El Paso herald. (El Paso, Tex.) 1901-1931, 1913-12-15
Legal Notices.
NOTICE OF TRU STEE'S SALE OF
Ell PAS0 MILITARY INSTITUTE
COMPANIES PROPERTY.

AOIICE OF TRU SALE OF
Ell PASO MILITARY INSTITUTE
COMPANY'S PROPERTY.
Whereas, FL Paso Military Institute
company, corporation, in due and
legal form, did make, execute, acknow-
ledge and deliver TO James @. McNary.
trustee, a certain deed of trust, dated
the 9Th day Of January. A D, 1911.
recorded in the Deed Of Trust Records
OF FL PaSO county, Texas, in volume
s., page 133, to which reference is here
had and made for a further and other
description Of the land and premises
and note hereinafter mentioned, and
therein conveying TO the said James c..
McNary, Trustee, all and singular the
following described lands and real
estate, together with the improvements
located thereon, situate. lying and be-
ing located in the County of FL PasO,
and in the State Of Texas, and be-
ing described by metes and bounds as
follows, tOWit;
First Tract: A part Of the August
Meisel survey number one hundred and
elghty-seVen (1S7), lying about four
an and one-half (43z) miles n. L. from the
IL PasO county court house, and being
about eighteen (1S) acres of land,
fully described in the deed from said
August Aieisel to the FL PasO Military
institute company, recorded IN book
125 at page u, of the Deed Records Of
El PasO county, Texas, and bounded
as follows, tOWit- Beginning at the
sOuthWesterly corner of the said Au-
the easterly line of the United States
military reservation: thence easterly
one thousand and thirteen and eight
tenths (1O13.S) feet; thence north
ely seven hundred and forty and eight
tenths i740.S) feet along the west
erly line Of Front street according 10
the plot Of the Military Institute addi-
ton to the city Of FL PasO, Texas
thence westerly one thousand and thir-
teen and eight-tenths 1O13.S) feet to
the United states military reservation;
M rI1r= d f7HYarH
and twenty-five and three-tenths
(722.3) feet to the place of beginning.
Second Tract: Also the following
tract of land situated in the County Of
FL PasO and state of Texas, decided to
said FL PasO Military Institute COM
pany by G. r. MOrehead for the State
National bank Of Fl PasO, Texas, and
7. 7 Beau and Lamar Davis and Allie
Davis, said deed being recorded in vol
Ume 1914 Deed Records Of El PasO
county, Texas. at page $50, and said
tract Of land being described by metes
and bounds as follows: Beginning at
cen acre tract OF land conveyed by
August Meisel to said FL PasO Military
Institute company: thence easterly on
line Of said eighteen acre tract one
thousand and thirteen and eight
tenths (1O13.S) feet; thence sOutherly
one hundred and siXty-tWO and forty
seven One-hundredths C16247) feet:
thence westerly one thousand and Z
thirteen and eighU-tenthS (1O13. 81 /
feet, and thence nOrther1y one hundred I
and eight-One and tWenty-seVen one
hundredths (1S12D feet to the place OF /
beginning, containing four "a acres
of land Together with all improve /
ments located on all Of the property 4
relnbeIOre described, including privi- 4
1eges. tenementS, Embellishments and j
appurtenances in any way appertain- .
ing TO said property or any part there I
of: and
Whereas Said deed Of trust was exc /
nd tn
Nary, Trustee, upon the aforesaid land, ]
real estate and premises to secure the I
First National bank Of FL PasO, Texas, !
IN the payment of a certain note exc /
cuted by FL PasO Military Institute 4
company a corporation to said the I
First National bank Of FL Paso. Texas. /
thousand six hundred and siXty-nine =
6$2S,669-00)- dollars, bearing date Of /
January 6, 1911, due in one year, and I
providing for interest at the rate Of 4
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
bank OF Fl Paso, Texas. did I
assign, transfer and convey unto Felix
Martinez, J. J. Mundy, Charles n. New
man and A COurchesne the aforesaid
note of twenty-eight thousand. six
hundred and siXty-nine (S2S,669. 00) dol
lars, together with the deed Of trust
lieu securing payment thereof. and said
assignment being of record in Ell Paso
county. Texas and being recorded in
the Deed Records Of FL PasO county.
Texas, in volume IA, page 121, to !
which reference is here had and made;
and
Whereas. said note matured on the
6th day Of January, a. D., 1912, and IS
now long since matured; and
Whereas, All Of the principal Of said
note is unpaid, as well as the interest
due thereon from the 6th 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: In the event
Of said note not being promptly paid at
thereof according to its tenor
and effect, the said James G. McNarv,
Trustee, or his successor or Substi-
-ute IS by these presents fully author
zed and empowered, and il is made his
special duty, at the request OF the
egal holder Of said note at any time
after the maturity OF said note. or
after default in the payment Of any
described property to the highest bid
Ter for cash, to him in hand paid, at
he court house door in and of the
3ity and county of Fl PasO, Texas.
lfter first giving public notice of the
line. place and terms of said sale, and
selling the same as is required by the
avs Of the state Of Texas governing !
ne sale Of real property under mort
cages or deeds Of trust" and
Whereas, Felix MARTINEZ 7. 7 Mum
", Charles N. Newman and A. Cour-
'hesne, the legal holders and owners
Y the aforesaid note, have requested
ne, the said James G. McNary, Trus- ]
ee, to enforce said deed Of trust and
III of the terms thereof, and TO sell
he above described land, premises and
to satisfy and discharge
he aforesaid note. the principal where
Il amounts to twenty eight thousand
TX hundred and siXty-nine (S2S $4,000
olars, together with interest thereon
t the rate Of S percent per annum
rom the 9Th day of January, A D,
oil.
Now, Therefore, in consideration Of
he premises, and in accordance with
he provisions of said deed of trust,
nd at the said request of the said
agal holders Of said note. I, James G.
IcNary, Trustee in the aforesaid deed
f trust, will proceed to enforce said
eed Of trust and viii offer for sale.
nd VIII proceed to sell, on the first
tuesday, in January, A D. 1914. the
anne being the 9Th day OF January, e.
+ D. 1914, between the hours of 1890
clock a. m. and 400 o'clock p. m. at
ublic auction, to the highest bidder
1r cash. at the court house door in
he City and County of Ell Paso. Texas.
he above and foregoing and described
3ndS real estate. premises and i'm
rovements, together with all rights,
lemb hers and aDDuTteuanceS thereuntO5