Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1915-09-06

La Plata county, Colorado, on the
18th day of January, 1914, did convey
to the public trustee, of La Plata
county, Colorado, the following de-
scribed property, situate in La Plata
county, Colorado, to-wit:
All OF the east ,.a.1 of the southeast
quarter of section one (E 1-2 Sc Ia
Sec. II in township thirtythree (33)
North Range Thirteen 13), west N.
M. P. NJ. and lot seven (7) of sec
ton six 90 in township thirty three
$3.50, north, range twelve (12) west
N. NJ. p. NJ, containing one hundred
nineteen and seventy-six hundredths
acres 119.76).
Together with one and one-half Il
1-2) cubic feet of water per second
OF time in the Reit ditch, a statement
and plat of which is recorded in book
of ditch plats No. 3, at Page 1913 of
records in La Plata county, Colorado,
together with all bitches and ditch
rights, water and water rights, ditch
rights of way and reservoir rights
now owned or hereafter to be ac-
quired by first party or used in
connection with said premises;
IN TRUST, to secure to George W.
Moody two (2) promissory notes,
bearing even date with said trust deed
for the principal sum of one hundred
forty-eight dollars and fifty-two cents
(9l4S.52), due April 2, 1914 with in
terest thereon from date until matur-
ity, at the rate of one per cent (1Go)
per month, as evidenced by two prom
issory notes, one for seventy dollars
(S1O.0O) and one for seventy-ei
dollars and fifty-two cents (S78.52),
and each bearing interest at the rate
OF two ego per month after matur-
ity and each note providing that if not
paid when due, or is collected by at
torney or by legal proceedings, maker
thereof agrees to pay ten per cent
| (lOGo) of the amount of said note as
| attorneys fees.
AND WHEREAS, said trust deed
|
| In the payment of said note or in the
payment of the interest thereon, ac-
| cording to the tenor and effect of said
note, or in the payment in due season
| OF all taxes and assessments on said
premises or in case of violation or
| breach of any of the terms, conditions,
| covenants or agreements therein con-
| tanned; then, upon notice and demand
in writing filed with the party of
the second part by the beneficiary
therein or by the legal holder of said
Indebtedness secured thereby that such
beneficiary or legal holder has declar-
ed the violation of any of the COW
enants therein contained and has
elected to advertise said premises and
demands said sale, it shall and may be
lawful for the party of the second
part to sell and dispose of said prem
ises en- masse or in separate parcels,
as the public trustee may think best,
all the right, title and interest of
the said Manuel Maestas, party of the
l
in at public auction at the west front
door of the county court house, in
Durango in the county of La Plata
and state of Colorado, or on said
premises or any part thereof as may
be specified in said notice of 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 place of such
sale by advertisement in some news
| paper of general circulation at the
time published in said La Plata coun-
ty.
AND WHEREAS, default has beer
made in the payment of said notes and
all interest thereon and in the pay
ment of taxes on said premises and
that said notes and all interest there
on are now wholly due and unpaid,
AND WHEREAS said notes were
not paid when due, and it is neces-
sary to collect the said notes by at
torney and by legal proceedings, and
there is due on account thereof on
said notes the sum of twenty dollars
and eighty-one cents ($2O.s1),
AND WHEREAS, George W. Moody
has sold assigned and transferred
SAID promissory notes to John Kellen-
berger,
AND WHEREAS, Jonn KelIenberg-
err, the legal holder of the notes Sc
cured by said trust deed has declared
a violation of the covenants in said
trust deed contained and has demand
ed in writing of the undersigned,
public trustee the foreclosure of said