The Delta independent., 1915-04-02

time hereinbefore specified for appear
ance and answer will be allowed be-
fore the taking of judgment by de-
fault as aforesaid.
This said action is brought to fore
close a certain mortgage deed made.
executed and delivered by the defend
ant The North Delta Canal Company
to A. viele. dated October %, 1905,
recorded in Book 81 at Page 1913 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 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
Canal Company. and which shall here
after be owned or acquired by said
company. including IS cubic feet of
water per second of time of the wa
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 8, town
ship Is south, range "a west of the
6th Principal Meridian, also includ-
ing al, 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 hc derived and diverted from said
Tongue Creek at a point where the
main canal of said Company crosses
said Tongue Creek near the north line
Of section 3. in Township 10 south,
range 95 west of the 9Th P. NJ. in Colo
rado, also including the ditch and right
OF way of said The North Delta Canal
Company which begins at said head
gate on the north bank of the Gunni-
SCI, river in Delta county, state of
Colorado, which headgate is located at
or near point 902 feet south so degrees
Al minutes east of the northwest cor
ner of the northeast quarter CA) of
section 9, township Is south of range
"a west of the 9Th P. NJ, and running
in a westerly direction following the
meanders of said ditch through sec
ship Is south, range "a west, of the
9Th p NJ. and sections 1. 2, and 3.
township Is south. range % west OF
the 9Th P. NJ and section "a. town
ship IA south. range 95 west of the
6th p NJ. and sections 3. and 5.
township Is south. range 80 west of
the 9Th P. NJ. and section 80. in
Township IA south. range 80 west
of the 9Th P. NJ, and sections and
township Is south. range 95 west of
the 9th p NJ, and sections 1, 2. 3. 4,
9, and s. township Is south. range
e6 west of the 9Th P. NJ.
Upon which said notes there is due
the sum of S17.000.00 principal to-
gether with seventeen interest notes
each in the sum of $4,000. due Nov
ember /, 1913; seventeen interest
notes each in the sum of $4,000 due
MAY 1. 1914: seventeen interest cou-
pons in the sum of $4,000 due Novem-
Der l. 1914; together with interest on
the principal sum from and after Nov
ember l. 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 reasonable
attorneys fee in the sum of 100000;
to have a 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