Gilpin observer., 1903-10-15
NorIcM or PUBLIC rRusrEe,s SALE

NOTICE or PUBLIC TRUsTEE's SALE
Whereas John r. Miller, did by his certain
August 20, 1902, in Book a9 at page 80 Of the re-
corder of Gilpin County. Colorado, convey to tile
Public Trustee in said Gilpin County, tine fol
lowing described real estate situate in said Gill
The Gilpin 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 % at page S6i Of the County Records Of
And th'st certain Ranch claim in said Missouri
Gnlch in said district and county. recorded in
Book "a at page 15I Of said County records, and
all improvements. upon said Ranches.
Which said deed Of trust was made to secure
the payment of the said John X. Miller's five (5)
promissory notes. bearing date the sar1e said
deed OF trust, for, the aggregate sum of three
teen hundred tls0Oj dollars payable to said John
Foell, and four of said notes payable to John +.
Miller, three thereof for the sum of four hundred
| (400) dollars each payable in one. two and three
years respectively after date, and one of said
notes for the sum OF three hundred $500 dollars
payable four years after date all bearing interest
at the rate OF eight per cent per annum. interest
payable annually.
And whei eas i is provided, in said deed Of
trust, inter ALA that in case of default in any of
said payments OF principal or interest according
to thetenor and effect Of said promissory notes,
aforesaid or any Of them. or any part thereof
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 II. Miller,
his executors, administrators or assigns, then
and in that case the whole of said principal sum
secured by said deed and the interest there
on to the time of sale. may ct 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
ness had matured.
And whereas il is also provided in said trust
deed that in case of default in the payment of
sald 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 Of
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
@ns wb ab said pars Of tss second
part 1.-THE Public Trustee aforesaidl by the bene-
fciary 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
and demands such sale, it shall and may be law
full for such public trustee, to sell and dispose
sns sara e pTsmses yen asse or tir n @
and all the right title and interest of said party
Of the said John Il. Miller his heirs or assigns
therein, at public auction at the Eureka, Street
front door of the County Court house in the City
of Cen, raj County of Gilpin. State of Coloradoor
on said premises, any part thereof. as may be
specified in the notice of such sale for the highe st
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 Gilpin County,
shall be mailed to said party Of the first part the
said John X. Miller land all subsequent
deed. and to make and give to the purchaser or
purchasers of such lands, tepements 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 the time when the purchaser or purchasers
Tor 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 -ut of the proceeds
I M of urh gul IA aff rsf nav ynD md 20
tanning all fees. charges and costs of making such
sale and advertising said premises. pay to the
notes the principal and interest due said notes
according to the tenor thereof, and all moneys
said notes. for Insurance. taxes and assessments,
with interest thereon at eight per cent per an an
said John Il. Miller, his legal representatives or
assigns. which sale or sales and said deed or deeds
to be made required by law and provided in
said decd Of trust, shall be a perpetual bar both
in law and equity, against the said John R. Mil
Ter. his heirs and assigns and all other persons
claiming the premises aforesaid, or any part
'heseof, by, from, through 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
nent Of the said no'e coming due on the 27th
ali interest on % ali 81 said n notes. and wheneas 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
on to the time Of sale to be now due and payable;
and whereas the said John Foell ia 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 a 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 the said property for sale, and did.
on the sOth day of September 1903. file his notice
of snch election and demand, for sale, lin ac-
cordance with the terms Of sale specified in 8 id
trust deed in writing with the undersigned as
public trustee in and for said county.
Now therefore, in ompliance with such notice
and demand, and under and by virtue of the pow
and authority vested in me In and by said
trust deed and the law in such made and
provided, /. Christopher Trezise, county treas
urer of said county, public trustee in said
county. do hereby give public notice, that will
on Saturday the Ith day of November 1903, at the
hour OF ten o'clock 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 tall OF the
above described premises len masse or in sep
crate parcels as may think beet) and all the
right title and interest Of the said John r. 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 on 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 s-last Oct 90, 1908.