The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-02-17

1915. and recorded in Volume SIS.
page 22o. Of the Deed OF Trust Rec
ords OF said Ellis county. &. c.
Hester and wife. A l.. Hester, sold
and conveyed unto me. T. j. Cole.
as trustee for Texas Mortgage Bank
ing company. the property and real
estate, hereinbelow and in said deed
OF trust fully described. for the pur-
pose OF securing and enforcing the
payment OF four promissory notes.
executed 10y said &. G.. Hester and
A. l.. Hester. dated April LIST. 1915.
numbered /. =. and respectively.
note No. for the sum OF S744.O0 and
due on December LIST, 1916: notes
Nos. .. and being each for the
sum of $4,000 and due on Deem
Der LIST of the years 1921, 1928 and
1875, respectively, and payable to
the order Of said Texas Mortgage
thereon at the rate of eight per
icentum per annum. until maturity
land thereafter until paid at the
rate of 10 per cent per annuml
the interest being payable annually
on the first day OF December accord
ing to the terms of interest coupons
thereto attached And whereas. said
deed of trust specially provides that
lif any part OF said debt should not
be paid when due. or should any in
lstallment OF interest thereon remain
due and unpaid for more than ten
days after its maturity. then. at the
joption of the payee in said notes or
the holder thereof, exercised at any
thine after such default, said notes
shall Immediately become due and
payable. without further notice, and
|, as trustee, as aforesaid, was full
| ly empowered and authorized by the
Igrantors in said deed of trust, and ii
was made my special duty. at the re-
iquest OF the holder of said notes, at
lany time made after default as afore-
said, to proceed to advertise and to
isell 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
record thereof. as aforesaid, for full
and complete description of said
land and said notes. and for the
powers and authority in me vest
ed by said deed of trust, and for the
provisions and conditions as set
forth in said deed of trust
And whereas the installment of
Interest on said notes falling due on
the first day of December A. D..
1915, is more than ten days past due
and payable and no payments either
of principal or interest on said in
Idebtedness secured by said deed of
trust have been made whatever: and
lalthough same has been demanded.
the makers of said notes failed and
refused to pay the same.
And whereas, said deed of trust
Especially provides that lin case any
Interest coupon note shall remain I'M
lpaid for more than ten days after
its maturity, said holder may waive
| his right to declare the whole debt
due, in which event, at the request
! of such holder made at any time az
ter default, the said trustee in per-
son or by attorney, or his substitute
or successor. shall enter upon and
take and hold possession of said de-
scribed property, and to advertise and
Isell same as hereinafter provided, so
as to make the amount or portion of
the interest then in default and ex-
lpenses of such sale; but it is ex-
lpressly understood and agreed that
lsuch sale shall be made subject in
all things to the lien OF the principal
debt and such interest and attor-
iney's fees as may hereinafter accrue
thereon and 10 the herein contain
led covenants and agreements, so
THAT such sale shall in no wise pre-
went a subsequent sale or sales of
the same property hereunder for the
payment of sums of money becoming
due thereafter upon said obligation
or under the provisions hereof"
| And whereas, after default in the
lpayment OF the interest due on said
Inotes as above set forth the holder
lof said notes and interest coupons
ION said notes, did request, instruct
and authorize me as such trustee TO
proceed to advertise and sell said
property for the purpose OF paying
and satisfying the amount due on said
lpast due interest coupons.
Now therefore, /, as such trustee
as aforesaid. By virtue of the pow
lers in me vested by said deed of
trust and for the purpose of paying
off said Indebtedness and expenses,
land at the request OF the owner and
holder of said indebtedness, as afore.
said, hereby give notice as provided
for in said deed of trust; and | will
lseu the premises hereinbelow and
in said deed of trust described, at
public auction 10 the highest bidder
for cash at the courthouse door of
lElis county, Texas, between the
hours of 10 o'clock a. m. aud
O'clock D. m. on the first Tuesday
lin March y D.. 1916. the same be
ling the eth day OF March A. d, 1916,
and will deliver TO the purchaser or
purchasers thereof. a deed conveying
said property and binding on the
grantors in said deed of trust. in alb
Isolute warranty so TAR as | am en-
lpowered or authorized so TO do as
lsuch trustee.
But il is expressly agreed and
Understood that such sale shall be
made subject in all things to the
lien of the principal and all inter
est aecruing on said notes above de-