Sierra County advocate., 1910-01-21

part thereof, according to the tenor and
effect thereof, then an application OF the
! legal holders OF said notea, the shid John
G. Warren as trustee would sell and dispose
! OF the above-described property, together
with all the right, title, interest, benefit
and equity of redemption of said South
western Lead d Coal Company, its succces-
sors and assigns therein at public auction,
at the front door Of the county court house
Of said county of Sierra, for the highest
and best proc the same would bring IN
/ cash four weeks notice having been pre-
yloualy given Of the time, terms and place
OF sale, with description Of said property
by advertisement in some newspa per
published in said county of Sierra; and
upon the sale Of said premises, the said
John Z, WGrIsa, rs trustee, ahou eX-
ecnte and deliver to the purch aser ~ pur-
chases at said sale a good and sufficient
deed or deeds Of conveyance Tor the pre-
muses. sold, and out Of the proceeds of said
sale should pay: first the cost OF advertis-
ing and making sales and conveyances, in-
oluding reasonable fees and commissions of
SAID trustee, and all other expenses Of his
trust, including attorneys fees, counsel
fees for ADVICE and professional services
and second, the principal OF said several
notes, together with interest thereon TO the
time OF payment; and in case there should
not be sufficient funds to pay the whole Of
theluterest on all of said notes should first
1e PAID and The balace applied pro rata TO
the several notes, rendering the 0verplus
i any, 70 said South thwesteru Lead d Coal
Company.
And it was further provided that it should
not nc t be obligatory upon the part Of the
purchaser or purchasers at said sale to see
to the appicat Of tho purchase money
and that any sale or sales SO made should
be perpetual bar both IN law and in
equity against said Southwestern Lead q
Coal Company and its successors and as
signs, and other persons ceimiug tbe prem
lses OF any part thereof, by, from. through
9r under eaid southwestern Lead & Coal 4
Company
And WHEREAS Thea pronissory notes
above described have not been paid and
there IS now due thereon the principal
OF sald promlssory notes, respectively, to-
getheT ~Ign interest at the rate of six per
cent per aunnm from the TIN DAY Of June,
1909 amounting to the day OF sale hereinafter
mentioned to the sum of Thirty Three
! Thousand one ilupdrea Seven and l4-1O0 /
Dollars (33, l0l4l
And WHEREAS the legal holders Of said /
notes have requested the undersigned trus-
lee TO enforce the terms Of said deed of |
rust by sale under the powers therein con
tanned,
Now, THEREFORE,, in accordance with
lhe premises and The terms oi said deed of |
trust, ! will, on The Iath dav Of January, I
1910 at the hour Of ten clock in the /
.9renoon Of SAID day. at the front door
II the county court house il the town OF /
Hlilsboro IN the GO ntY ef sierca and Ter
1tory ot New MeEico sell at public
tucti0n, 10 the highest and best bid
Ter for cash, all Of the property above
described, together with all the sight
atie interest, benefit and equity of re-
iempt'Ou Of said Southwestern Lead and
.oal Company, its successors and assigns
herein, TO satisfy ssid smouut due on said
)romls9oy notes together with the costs of
ldvertising, sale and conveyance of said
property and the execution If said trust,
ncluding he reasonable fees and expenses
= SAID trustee and reasonable attorneys
.nd counsel tees.
JOHN c. WARREN,
Trustee.
II. j, BAKER AND A. B. MoMILLEN,
Attorney for said Trustee,
'lrst pub. Nov 1909 Last pub. Dec II -09