Semi-weekly herald., 1914-09-03
PUBLIC TRUSTEES SALE.

WHEREAS, L. M. Sutton did, by
his certain trust deed dated July IL,
1909, recorded in book III, at page
1877 of the records in the office Of
the County Clerk and Recorder Of La
Plata County. Colo, convey to the
Public Tru-tee in said County, in trust
to secure and indemnify John M.
King for and on account of one prin-
cipal note of even date with said trust
deed for the sum Of $4,000, due Sep
tember /, 1909, with interest thereon
at 8 per cent per annum from date
until paid, the following described
lands and ditch and water rights sit
uate in La Plata County, Colo, to-
wit:
The west half of the northeast
quarter, and the east half Of the
northwest quarter Of Sec. /, TIP. 33,
N, r. W., N. NJ. P. NJ, together
with one cubic foot of water per Sec
ond of time in the John M. King East
Ditch, with all ditch rights and water
rights unto said mentioned water be-
longing or thereunto appertaining,
also one cubic foot of water per sec
ond of time in the John NJ. King West
Ditch, with all ditch rights and wa
ter rights unto said mentioned water
belonging or thereunto appertaining;
said lands being subject to reser-
vation to the United States Of all coal
in said lands and the right to pros
pect for, mine and remove the same
under the act of Congress approved
March 8, 1909; and
WHEREAS, default has been made
in the payment of the said principal
note and of the interest thereon from
July IL, 1909, and in the payment Of
the taxes on said lands and divers
portions thereof for the years 1910,
1911, 1912 and 1918, amounting to the
sum of $484.31 and interest, all of
which principal note, interest and
taxes are past due and payable; and
WHEREAS, said trust deed pro-
vides that in case of default in any Of
the terms and conditions thereof and
in the payment Of the taxes that may
be assessed against said lands, the
legal holder Of said note and the said
trust deed may declare the principal
note, with interest thereon, due and
payable by filing written notice and
demand with the Public Trustee that
he has declared violation of the
covenants in said trust deed contained
and has elected to advertise said lands
and ditch and water rights for sale
and demands such sale, it shall be
lawful for the said Public Trustee to
sell said premises and ditch and wa
ter rights at public auction at the
front door of the Court House In Du-
range, in said County, for the highest
and best price the same will bring In
cash, four weeks public notice having
been previously given of the time and
place of such sale by advertisement
weekly in some legal newspaper Of
general circulation in said County;
and
WHEREAS, T. A. Anthony, now
the legal owner and holder Of said
promissory note and of the indebted
ness so secured, has heretofore declar-
ed a violation of the covenants in
said deed Of trust and demanded in
writing a foreclosure of said trust
deed.
NOW, THEREFORE, notice is here
by given that the undersigned, as
Public Trustee in said County, will,
on Saturday, the 3rd day Of October,
A. d. 1914, at 10 o'clock in the fore
noon of said day at the front door
of the Court House in Durango in
said County of La Plata, sell the
above described lands and ditch and
water~rights for the highest and best
price the same will bring in cash for
the payment Of said note and the in
terest thereon. at the time of the sale
of said property and the taxes paid
by the said T. A. Anthony under the
terms of said trust deed, and the
costs and expenses Of this trust.
Dated at Durango, Colo, August
31st, 1914.
]. w. TURNER,
Public Trustee in La Plata County,
Colo.
Mollette & Clements, Attorneys FOR
7. A. Anthony.
First Publication Sept. 3. 1914.
Last Publication Sept. "a, 1914.