The Alamogordo news. (Alamogordo, N.M.) 1899-1912, 1906-05-12

day Of April, 1905, by their certain
mortgage deed duly executed, grant,
bargain sell aud convey TO j. N. Me-
Fate all their right, title and interest In
and to the following described lot, tract
and parcel OF land and real estate to-
gether with all the improvements and
appurtences thereunto belonging, situa-
ted in the town OF AlamogordO In the
county OF Otero and Territory of New
Mexico, described as follows, to wit:
Lot No. five (5l in Block & Of the town
of Chihuahua. Alamogordo, N. NJ, as
appears by the recorded plat of said
town.
And whereas, the said conveyance
was executed for the purpose of secur-
ing the said j. N. McFate as surety on
the bond of said Frank Villarcal 10 the
sum OF Two Hundred Dollars, condition
ed for the appearance OF the said Frank
Villarcal at the next regular (September
19O5) term of the DistrictI court in
Otero county, and in event said Villar
cal should appear at said term Of court
said mortgage was to be null and void.
otherwise to remain In full force and
effect.
And whereas, 1t was further provided
in said mortgage that IN case default
should be made by said Frank Vlllarcal
by failing to appear at said time speci-
fed before said court, or by falling to
pay the amount OF such bond In case
same should be forfeited, then the said
j. N McFate, his agent or legal repre-
sentative should be, and by said mort
! gage IL authorized and empowered to
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premises, and after having given notice
OF the time, place and manner of sale
thereof, by y notice OF said sale publish
ed in some newspaper printed in the
county OF Otero for at least thirty days
prior to the time Of said sale, to sell ut
public auction to the highest bidder for
cash the said described property.
And whereas, the said Frank Vallar
cal failed to appear before said court at
the time specified in said mortgage by
reason OF which said bond was at SAID
September term declared forfeited and
a Judgment OF forfeiture entered by said
court for the amount OF said bond to.
gether with costs. &c.
And whereas, neither the said Delnres
Arispe VIllarcal or the said Frank Vii.
larcal have paid the amount OF said
bond, or the judgment entered thereon
nor any part thereof, though same |:
past due.
Now therefore, by reason 0f said de.
fault, !. the undersigned J. N. MeFate
by virtue of the authority vested IN me
by the terms Of said mortgage, do here
by give public notice, that will on
Thursday, the 14th day OF June, 1906
az the hour of O'Clock D. IN. OF saiC
day at the front door OF the court house
in the town Of AlamogordO. county d
Otero, Territory OF New Mexico, olIpi
for sale and sell at public auction to tht
highest bidder for cash In hand the sais
property described In said mortgage {,
satisfy the amount due on said bond ans
the judgment entered thereon and costs
also the costs OF sale OF said above de
scribed property.
Said mortgage being OF record IN th,
Office Of the probate clerk and e1-Oilici,
recorder Of said Otero county st pag,
22S Of book Is Of the Records or Mort
cages In said Office.
Dated Alamogordn, New Mexico, thi
18th day Of May, 1906
J. N. McFATE.
Thomas d. Penry,
Attorney for Mortgagec
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