The Delta independent., 1916-09-22

ments plants. beet dumps. scales md fix
lures of every kind. appliances equipment
apparatus, engines. boilers. machinery. i'm
plenents, 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 or replacing any of
said appliances. apparatus. machinery, fix
lures. plants structures other property
oil 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 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 1st.
A. d. 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 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 reyersions, remainders. easements. priv
neges. immunities income, rents. issues and
profits thereof. and all the estate. right. title,
interest property. possession. claim and de-
mand. whatsoever. 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
rado.
The property hereby noticed for sale will
be sold in part 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 redemption. Any
party to said cause. the holder of any of
\ the bonds coupons secured by said mort
gage foreclosed may be a purchaser at such
sale.
The undersigned will accept no bid for
| the properties sold less than the sum of
! S25o, 10000.
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
/ viii be returned or applied as provided in
/ said decree.
In addition to the cash deposit upon any
] bid the time OF said sale. as her-inhefore
I Required, which shall be received as a part
/ of tho purchase price there shall also be
paid in cash by the purchaser or purchasers
upon the confirmation of such sale and from
/ time TO time thereafter the Court may
l direct, such further portion of the purchase
price Of the properties requisite to make all
| payments provided to be made by said de-
I cree except upon the bonds used by such
| purchaser in making payment for the prop
critics purchased.
! -
| bid or 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 1907 days after the
I 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.
1 In whole or in part. by delivering to the
Undersigned bonds certified under the said
mortgage. dated March 1. 1914. outstanding
| in the hands of holders other than the said
Trustees, and the unpaid portion of the
coupons pertaining thereto. provided in
said decree.
The purchaser or purchasers. as provided
in 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
/ as are specifically described in such cleo
/ ton. and no performance of any such con-
tract by said purchaser or purchasers be-
| fore the expiration of said period of one
month shall be deemed and construed to be
I an acceptance of any such contract.
] The undersigned will execute and deliver
/ certificate certificates of purchase of
I 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 or certificates OF
Z purchase. n deed deeds of conveyance as
in said decree provided.
The decree under which the aforesaid
! properties are to be sold. and to which
1 reference may be had for more complete
description of the properties so to be sold.
] and statement OF the terms and conditions
l OF sale is dated August 1+th. 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
office of the Sheriff. at Grand Junction,
Z 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.
Mcssrs, Lewis Grant. 1908 First National
Bank Building. Denver. Colorado.
Dated at Grand Junction. Colorado this
I lith day OF August. A. d. 1916.
JEFF WATSON,
Sheriff of the County of Mesa.
State OF Colorado.