Gilpin observer., 1905-09-14
NOTICE OF PUBLIC TRUSTEES SALE.

NOTICE OF PUBLIC TRUSTEES SALE
HEREAS, Henry Maxwell and Peter Stew
art did, by their certain deed of trust dated
Der 17th. A. D. 1904 in Book 159 at page 1888 of
the records in tha Office of the clerk and re-
eorder OF GilBih county state Of Colorado
Gilpin the following described real estate stu
ate in said Gilpin county, state of Colorado, to-
wit: The Dirlgo lode mining claim, The Dirigo
Extension lode mining claim, The Homestake
| No lode mining claim, The Homestake No. 2
lode mining claim, The Little Johnny No. l
lode mining claim and the Little Johnny No. 2
| lode mining claim, the location certificates of
which said claims are respectively recorded in
county of Gilpin in Book I1s, page ia Book III.
page 47s, Book H. page 551, Book IA, page 557
Book ~. page ts2 and Book IA, page is3, the
being recorded in Book 1ii. page los of the rec
ords of said Office. and said Little Johnny Nos.
! and being the same the claims described
in certain memorandum of agreement made
and entered into on the Sd day of June. A. 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 certain promissory note bearing even
date with sad deed OF trust. for the principal
sum Of Five Thousand Five Hundred and
Sxty-two and 5O-l0O Dollars. Is. So. .5O) payable
| to the order of Lincoln d. Goodshall two years
after the date thereof. with interest thereon at
five per cent per annum from the date thereof
until II 1 nI Paid; interest rest payable annually; and
for value received, did on or about the sixth
day of July. 4. d. 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 of default in the
the payment of the interest thereon. according
to the tenor and effect OF said note. or in case
default shall be made, or in case 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
Hereunder or the legal holder of the indebted
ness secured thereby, that such beneficiary or
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,
or on 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
Iished in said Gilpin county, copy of which
mailed to said Henry Markwella 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, a
| such lands, tenements and premises purchased
and the sums paid therefor, and the
time when the pqsSh1hser sS or RaTfhhasers Ia oi
to deed or deeds therefor, unless the same
shall be redeemed as 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 and advertising said premises, pay to
of said note the principal and interest due on
said note according to the tenor and effect
thereof and az moneys advanced by such bene
ance, taxes and assessments, with interest
thereon at five per cent. per annum. rendering
the overplns (if any)nnto the said Henry Mark
well and Peter Stewart, their heirs and assigns
and all other persons claiming the premises
aforesaid. or any part thereof by, from, through
or under the said Henry Markwell and Peter
WHEREAS, Default has been made in the
terms. conditions, covenants ard agreements OF
said deed of trust by said Henry Markwell and
Peter Stewart. by reason of their failure To pay
when they respectively became due, the interest
and principal, or either of them, or any part
thereof, OF the aforesaid promisssory note and
WHEREAS. The principal of said note still
remains due and unpaid, together with inter
est thereon from the twenty-second day Of July
A.. ID. lM3: at hve 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
aforementioned default, aud declared viola.
tion of the covenants of said deed of trust, In
that respect and has further declared said note
and indebtedness (amounting to SbJb2.aO and
interest thereon at five per cent. per annun
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 scvedtecnt
day of August, A., ID. 1905, hlo his notice
of such election and demand for sale lin ac
cordnnee with the terms of sale specified in
said deed of trust, as by law provided), in writ
ing with the undersigned, us Public Trustee, In
and for the county Of Gilpin, state OF Colorado
Now, rnEnEroRE, In compliance with such
notice and demand, and under and by virtue OF
the power and authority vested in me by and in
accordance with tho terms OF sale specified In
said deed Of trust, and by virtue of said trus,
deed md the Law in su-h case made and pro
vided, |, Chris. Tre2ise, ns the Public Trustee In
and for said county Of Gilpin, do hereby give
public notice that Will on Monday. the 18th da,
at the front door Of the Court House, in Cen
tral City, county of Gilpin, and stat,
premises, Zen masse, or in separate par
cells, as ! may think best), and the right
title and interest Of the said Henry Markwel
and Peter Stewart; their heirs ind assigns there
In, Mt public auction. for the highest and hes
price The same viii bring in cash, for the gpr
pose of paying the sum OF Five Thousand Fiv,
hundred Sixty-two and 5O.i0o Dollars (S5562.sO)
and interest thereon from July 22d 1868 at fiv,