said Ranches.
Which said deed H trust was made to secure
the payment of the said John II. Miller's five %
promissory notes, bearing date the same said
deed of tiust, for the aggregate sum OF three
Thousand (soool dollars, one for the sum Of tif-
teen hundred u.C0) dollars payable to said John
Foell. and four of said notes payable to John z.
Miller, three thereof for the sum of -four hundred
(4JO) dollars each. payable in one. two and three
years respectively after date, and one Of said
notes for the sum Of three hundred 5000 dollars
payable four years after date, all bearing interest
ut the rate of eight per cent per annum, interest
payable annually,
And whereas Il is provided in said deed of
trust inter ala that in case of default in any OF
to the tenor and effect of said promissory notes,
aforesaid or nny OF them. OF any part thereof, or
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
on 20 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 the manner
and with the Same effect as if the said indebted
nees had mntuIed.
deed that in case of default in the payment OF
sid notes or 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 II
them, 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 III
writing flied with tn. said party of the second
part tthe Public Trustee aforesaid) BY the bene-
tciary hereunder the legal holder of the in
i.debtedness scored hereby That such beneficiary
or legal holder has declared a violation of amy 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 promises zen masse or IN seperate
parcels as said public trustee mny think BEST
OF the sad John Il. Miller his heirs or assigns
/ therein, at public auction at the Eureka Street
front door of the County Conrt house in the Cit.
of Cent raj Comfy OF Gllpin. State of Colorado.or
on said Premises, or any part thereof, as may be
spec hed in the notice of such sale for the highs
and best price the same will bring in cash four
weeks public notice having been previously given
of the timcArd place Of such sae by advertisement
weekly ~ some newspaper Of general circulation
! copy OF which printed notice as soon as printed.
shall he mailed 10 said party of the fist part the
cumbrancesl at the address given in the trust
/ deed. and to make and give to the purchaser
purchasers of such lands, tenements and preins-
- ut suc sale certificate or certificates in writ
ing describing sucf lands. .e:ements and prems-
e. purchased. snd the sum or sums paid therefor.
and the time when tic purchaser or purchasers
\ Tor other person entitled thereto) will be en-
titled 20 q deed or deeds therefor. unless the
same shall be redeemed rs provided by law: and
btffa s..rf
or avails Of such sale. after first paying and
IA ming all fees. charges and costs OF making such
benetcary hereunder or legal holder Of said
notes tue principal and interest due said notes
according 10 the tenor thereof, and all moneys
I advanced by such beneficiary legal holder of
said notes. for insurance. taxes and assessments.
with interest thereon at eight per cent per an
mum. reIder.ng the over plus (if any unto the
said John Il. Miller, his legal representatives or
a-h'gn wnich sole sales and said deed or deeds
TO lie made A. required by law aud provided ia
eiiI deed OF trust, shall be perpetual bar both
/ in law and equity. egainst the said John X. Mil
ler his heirs and as- igns, and all other persons
claiming the premises aforesaid. any p'f.
/ thereof, hy, from. thToleh under. th,. said
John X Miller. Ana that the legal i''...er of
sale.
And whereas default has been n,a.ie in the pay
ment Of the said note coming on the 9Th
day OF August 1908, and also IA the payment of
all interest on all of said notes. and whereas the
legal holder uf AL of said notes has elected to
exercise his option ami declare the whole Of the
said principal sum so secured and interest there
on To the time of sale to he now due and payable:
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-
j spect and has further declared all Of said notes
and indebtness due and payable and has elected
10 advertise the said property for sale. and did
on the goth day of September 1903 file his notice
of such election and demand, for sale, lin ac-
cordance with the terms of sale specified in said
trust decd in writin. with the undersigned as
] in an N
| Now therefore, in compliance with such notice
and demand, and under and ~ virtue of the pow
er and authority vested in me in and by said
trust deed, and the law in such case made and
provided. l.. Christopher Trezise. county. treas
urer of said county, public trustee in said
county. do hereby give public notice. that will
on Saturday the sist day of October 1905 at the
hour of ten O'Clock n. 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 fall of the
above described premises Ten mnsse or 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-
tion 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 TREZISE,
County Treasurer and Public trustee in said
Gilpin County, Colorado.
First pub Oct last Oct %, 1908.