The Delta independent., 1916-09-29

ments. plants. beet dumps. scales and fix
tures of every kind appliances, equipment.
apparatus. engines, boilers. machinery. i'm
plements tools and materials of every kind
and nature whatsoever, used in and about the
culture, gathering, storing preparation.
treatment and manufacture of sugar. and in
and about the purchase. manufacture. refin-
ing and sale of sugar. molasses. melada and
all sacchrine compounds, products and by
products and all business incident thereto. and
In and about any other branch of business
heretofore conducted by said defendant. The
Western Sugar and Land Company, and all
thereof used for the constructing operating
repairing. improving replacing any of
said appliances. apparatus. machinery. fix
lures. plants, structures other property
OF said company. all water and ditch rights.
tramways, railroads. inventions, licenses.
patents. contracts, franchises privileges,
books, claims. demands. accounts. credits,
chooses in action and chattels of whatsoever
kind or character; all shares of stock, bonds
and other securities of any Incorporated COM
panies; and also. any and all other property
and property rights and privileges of every
Kind and description, real. personal or mixed.
OF The Western Sugar and Land Company.
whether hereinabove specifically enumerated
and described, not, and whether owned
at the time of the execution of the said
mortgage deed of trust dated March LIST.
A. ID. 1914, or thereafter acquired, and being
and intended to include. all the property of
said The Western Sugar and Land Com
pany. situate in the State of Colorado. ex-
cept money or cash.
And Together With all and singular the
endowments, income. advantages. tenements.
easements, hereditaments and appurten-
ances unto said The Western Sugar and
Land Company. and the said lands. premises
and property, or any part thereof thereunto
belonging or in anywise appertaining. and
the reversions, remainders, easements, priv
ileges. immunities. income. rents issues and
profits thereof, and all the estate. right. title
interest. property. possession. claim and de-
mand whatsoever. as we'll in law in
equity present and prospective. of said de-
fendant company. of in and to the same, and
every part and parcel thereof. with the
appurtenances, situate in the State of Colo
RADIO.
The property hereby noticed for sale will
be sold in one part or parcel as an entirety
subject to all valid and existing railroad
ditch and other rights of ways and public
easements and all other encumbrances or
| liens prior and superior to the lien of the
aforesaid mortgage. and outstanding leases
excepting only taxes and assessments and
subject to the right of redempetion. Any
party to said cause or the holder of any of
the bonds or coupons secured by said mort
gage foreclosed may be purchaser at such
! sale.
The undersigned will accept no bid for
the properties sold less than the sum of
$3.50 100000.
No bid will be received from any bidder
who shall not deposit with the undersigned
at or prior to the time of sale. in cash or a
certified check. payable to the Clerk of said
Court, the sum OF S25 10000.
The deposits received from the bidders
will be returned or applied provided in
said decree.
n addition to the cash deposit upon any
bid OF the time OF said sale as hereinhefors
required. which shall be received as a part
OF the purchase price. there shall also be
paid in cash by the purchaser or purchasers
upon the confirmation OF such sale and from
tiinc to time thereafter as the Court may
direct, such further portion of the purchase
price Of the properties requisite to make all
payments provided to be made by said de-
cree. except upon the bonds used by such
purchaser in making payment for the prop
critics purchased.
The Court reserves the right to reject any
bid OF bids and to retake and resell the
property purchased upon the failure of any
purchaser to comply with the terms of sale
or with any orders of the Court requiring
payment. within thirty 800 days after the
entry of such order in respect thereof
Any purchaser of the property may satisfy
and make good the balance of his bid above
the sum or sums required to be paid in cash
in whole or in part. by delivering to the
undersigned bonds certified under the said
mortgage. dated March I. 1914. outstanding
in the hands of holders other than the said
Trustees and the unpaid portion of the
coupons pertaining thereto, as provided in
said decree.
The purchaser or purchasers as provided
Id said decree. shall assume all pending
uncompleted and not fully executed contracts
made by the Receiver since his appointment
for the maintenance and betterment of the
properties and shall also be deemed to have
purchased all contracts made by The West
ern Sugar and Land Company. prior to the
appointment OF the Receiver. unless the pur-
chaser or purchasers shall within one month
after the confirmation of such sale. file with
the Clerk of said Court. election in writing
not to take or assume such of said contracts
are specifically described in such cleo
tton. and performance of any such con-
tract by said purchaser purchasers be-
fore the expiration of said period of one
month shall be deemed and construed to be
an acceptance of any such contract.
The undersigned will execute and deliver
a certificate or certificates of purchase of
the properties sold upon confirmation of
such sale by the Court and after the expira-
tion of the period of redemption. upon pro-
duction of said certificate certificates of
purchase. a deed deeds of conveyance as
in said decree provided.
The decree under which the aforesaid
properties are to be sold, and to which
reference may be had for more complete
description Of the properties so to be sold
and statement of the terms and conditions
OF sale is dated August 14th. 1916 and filed
in the office of the Clerk of the District
Court within and for the City and County
OF Denver. at Denver. Colorado. and
copies thereof may be inspected at the
Colorado. at the office of the Receiver
Fred G. Holmes. Grand junction. Colorado
at the office of the Corporate trustee. The
colorado Title and Trust Company. Colorado
Springs. Colorado and at the office of the
attorneys for the complainants herein
Messrs. Lewis Grant 1908 First National
bank Building. Denver. Colorado.
Dated at Grand Junction. Colorado, this
llth day OF August. A. d. 1916.
JEFF WATSON.
Sheriff of the County of Mesa
State OF Colorado.