Gilpin observer., 1913-12-25
NOTICE OF TRUSTEES SALE

WHEREAS, James A. Gilmour ant
Walter b. Townsend of the county oi
Gilpin and State of Colorado, party
of the first part by their deed O.
trust, dated the fourteenth day o.
January, A. D. 1889, which is record
ed in book SO at page 263 of the re-
cords in the office of the clerk and
recorder of Gilpin county, Colorado,
duly conveyed to Frank H. Messin-
ger of same county, party of the sec
ond part, as trustee, all the prem
ises situate in the county of Gilpin
and State of Colorado, known and
Daisy Lode, the King of the Noun
tain Lode, the bonanza Lode, the
Jim Blaine Lode and the
Jim Blaine Millsite, being all the
lodes and the millsite contained in
the United States Mineral Survey,
No. 5424, A and in the U. S. Land
Office at Central City, Colorado, ex-
cept the Daisy Extension Lode. Also
conveying hereby the fifteen stamp
quartz mill, boiler and engine and all
fixtures and all other improvements,
situate on said Jim Blaine Millsite.
All situate in Independent Mining
District, Gilpin County, Colorado,
which deed of trust was made. to Sc
sorry note of even date with said deed
of trust, payable to the order of
The First National Bank of Central
City, at Central City, Colorado,
one year after the date there
of, for the sum of Thirty
four hundred dollars, with interest
thereon at one per cent per month
from date until paid, interest pay
able half yearly, as is more particu-
larly set forth in said deed of trust,
reference to which is hereby made
for greater certainty; and :.
WHEREAS, it is provided in said
deed of trust that in case of default
in payment of said note or any part
thereof, or interest thereon, accord
ing to the tenor and effect of said
note, then it shall and may be law
full for said party of the second part,
his heirs, assigns or successors in
trust, to sell and dispose of said
premises, and all the right, title,
benefit and equity of redemption of
said parties of the first part, their
heirs or assigns therein, at public
auction, at the front door of the
Court House in Central City in the
county of Gilpin in the state of Col
.orado, for the highest and best price
The same will bring in cash, thirty
tice having been previously given OF
the time and place of such sale by
advertisement in one of the weekly
newspapers at that time published
in said Gilpin County and to make,
execute and deliver to purchaser or
purchasers at such sale good and suf-
ficient deed or deeds of conveyance
for the premises sold, and out of
the proceeds or avails of such sale
and the purchase money paid there
on, after first paying all costs OF
advertising and sale, commissions
and all other expenses of this trust,
to pay the principal and interest due
son said note according to the tenor
and effect thereof, rendering the
soverplus if any unto the said par
ties of the first part, their legal rep
resentatives or assigns, on reason
able request and it is further pro-
vided in said deed of trust that the
holder or holders CT said note may
become the purchaser of said prop
~eerty; and
Whereas, it is further stipulated
and agreed in said deed of trust that
in case of death, resignation, re-
moval from TIE county OF Gilpin or
failure to act or other inability of
the said party of the second part,
s1iilpin County shall be and hereby
is appointed and made successor in
trust herein, with like power and
authority as the said party of the
second part, and tie said premises
shall become vested in such new
trustee accordingly; and
Whereas, tie said James A. Gill
mour and Walter B. Townsend, their
heirs, executors and administrators,
have made default in the payment
said note or any part thereof or in
terest thereon; and
Whereas, on or about the 7th day
of August, A. ID. 1904, the said Frank
II. Messenger named in said deed of
trust as party OF the second part de-
parted this life; that the undersigned
Albert S. Gundy is now the acting
sheriff of said county; and as such
acting sheriff is tie successor in
trust of the said Frank II. Messin
ger, deceased, as in said deed of
trust specifically provided; and
Whereas, on or about the End day
CT April, A. d. 1907, the said James
, A Gilmour> departed this life at Cen
trail City, in said county and state;
and afterwards one Margaret E. Gil
mour was, by the County Court of
said county, appointed administra-
trix of the estate of the said James
A. Gilmour, and ever since hitherto
she has been the acting administers
trix of said estate; and
Whereas, on or about the 21st day |
of May, A. ID. 1907, the said The |
First National Bank made, verified
and filed its certain claim based up |
on said promissory note, the indebt |
edness represented thereby being Sc
cured by said deed of trust and af-
.terwards such proceedings were had |
with respect to said claim that on or
about the 9th day of January, A. d. |
1913. the District Court of said coun-
ty allowed said claim in the sum of |
Fourteen Thousand Five Hundred
and Eighty-Five Dollars and twenty |
cents and a judgment was then and