The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-12-28
Notice 81 Trustees sale.

land thereby then and there promised
to pay to said Montezuma Savings,
Loan Building Association at its Of
fee in the City of Albuquerque, New
Mexico, SO months after date, the
sum of s650.O0 with interest at the
rate of 7h per annum together with
a monthly premium of $4.O6, also
dues upon the loan shares in said
Association described in said note
and assigned as collateral thereto,
said interest, premium and dues to
be paid monthly in advance on or be-
fore the first day of each and every
month, in instalments of not less
than $13-78, with the condition that
If any payments provided for in said
note should remain unpaid for 60
days after h same became due and
payable, then the principal as evil
denced by the said note should with
at the option of SAID Montezuma Saw
ings, Loan and Building Association
and,
Whereas the said John T. Helm
and Kittie Helm, his wife, did ON the
said 14th day of April, 1902, in order
to secure the payment of said promis
sorry note according to the tenor and
effect thereof, execute and deliver
to M. w. F1ournoy as trustee, their
certain deed Of trust of that date,
tand thereby then and there convey
ed to said F%lournoy and to his sue
cessors in trust the following real
| estate situate in the county of Chav-
es, Territory OF New Mexico, to-wit:
Lot numbered four ca of block
numbered t~wenty-eight (2S) of River
side Heights Addition to the town of
Roswell in sail county and Territory
as the same is shown and designated
ON the plat or map of said addition
dated October 9Th, 1900, (and Octo-
Der 9Th, 1900 in the Office of the Pro-
bate Clerk and ex-of1cio Recorder of
said county.
And whereas it was in and by said
deed of trust expressly agreed that
in case of default in the payment of
said promissory note or n part
| thereof, or of the interest, premium
or monthly installments thereof ac-1
cording to the tenor and effect of
said note then ON application of said
| Montezuma Savings, Loan and Build
ing Association, the said trustee
would sell and dispose of said real
estate, and all rights, title benefit
and equity of redemption of said
Helm and wife, their heirs and as
signs therein at public auction at
the front o of the postofice in
the town or city wherein aid prop
erty is situated, for the highest and
best price the same would bring in
cash, four weeks notice having beer
previously given of the time, terms,
and place of sale, with a description
of said property, by advertisement
in some newspaper published in said
city, and to execute and deliver to
the purchaser a good and sufficient
deed for the premises so sold, and
out Of the proceeds to pay all costs
of said sale and conveyance includ-
ing reasonable fees of said trustee,
and other expense including attor-
neys fees. together with the amount
due upon said note. and.
Whereas the said John T. Helm
has not paid any installment or 9TH
err sum provided by said promissory
note since June, 1904, and all the in
stallments from July, 1904, to the
present time remain due and unpaid,
and,
Whereas the said Montezuma Saw
ings, Loan and Building Association
by its successor, the Montezuma
Trust Company, has elected to de-
clare the whole of said note due and
payable according to the terms and
conditions of said note and deed of
trust, and,
Whereas the amount due at the
time of sale hereinafter mentioned,
exclusive of the costs and expenses
of tbs sale, is $709.52, and,
Whereas said deed of trust pro-
ton or refusal of the said Flournoy
as trustee to act in accordance with
the terms Of said deed of trust, that
the then acting sheriff of said coun-
ty of HAYES should be, and by the
terms of said deed of trust was ap-
pointed and made successor in trust
OF said sFlournoy, and said real es-
tate became vested in said new trus-
tee, and all the power and authority
granted under said deed OF trust to
said F1ournoy should accrue to and
De exercised by the Sheriff of said
county of Chayes as aforesaid, and,
Whereas, the said Flournoy as said