The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1911-10-04

roads. highways. canals, railways anu sta
tion grounds. and all existing rights Of
way thereon, and all existing reservations
therefor. and the right to maintain the
public school soa.s as no" located
The South Half Of the Southwest quar-
ter. and the Southeast quarter Of the
Northeast quarter. and the Southeast
the West Half Of the Northwest guar
ter and the Northeast quarter Of the
Northwest quarter Of Section Twenty
three (Z3J. also the North Half of the
Northwest quarter Of Section Twenty
seven fz71; all in Township Twenty
three (23D South, Of Range Forty.three
(431 West Of the Sixth Principal Merid-
ian. Subject. however. to the existing
roads and rights Of way thereon
Schedule c
ter rights, numbered from onel) to one
hundred and thirty-one l3iJ inclusive.
Of the One hundred and thirty eight
flSsl water rights In The X Y lrHgat-
ing Ditch Company Canal conveyed by
The X Y. Irrigating Ditch Company to
Barbara $. Harvey. Ford +. Harvey and
last will Of Frederick II. Harvey, deceas
ed. by deed Of said Company Number
Five (51 executed or dated March 8.
1907, and by said Trustees conveyed 10
Daniel II. Bane and owen b. Bassett By
deed executed or dated March 10. 1902,
and by said Daniel II. Bane and Owen
b. Bassett conveyed to The X Y. Land
and Irrigation Company by their quit
claim deed dated November Q. 1908. and
recorded November 20. 1908. in Book s..
Page 1872 Of the records in the office Of
the County Clerk and Recorder of Prov
ers County. Colorado together with all
rights hereunder and subject to the con-
dltlons and Limitations In said deed Mum
Der Five 81 contained. to secure the
payment Of five certain promissory notes
given by the said The X. Y. Land and
irrigation Company. which said notes
were dated February 10. 1903, each of
said notes being given for the principal
sum Of Fifteen Thousand Dollars
after the date thereof respectively. with
interest thereon from date until paid at
the rate Of seven per cent q per cent?
per annum. Interest payable annually.
and bearing interest at the rate of ten
per cent no per cent? per annum after
maturity. and an Of said notes being
made payable to the order of Emmett l..
HOlingsworth, and
WHEREAS. said deed Of trust provides
among other things. that in case Of de
fault In the payment Of SAID notes. or
any Of them. or any part thereof. or IN
the payment of the interest thereon ac-
cording to the tenor and effect of said
notes. then upon notice and demand In
writing filed with the said party OF the
second part by the beneficiary in said
deed Of trust named or the legal holder
Of said Indebtedness. or any part there
or legal holder has declared a violation
Of any Of the covenants In said deed OF
Trust contained. and has elected to ad-
vertiHe said premises for sale and de-
L.
lawful for said party of the second part
to sell and dispose Of said premises Zen
fnasHe or In separate parcels as said
Public Trustee may think best). and all
the right, title and interest OF the said
| party Of the first part. Its SUCCESSORS or
assigns, therein at public auction at the
| IN the County Of Prowers 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
weekly In some newspaper Of genera
| circulation at that time published In
| sald I'rowers County, and
| WHEREAS. default has been made In
| the payment Of all the principal and
all the interest due upon said five
/ promiasory notes and the said notes
/ paid. and all Of the said promissory
notes and the interest thereon by tbs
terms Of said notes are past due and
wholly unpaid. and
| WHEREAS. The said Emmett l.. Hol-
iingsworth. the beneficiary in said deet
Of trust named. and the legal owner
n violation of the covenants in said
deed Of trust contained and has elected
10 advertise said premises for sale
and has made demand In writing upon
the undersigned. the Public Trustee II
and for the County Of Prowers and
state Of Colorado TO sell and dispose
bi Fhlu uh pfoNlntu by Auld
deed 81 trust. and all the right title
| and interest Of the said The Y. Y
| Land and Irrigation Company, its sue
cessors and assigns, therein. mt public
auction ms provided by the terms oi
said deed Of trust. and
| WHEREAS. There now remains due
and unpaid upon said five promissory
notes the total aggregate amount Of
principal and interest
NOW THEREFORE, I, John o.
Stream. Public Trustee In and for the
County of Prowers and State Of Colo
RADIO. Mt the request Of the said Emmett
| l.. Hollnesworth. beneficiary and tbs
legal owner and holder Of said notes
as aforesaid. and by and under the au-
thority Of the power OF sale In IN,
vested by the terms OF the said deed
Of trust, and by the law. viii Mon
day. the sixth day Of November, a. ID
| 1911, at the west front door of this
Court House in the Town of Lamar
County Of Prowers and state of Colo
| RADIO. at the hour Of ten o'clock in the
| forenoon of said day, sell the above de
scribed real estate and property, ant
all the right. title. interest, benefit AM
equity Of redemption OF the said The
| X Y Land and Irrigation Company
and its SUCCESSORS and assigns. In ant
to the said described property. at pub
lie auction for the highest and best
price the same viii bring I'm cash. foi
the purpose of paying the above men
! toned Indebtedness. and all costs
charges and fees (incuding attorney
fee as provided In said notes.. as pro
vfded IN said deed OF trust. and that