The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1922-07-07
NOTICE OF TRUSTEES SALE
UNDER DEED OF TRUST

whereas, by deed Of trust dated
June 7, 1921, A. 3. Alter and Annie
Alter, conveyed unto me, J. b. Ear
hart, lot No. ~, block No. 100.
town Of Lubbock, Lubbock county,
Texas, which instrument is Of record
Volume 10, Page 5G2 Of the deed
Of trust records Of Lubbock county,
Texas, 10 secure 10 T.. p Earhart
in the balance due upon a certain
judgment rendered in the district
court Of Hale county, Texas, Aug
ust -, 1919, In cause No. 1872,
styled /. A. Knight vs. W. d. Kin
cannon et al. which was appealed 10
the Court Of Civil Appeals for the
Seventh Supreme Judicial District
OF Texas, and on the supersedeas
bond +. p. Earhart became our
surety. and judgment was rendered
against him in said Court Of Civil
Appeals, and there remains due up
ON such judgment in the Court of
Civil Appeals the sum Of appr0Xi-
mately $4,000, which the said +.
=. Earhart will be required 20 pay,
and BE agrees 90 SO pay and not roe
quirc repayment by as until June !.
1922, upon which sum we agree 90
pay him interest from date at the
rate Of ten per centum per annum
together with ten per contum adj
ditional as attorneys fee in event
Of collection through logar pro-
ceedings or placing with an attor-
ney for collection and upon which
Judgment the said T. =. Earhart, on
August i 1921, paid 90 J.. A.
Knight the sum of S75l2O, being
the full balance due; and
Whereas, said deed Of trust fur
Their provided that the makers
thereof should pay an taxes and
assessment levied and laid upon the
property, and a failure so 20 DO, the
beneficiary might discharge the
same, and such sum so paid TO bear
interest al ten per centuin from
time Of payment, and
Whereas, there was legally laid,
levied and assessed against the snid
property paving certificate No. 1872
in the sum Of 1854 30, in favor Of
the Panhandle Construction Com
pany for paving the portion Of the
street adjacent 90 said lot, and on
which certificate the said +. p. Ear
hart has paid the following amounts,
they then being due and liens there
on, g. Wit, on august Q. 1921, S54,-
rs: MAY %. 1922, S98.32, the said
A. B. Alter and Annie Alter refusing
70 discharge the same when due;
And Whereas, none Of the said
sums have been paid 20 the said Z.
p Earhart, nor any interest there
on, they being past due, and the
said r. T. Earhart has requested
that the said property be sold %
sntisfy said amounts and interest
thereon, as wen as expenses Of this
SALE as provided in such deed Of
trust, which also provides a reason
able fee shall be paid 20 the trustee
out of the proceeds Of such sale,
and that 5 per cent of the sale price
is a reasonable fee;
Therefore, on the First Tuesday
in August, 1922, the same beng
the First day of August, 1922, !
will offer for sale for cash to the
highest bidder, between the hours
of 10 o'clock A. VI. and 4 o'clock
p. NJ, the said lot ~, block LOG, 70
satisfy the principal sum Of 1884,
2s. the sum Of s7s.64 interest ac-
crued thereon (the said sums being
the property Of the said +. p. Ear
hart) together with interest thereon
on the principal sum at ten per
centum from this date, the costs and
expense of this sale, including a
trustees fee Of five per centum