The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-02-10
xor,cr OF TRUSTEES SALE.
NOTICE IS HEREIN UINEN' -


5nnmarried). Tim Kirkpatrick ana
wife Alice kirkpatrick. anG joan
In. WYNN and wife, Callie wynn Oh
Ellis county. Texas. sold and convey.
ed unto me. 7. j. Cole as tius.ee
for Texas Mortgage Banking eon
many. the property and real estate
bereinbelow and IN said deed Oh tiuss
fully described. fer the purpose oi
securing and enforcing the payineht
of one promissory note, executed Dy
Iohn WYNN, Tim Kirkpatrick, Ailce
Kirkpatrick, John l.. Wynn ana
CalIie WYNN. in the sum OF s2,l4O.UV,
dated November 10Th, 1909, ana pay
chic to the order of Texas Mortgage
thanking company, with interest
thereon at the rate of eight per cen
tum per annum, until maturity tand
thereafter until paid at the rate Oh
10 per centum per annum), the IN
terest being payable annually on the
first day of December, according
10 the tenor of interest notes attach
ed to said principal note. ana
whereas. said deed of trust specially
provides that if any part OF SAID
debt should not be paid when due,
or should any installment OF inter-
est thereon remain due and unpaid
for more than ten days after its ma
turity. then, at the option OF the
payee in said note or the hoider
thereof, exercised at any time AFTER
such default, said note shall lmme-
diately become due and payable,
without further notice, and /, as
trustee, as aforesaid, was fully en-
powered and authorized by the grant
Tor in said deed of trust, and 1t was
made my special duty, at the re-
Iquest of the holder of said note, at
any time made after default as afore-
said. to proceed to advertise and to
sell said property in the manner and
form as provided by said deed of
trust. And reference is hereby made
to said deed of trust, and to the rec
ord thereof, as aforesaid, for full and
complete description of said land and
said note, and for the powers and au-
thority in me vested by said deed of
trust, aud for the provisions and con-
ditions as set forth in said deed of
trust.
And whereas said note is long past
due and payable. and the INSTALL
ments of interest on said note fall
ing due on the first day of Deem
Der A. D., 1912, 1913, 1914 and
1915, respectively, are more than
ten days past due and payable and no
payments either OF principal or in
lterest on said indebtedness secured
by said deed of trust have been made
Except as follows, viz: The inter-
est is paid on said note to Decem-
Der LIST, 1911; and although same
ihas been demanded, tha makers of
Isaid note failed and refused to pay
1.-THE same.
And whereas, after such default
made in the payment of said indebt
Iedness, as hereinabove stated, and
lprior to the request to me to sell
Isaid property, as hereinbelow set
forth, the owner and holder of said
mote did request, instruct, and au-
Ithorize me, as such trustee, to pro-
,ceed to advertise and to sell said
property, for the purpose of pay
ling and satisfying said Indebtedness,
together with the costs of executing
isuch trust, as in said deed of trust
provided.
Now, therefore, /, as trustee, as
aforesaid, by virtue of the powers
I'm me vested by said deed of trust,
and for the purpose of paying off said
indebtedness and expenses, and at
the request of the owner and hold
er OF said note as aforesaid, here
by give the notice as provided for
lin said deed Of trust; and | will
lsell the premises hereinbelow and in
lsaid deed of trust described at pub
lie auction, to the highest bidder
flor cash, at the courthouse door. of
Ellis county, Texas, between the
hours OF 10 O'Clock a. m. and 4
o CLOCK D. M, on the first Tuesday
IN March a. D., 1916, the same be-
ing the 9TH day of March A. D.,
1916, and will deliver to the pur-
lehaser or purchasers thereof, deed
conveying said property, and binding
on the grantor in said deed of trust.
IN absolute warranty, so far as | am
empowered or authorized so 10 as
lsuch trustee.
Said premises are described as
follows, viz: All that certain tract
piece or parcel of land, situated in
the county of Ellis, state of Texas.
being two hundred (200) acres of
land out of the Ephriam Melton sur
Yey, on the waters of Chambers
creek, about fourteen miles south so
west from the town of Waxahachia
described by metes and bounds as
follows: Beginning at the north
west corner of said survey; thence
south 80 east 1914 varas to south
west corner of said survey; thence
north 90 east SCI varas 10 a stake.
thence north so west 1914 varas to
the north line of said survey; thence
south 90 west SCI yaras to the
place of beginning, containing 205
acres, excepting from this convey
.anee five acres heretofore convey
ga TO Margaret Witten leaving here
in conveyed two hundred acres Of
land.
And the sale hereby advertised 10
be made under the foregoing deed
of trust will be made subject TO a
loan on said land of $4,000. 90 as
evidenced by note for that amount
lNAgq.Nt haa- I