Gilpin observer., 1905-09-21
NOTICE OF PUBLIC TRUSTEES SALE.

WHEREAS. Henry Maxwell and Peter Stew
art did, by their certain deed Of trust. dated
Der 11th. A. D. 1904, in Book 15s at page iss of
the records. 10 the Office of the clerk and re-
corder of Gilpin county, state OF Colorado,
convey to the Public Trustee in said county of
Gilpin, the following described real estate situ-
ate in said Gilpin county, state of Colorado. to-
wit: The Dirigo lode mining claim, The Dirigo
No lode mining claim. The Homestake No. 2
lode mining claim, The Little Johnny No.
lode mining claim and the Little Johnny No. .
lode mining claim. the location certificates of
which said claims are respectively recorded in
the Office of the clerk and recorder of the said
county of Gilpin in Book ll8, page ia Book IA
page l7s. Book IA. page jsl Book III, page 5l7
Book Ia. page ~ and Book IA, page le3, the
relocation certificate of said first named claim
being recorded in Book III, page los of the rec
ords of said office. and said Little johnny Nos
and being the same as the claims described
IN a certain memorandum OF agreement made
and entered INTO on the 3d day OF June. 4. D.
1903. between said Peter Stewart and Henry
Markwell as the Little Johnnie Nos and g the
last named spelling being erroneous: which
said deed of trust was made to secure the pay
ment of a certain promissory note bear ring even
date with said deed of trust. for the principal
sum of Five Thousand Five Hundred and
Sixty-two and 50l0O Dollars, Is. s.5625O), payable
to the order of Lincoln ID. Goodshall two years
five per cent. per annum from the date thereof
until paid interest payable annually; and
WHEREAS, The said Lincoln d. Goodshall,
for value received. did on or about the sixth
day of July. A. ID. 1901. assign and transfer the
said note to Hero b. Herr. who is now the own
er and legal holder thereof and
WHEREAS. 1t is provided in said deed of
trust, inter ALA that, in case Of default in the
payment of said note, or any part thereof, or in
the payment OF the interest thereon. according
to the tenor and effect of said note. or in case
default shall be made, or in of the viola
tion, or breach of any of the terms, conditions.
covenants or agreements therein contained,
then, upon notice and demand in writing filed
with the said Public Trustee by the beneficiary
thereunder or the legal holder of the indebted
bat E..t..
legal holder has declared violation of any Of
the covenants therein contained. and has elect
ed to advertise said premises for sale, and de-
mands such sale, it shall and may be lawful for
said Public Trustee to sell and dispose of the
said premises Ten masse or in separate parcels:
as said Public Trustee may think best, and all
the right, title and interest of said Henry
Maxwell and Peter Stewart, their heirs or as
signs therein, at public auction, at the front
door of the county court house in Central City,
in the county of Gilpin and state of Colorado,
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 news
paper of general CIRCULATION, at that time pub
lished in said Gilpin county, copy of which
printed notice. as soon as printed, shall be
mailed TO said Henry Markwell and Peter Stew
art land all subsequent encumbrancers) at the
addresses given in the trust deed, and to make
and give to the purchaser or purchasers OF such
lands. tenements and premises, at such sale, u
certificate or certificates in writing. describing
such lands, tenements and premises purchased,
and the sum or sums paid therefor, and the
time when the purchaser or purchasers Tor
other persons entitled theretol shall be entitled
to a deed deeds therefor, unless the same
shall be redeemed us provided by law; and the
said Public Trustee shall. out of the proceeds
or avails of such sale, after first paying and re-
tanning all fees, charges and costs of making
said sale aud advertising said premises, pay to
the beneficiary hereunder or the legal holder
of said note the principal and interest due on
said note according To the tenor and effect
o sl...r. utaIn NIL uly ~
iciary or legal holder of said note for insur-
ance, taxes and assessments, with interest
the oyerplus (if any )unto the said Henry Mark
well and Peter Stewart, their heirs and assigns,
and all other persons claiming the premises
OF or u under The said Henry Maxwell and Peter
WHERE'S. Default has been made in the
terms, conditions, covenants and agreements of
said deed of trust by said Henry Markwell and
Peter Stewart. by reason OF their failure to pay
when they seea%s CT due the
thereof, of the aforesaid promisssory note and
WHEREAS, The principal of said note stu
remains due and unpaid, together with inter.
est thereon from the twenty y-second day Of July,
A. d. 1903. At i've per cent: per year and
WHEREAS, Hero b. Herr, the beneficiary
under said deed OF trust and the legal holder OF
said note, has in writing notified me of the
above. mentioned default, and declared viola
that respect, and has further declared said note
and Indebtedness (nmounting to s'b2.oo and
interest thereon ut five per cent. per aDnum
from July I'D 1908. until paid) due and pay.
able. and has elected to advertise the said
property for sale, and did, ON the seyedteenth
day of August A., ID. 1905, file his notice
OF such election and demand for sale lin ac-
cordance with the terms Of sale specified in
said deed of trust, us by law proyidedl, In writ
ing, with the undersigned, as Public Trustee, in
and for the county OF Gilpin, state OF Colorado.
Now, rIEiEroRK, In compliance with such
notice and demand, and under and by virtue, OF
the power aud authority vested In me by and in
accordance with the terms of sale specified In
said deed Of trust, and by virtue OF said trust
deed and tho law in su-h case made and pro-
vided, l. Chris. Trezise, as the Public Trustee in
and for said county, q Gilpin, do hereby give
public notice that will ON Monday the 25th day
Of September, a. d. 1905, at one O'clock p. M,
at the front door OF the Court House, in Cen
tral City, county of Gilpin and state
of Colorado, sell all the above described
premises ten mnsse, or In separate par
cells, as | mny think best), and the right
title und interest Of the snid Henry Markwell
and Peter Stewart; their heirs and assigns there.
In, at public anction, for the highest and bes,
price the same win bring IN cash, for the gnr.
hundred Sixty.two and 50l00 Dollars. l$5s62. SO)