The Delta independent., 1915-04-23

ant The North Delta Canal Company
to A. Viele, dated October %, 1905,
recorded in Book 62 at Page 123 in the
office of the county clerk and recorder
of said Delta county, conveying to Sc
cure payment of seventeen notes for
100000 each of even date herewith,
bearing interest at 6 per cent per an
mum, the following described premises
situate in the county of Delta an
state of Colorado, conveyed by said
mortgage, to-wit:
All water rights, appropriations,
privileges, easements, rights of way
franchises, canals, branch or lateral
canals, bitches, dams. reservoirs, res
ervoir sites, lands, estates in lands,
water works, head works, fumes, wa
steways, viaducts, tunnels, power
plants, bridges, and upon the entire
irrigation system, and all properties
appertaining thereto of every nature,
kind, and description, now held or
owned by the said The North Delta
Canal Company, and which shall here
after be owned or acquired by said
company, including 75 cubic feet of
water per second of time of the wa
ters of the Gunnison river, to be de-
rived and diverted from the Gunnison
river at the head gates of the main
canal of the said The North Delta
Company, which are located on the
north bank of the said Gunnison river.
near the east line of section 9, town
ship 10 south, range "a west of the
9Th Principal Meridian, also includ-
ing all the appropriation and claim of
said The North Delta Canal Company
to the waters of Tongue Creek (some-
tines known as Forked Tongue Creek
to h derived and diverted from said
Tongue Creek at a point where the
main canal of said Company crosses
said Tongue Greek near the north line
Of section 8. in Township Is south.
range o. west of the 9th p. NJ. in Colo
rado. also including the ditch and right
OF Nay of said The North Delta Canal
Company which begins at said head
gate on the north bank of the Gunni-
sol river in Delta county state of
Colorado, which headgate is located at
or near point 902 feet south so degrees
AZ minutes east of the northwest cor
ner of the northeast quarter CA) of
section Q, township Is south of range
"a west of the 9Th p. NJ, and running
in westerly direction following the
meanders of said ditch through sec
tions numbered ., 4. 5. and 6, in town
ship Is south. range 81 west, of the
9Th p NJ, and sections l, 2, and 3.
township 15 south. range 80 west of
the 9th p. NJ. and section "a, town
ship IA south, range 80 west of the
9Th p. NJ. and sections 3. and 5.
township Is south. range 95 west of
the 9th p NJ. and section 80. in
Township IA south. range 90 west
of the 9th p. NJ. and sections and 9
township Is south. range s5 west of
the 9th p NJ, and sections /. 2, 3. 4,
9. and s. township Is south. range
96 west of the 9Th p. NJ.
Upon which said notes there is due
the sum of sl7,OO0.O0 principal to-
gether with seventeen interest notes
each in the sum of $4,000, due Nov
ember /. 1918; seventeen interest
notes each in the sum of $4,000 due
May /, 1914; seventeen interest cou-
pons in the sum of $4,000 due Novem-
Der /. 1914: together with interest on
the principal sum from and after Nov
ember |. 1914. and to become due
thereon: by reason of the default in
the payment of said notes and interest
coupons and each of them, the First
National Bank of Delta, Colorado, the
Assignee and legal holder of said notes
has elected to declare the entire
amount OF said Indebtedness at once
due and payable, and to foreclose said
mortgage and to recover a reasonable
attorneys fee in the sum of 100000;
TO have receiver appointed to take
charge of said premises and operate
the same and apply the income and
proceeds thereof to the upkeep of said
ditch and the delivery of water there
under and TO apply on the interest and
principal of said Indebtedness, and for
general relief, as will more fully ap-
pear from the complaint in said action
to which reference is here made:
A copy of which is hereto attached.
And you are hereby notified that II
you fail to appear, and to answer the
said complaint as above required. the
said plaintiff will have your default
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