The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-02-24
NOTICE OF TRUSTEES SALE.
.CL1cr re urn cry GIVEN. that

ltrust dated November 18th, lsVS,
s;,ad for record in the office OF the
Icounty clerk of Ellis county, Iexas'
on the 26th day of November A. ",
/ eoe and recorded in Volume o.
mage seq. of the Deed of Trust kec-
lords of said Ellis county, John wynn
l(unmarried) Tim Kirkpatrick ana
wife, Alice kirkpatrick, and John
IL. wynn and wife, Callie wynn OF
Ellis county, Texas, sold and convey
ed unto me. II. j. Cole, as trustee
for Texas Mortgage Banking com
lpany. the property and real estate,
Ibereinbelow and in said deed OF trust
fully described. for the purpose OF
securing and enforcing the payment
of one promissory note, executed by
John wynn, Tim Kirkpatrick, Alice
Kirkpatrick, John l.. Wynn and
'CalIie WYNN. in the sum of $2,14O.OG,
dated November 18th, 1903, and pay
able To the order of Texas Mortgage
Banking company, with interest
thereon at the rate of eight per cen
tum per annum, until maturity tahu
thereafter until paid at the rate OF
10 per centum per annuml, the IN
terest being payable annually on the
first day of December, according
to the tenor of interest notes attach-
ed to said principal note Ana
whereas, said deed of trust specially
provides that if any part oil 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 holder
thereof, exercised at any time after
such default, said note shall lmme-
diately become due and payable,
without further notice, and 1, as
trustee. as aforesaid, was fully en-
powered and authorized by the grant
or in said deed of trust. and it was
made my special duty, at the re-
quest 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, and 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
terest 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 1st, 1911; and although same
has been demanded, the makers of
said note failed and refused to pay
the same.
And whereas, after such default
made in the payment of said indebt-
edness, as hereinabove stated, and
prior to the request to me to sell
said property, as hereinbelow set
forth, the owner and holder of said
note did request, instruct, and au-
thorize me, as such trustee, to pro-
coed to advertise and 60 sell said
property, for the purpose of pay
ing and satisfying said Indebtedness,
together with the costs of executing
such trust, as in said deed of trust
provided.
Now, therefore, I, as trustee, as
aforesaid, by virtue of the powers
in me vested by said deed of trust,
and for the purpose of paying off said
Indebtedness and expenses, and at
he nf "a
er of said note as aforesaid, here
by give the notice as provided for
in said deed of trust and l will
sell the premises hereinbelow and in
said deed of trust described, at pub
lie auction, to the highest bidder
for cash, at the courthouse door, of
Ellis county, Texas, between the
hours of 10 O'Clock a. m. and 4
o'clock p. M, on the first Tuesday
in March 4. D., 1916, the same be-
ing the eth day of March A. D.,
1916, and will deliver to the pur-
chaser or purchasers thereof, a 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 to, as
such 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
vey, on the waters of Chambers
|creek, about fourteen miles south so
west from the town of Waxahachie,
described by metes and bounds as
follows Beginning at the north
west corner of said survey; thence
|south 80 east 1914 yaras 10 a south
west corner of said survey; thence
north 60 east SCI varas to stake;
thence north so west 1874 varas to
the north line of said survey; thence
|south so west SCI varas to the
Iplaee of beginning, containing 205
Iaeres. excepting from this convey
lance five acres heretofore convey
led 10 Margaret Witten, leaving here
in conveyed two hundred acres of
land.