El Paso herald. (El Paso, Tex.) 1901-1931, 1913-12-29
Iegal Notices

of land. Together with all improve
ments located on all of the property
hereinbefOre described, including privi-
legeS, tenementS, hereditamentS and
appUrtenances in any way appertain-
/ Ing TO said property or any part there
Whereas, Said deed Of trust was exc
/ cuted and delivered to James G. Nc
Nary, Trustee, upon the aforesaid land,
real estate and premises to secure the
First National bank of FL Paso, Texas,
In the payment of a certain note exc
cuted by FL PasO Military Institute
company, a corporation, to said the
First National bank of Ell PasO, Texas,
for the principal sum of twenty eight
thousand six hundred and siXty-nine
lS2S.669.00) dollars, bearing date of
January 6, 1911, due in one year, and
providing for interest at the rate Of
percent per annum from date, and con-
tanning the usual 10 percent attorneys
fee clause; and
Whereas, BY assignment dated the
23rd day of February, 1911, the First
National bank of FL PasO, Texas, did
assign, transfer and convey unto Felix
Martinez j. j. Mundy, Charles NJ. New
man and A. COurcheSne the aforesaid
note of tWenty-eight thousand, six
hundred and sixty-nine (S2S,669.OO) dol
lars, together with the deed of trust
lieu securing payment thereof, and said
assignment being of record in FL Paso
county, Texas, and being recorded in
the Deed Records of Ell PaSO county,
Texas, in volume ia, page 121, to
and
Whereas said note matured on the
9Th day Of January, A. D., 1912, and is
now long since matuTed: and
Whereas, All of the principal of said
note is unpaid, as well as the interest
due thereon from the 9Th day of Janu-
airy, A D., 1911, up to and including
this date, at the rate of s percent per
annum: and
Whereas Said deed of trust contains
the following provision: I'm the event
- - H. An~~w@ e 4 n=
maturity thereof according to its tenor
and effect, the said James G. McNary,
Trustee, or his successor or substi-
! tute is by these presents fully author
lied and empowered. and II is made his
special duty, at the request of the
legal holder of said note at any time
after the maturity Of said note, or
after default in the payment of any
instalment of interest, TO sell the above
described property to the highest bid
der for cash, to him in hand paid, at
the court house door in and of the
city and county Of FL PasO, Texas.
after first giving public notice Of the
time place and terms of said sale, and
selling the same as is required by the
! laws of the state of Texas governing
the sale of real property under mort
cages or deeds Of trust" and
Whereas, Felix Martinez, J. J. Nun
dy. Charles NJ. Newman and A. COur-
| chesne, the legal holders and owners
Of the aforesaid note. haye requested
me, the said James G. McNary. Trus-
tee, to enforce said deed OF trust and
all of the terms thereof, and TO sell
! the above described land, premises and
/ improvements to satisfy and discharge
/ the aforesaid note, the principal where
of amounts to twenty eight thousand
[ six hundred and sixty-nine (S28. 66900)
dollars, together with interest thereon
at the rate of s percent per annum
| from the 9Th day Of January, A. D.,
| 1911.
Now, Therefore. in consideration Of
| the premises, and in accordance with
! the provisions of said deed of trust
! and at the said request of the said
! legal holders of said note, Z James G..
! of trust, will proceed to enforce said
! deed of trust, and will offer for SALE
and will proceed to sell, on the first
/ Tuesday in January, A. D.. 1914. the
/ same being the 9Th day of January,
I A. D., 1914, between the hours of 1000
/ o'clock a. m. and 400 o'clock D. m, at
public auction. to the highest bidder
( for cash, at the court house door in
the City and County of Ell PasO Texas
/ the above and foregoing and described
I lands real estate. premises and inn
proVements, together with all rights,
: belonging, to satisfy the principal of
said note, towit, Wenty-eight thousand
six hundred and SiXry-nine (S2S. 669 O0)
dollars with interest at the rate of s
percent per annum upon same from the
9Th day of January, A. D., 1911, to-
/ gether with costs and expenses of exc
cutting this trust; and the proceeds de-
rived from said sale will be so applied:
and I will make to the purchaser or
I purchasers thereof a good and suffi-
cienu deed to the property so sold
Witness my hand the 10th day Of
December, A. D., 1913.
James G. McNary.
Trustee.