#49 Turner foreclosure papers, note, etc.

•

CONTRACT OF AGENCY.

This Agreement ,made and entered into this 29th day of May A.D.I9II. by and between C.F.Turner of Montezuma County,Colorado,party of

the First Part,and The Montezuma Valley Irrigation District,

organized under the laws of the state of Colorado relating to

irrigation Districts,cf and within the county of Liontezuma,Co]orado

party of the second part,WITNESSETH:

That whereas the said second party has issued its bonds in the full

sum of One Hundred and Twenty Five Thousand Dollars par value

and dated December 1st I9Io,which said issue of bonds remains

unsold in the amount of One hundred and Twenty two Thousand Five

Hundred Dollars,and which bonds are of the denomination of Five

Hundred Dollars each,and of the several series as therein described,

and whereas the said second party is desirous of selling and dis—

posing of the said bonds so unsold,and said First party is desirous

of acting as the agent of said second party in the sale and disposal

of said bonds;

NOW THEREFORE,said first party in consideration of the agreements

of said second party hereinafter set forth,hereby agrees with the

said second party,to act as the agent of said second party in the

matter of the sale of said bonds so unsold,and at his sole and

individual expense and charge,forthuith to proceed actively in the negotiation of such sale for said second party,of all said

bonds so unsold,at and for the price to be received therefor by

a

2

par value thereof,together with the accrued interest

thereon,accord-ing to their tenor and effect, up to the First day of June 1911,

and in event said sale be effected under such agency l that said

first party shall deposit with The International Trust Company

of Denver Colorado,on or before the First day of July I9II.the

full sum of One Hundred and Thirteen Thousand Seven Hundred and

Fifty Dol3ars,together with accrued interest from June First 1911,

in addition to said sum,it being understood that the interest on

said Ponds accrued to June First I9II,shall be and is included

in said sum so to be deposited as aforesaid.

And the said Second party in consideration of the agreements so to be kept and performed by said first party,hereby ap,rees with said

first party to give and hereby gives said first party the

ex-clusive right and privilege as agent of said second party ,to and

until noon of the First day of July 1911,to sell said bonds so

unsold upon the terms above set forth,that is to say,to sell said

bonds in the sum and of the par value of One Hundeed and Twenty Two

Thousand Five Hunders Dollars with interest to June First 1911,

at not less than ninety five percehtum of said par value,from which

said sale said first party shall deposit with The International

Trust Company of Denver,Colorado,on or before noon of the First day

of July 1911 the sum of One Hundred and Thirteen Thousand Seven

Hundred and Fifty Dollars,and in addition thereto the full amount of

interest due upon said bonds from June First I9II,and the said

3

such sale all moneys received from such sale of said bonds over and

and above said sum so to be by him deposited as aforesaid.

That said second party will from time to time without expense

to said first party furnish said first party all necessary and

proper copies of all proceedings of record touching the issue of

said bonds,and the authorization thereof,whether of court or

The Eoard of Directors of said Irrigation District ,and will so

far as may be reasonable furnish necessary data concerning said

District as to the acreage thereof a;;--such other matters as

may be required touching the legality or value of said bonds.

That upon the deposit of the above named sum with said Trust

Company in the amount and at the time above mentioned,the said

District,second party,shall order said Trust company to deliver

said bonds to said First Party or such person or

persons,Cor-peration or Corporations,Company or Companies,as said First

Party shall in writing direct.

That upon a failure by said first party so to deposit said sum within the time above limited,it shall be at the sole

option of said second party to declare this agreement and

ap-pointment at an end and of no further force or effect.

IN WITNESS whereof the said parties have caused this agreement to be signed and sealed the day and year first above set forth.

]-1A,AA-t

Party of First Part.

THE MONTEZUMA VALLEY RR1GATION DI5TRICI

001 .:2RACT C. F. Turner, with r:ILel.bntezuma Valley Irrioation :District.

•

• THIS AGREEMENT, made and entered into in triplicate this 1st day

-of , 1920 by and between 1 :2eyee.er

,/ whose postoffice address is herein

referred to as "Land Omer", and The Farm Lands Securities Company, a Colorado corporation, having it's principal office at Denver, Colorado, herein referred to as the "Company",

4IT1ESSETH:-THAT WHEREAS said Land Owner has Purchased under contract from the State of Colorado the 1- J.1 , Section _tee 9 Township j)._ -) 7, Range 7i.N.7.P.M., in the Codnty of

Montezuma and State of Colorado 60 acres are included in

"inclusion contract" with The Montezuma Valley Irrigation District, and to become subject to the indebtedness thereof as provided by the Statutes of the State V Colorado and said inclusion contract, upon said Landowner acquiring title to said premises from the State of Colorado; and upon which said premises there are also outstanding certain delinquent

irrigation District taxes or defaulted payment on contract with District. AND WHEREAS, said Company proposes to acquire the outstanding in-debtedness of said District and the irrigation tax liens against the lands in said District, to the end that said District sa11 be presee —

dissolved, and the irrigation system of said District transferred to a mutual ditch Company, to be composed of the water right owners from said irrigation system, the stock of which shall evidence the right to the use of water therefrom for their said lands.

NOW, THEREFORE, in censideratioe, of the premises and the further sum of One Dollar in hand paid by the Company to the Land Owner the receipt of which is hereby acknowledged, it is hereby agreed as

T•-r:

1 Upon the clearing of said land frole said District indebtedness aforesaid and said irrigation tax liens, the dissolution of said Irrigation District, the transfer of said irrigation system to saiT mutual ditch Company, and the issuance of atock representing the right

to the use of water, as aforesaid, said landowner agrees to pay to said Company;

.For acres at

'

It24.47

per acre in cash v For 80 acres at 326.87 peru ore on ti .e For outstandinR- irri7ation District taxee

defaulted payments on contract with District

t

Tutal amount to be paid by land owner to the

Company on time =, 23,0.J0

Total amount to be paid by land onner to the

Company in cash 12.4u

2 The amount to be paid in cash by the Landowner as above provided is to be deposited upon the execution hereof in the

Bank at 0o-ftez , in the County of Montezuma and State of Colorado, in cash or eettificate of deposit, subject to the conditions herein provided, (with which bank one copy of this agreement will be deposited), to be paid to the Company by said bank upon the clear-ing of said land from said Irrigation District indebtedness and tax liens, the dissolution of said Irrigation District, the transfer of said

irrigation system of said mutual ditch Company, and the issuance of said stock representing the right to use of water as aforesaid.

3

The amount to be paid by the Landowner on time is to be evidenced by his promissory note, with interest coupons thereto attached executed contemporaneously herewith, payable to the Company, November lst,'-,1925, with interest from May 1st, 1920 at 6r, per annum, payable semi-annually together with said certificate of purchase from the State of Colorado duly assigned to said Company; and also a written assignment of the

certificate stock to be issued by said mutual ditch company, to said lu:Al olmer; all to be immediately deposited with said Bank subject to the

codition, herein provided.

4

Upon the execution hereof, one copy hereof shall be deposited with said Bank, and the deposit thereof shall constitute said Bank thc, -of the Landowner with Authority to pay to the Company the payments

deposited in said Bank by said Landowner as above provided,ana to uoilv to the Company said note, assignment of certificate of purchase, and assignment of water stock, at Cortez, Colorado, simultaneously with the entry of decree for the dissolution of said District and the clearinr. the lands of said land owner from all indebtedness on account thereof, and the execution of a certificate representing water right of )9- eTr-ar in said mutual ditch Company, as aforesaid. At any ÷i-r,

elivery the Landowner may pay any part of the principa/

with Interest at

6r,

per annum of the part to paid from Itew 1, 192, e-orq The payment so made will either be Indorsed on said note or new no' a,.d. trust deed taken from the Landowner for the reduced amount.

5

Said Landowner further agrees that contemporaneously with

the acceptance 1 the Company of said note and said assignment,

he will cause to be insured for the Pint benefit of himself e.et the pa;'ee of e-il note, the builaines upon said land, and will maintain the same until said indebtedness has been paid; an that at the time of the execu ion of this contract he will . execute ai)pileatien upon such form as may be provided for

said loan, which will contain a full description of the hold-of said landowner.

C Said Landowner further agrees in event of payment in full of the amount remaining unpaid on said certificate of 1?urchase prior to November first, 1925 to execute and deliver

to said Company or it's assigns, trust deed in usual form to the"Eublic Trustee of Montezuma county, to secure the balance remaieinE uni.aid, if any, upon the nete of said. Landowner to said Coe.f,ahy.

7 2aid Laedewner by the execution hereof does hereby ap.crove of and consent to the plan of said "Company" for the

diesuletion of said District.

6 The Company agrees to use the utmost diligence to carry out and complete the proposal herein set forth, and in event aiy unforeoen continency shall prevent the consumation of the terms of this contract by rovember let, 1920, then unless oth- r-wise direoted by the La.:_Lemeer the deosIts made with said Bank, as herein in.ovided are to be returned to the Landowner.

9

This agreeffe-et is contingen4 upon said Company furnish'i;

inr . the sum of One Hundred Thousand Dollars, for use by

ditch Company for betterment of said irri,ation system,

upon tho dissolution of said Dietrict, under agreement with said

I

10 Tiis -;cntract sh.11 t'LoLj Owiler and 7lis heirs, personal representatives and assigns,

upon the Company and it's successors and assigns. EXLCUTED this -I day of

8-eoretary

Liar 1920.

&r: owner

-(SEAL)

I all a0'.7.7 1:),r

The Farm Lands Securities Company

By ik

president

-For value received the underrgned hereby assigns, all right, title and interest in and to the written cntract, unto

The Montezuma Valley Irrigation

2he Farm Lands Securities Company

By

7

P.S. Permission is here 1-y given to land owner herein to pay cash for his water right upon the cash basis at the time of rht didsolution of the district, at the rate of ,e24.47 per acre.

• vs , of. • •••••••—... Rpq • pl fiq

9

6-51

AV

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loci ' 71111 E4'

'

r>0.-747

THE MONTEZUMA VALLEY IRRIGATION CO.

CORTEZ, COLORADO

On the 7th day of January, A. D. 1928, at the hour of ten o'clock in the forenoon, after due notice by publication for ten

days in the Cortez Journal Herald, a weekly legal newspaper published at Cortez, Colorado, I did sell at public auction at the front door of the office of The :dontezuma Valley Irrigation Company, eighty shares of the corporate stock of The Montezuma Valley Irrigation Company repre-sented by stock certificate No. 364 issued in the name of C. F. Turner and given by the said O. F. Turner as collateral sec,,r;f-, +- 1-is note made payable to 2he Farm Lands .6ecurities Company tanu

at

the time of said sale held by The Montezuma Valley Irrigation Company, in the prin-cipal sum of 02300.00. At saiu sale The Montezuma Valley Irrigation

Company bid the sum of 43068.09, the same being the amount of principal, interest and attorney's fee due on said note, and said amou. t being the highest and best bid for said stock, the same was struck off and sold to The Montezuma Valley Irrigation Company.

Dated January 7th, 1928.

COCNr-ION!k0C0r-ILON1-10)1-1'1C\?N -1 C C CO 1-1 C 741 LC) '.0 c -I il: 0) ri C ',0 T --I C M ri Ad ci 01 k..r vi n 4 1 v: t,-vi r -I '40

NOTE 'E OF \\lett-as, C. F. Tyrner,

Couaty tif outo-Litm I, State oi

on the first day of Mae, A. D.

di!ve OS r) T

!:,v able to 53. • y

sum ll of twt..nty thrc, hundred dollar on ti..•

fir:t day of November, A. D. 1923, aed

Whereas, in ord,r to se:Aire the payment of said promissory note, t'e raid C. F. Turner de- !

I

livered to said The Farms Lands Securities ;

Company stock certificate numbered g64 of The Montezuma Valley Irrigation Company repre-senting eighty shares of said company as collat-eral security to said note, and

Whereas, said promissory note has been I assigned to The Montezuma Valley Irrigation Company and said collateral delivered to said company by The Farm Lands Securities Com-pany and said The Montezuma Valley Irriga.-tion Company.is now the legal holder and owner of said note. and.

Whereas, default has been made by the said

C. Turner in the payment of the principal

and certain of the interest of said note.

Now, Therefore, Notice is hcreby given

that theundersigned, The Montezuma Valley Irrigation company, will sell the above described corporate stack for cash, at public auction to the highest and best bidder, at the front door of the office of The Montezuma Valley Irrigation

Com-pany, County of Montezuma, State of Colorado,

on Saturday, the 7th day of January. A. D, 1928, at ten o'clock in the forenoon for the purpose of paying said note, and interest thereon, attorney's fees of ten per cent of the amount of the note as provided for in said note, and all expenses of this sale, as provided by law.

Dated at Cortez. Colorado, this 19th day

of December, A. D. 1927.

The Montezuma Valley Irrigation Company

By . E. Carpenter, President.

(SEAL' Attest:

S. M. Burke, Secretary

First. pub.. December .2nd. 1927, Last pub.. Jan uary 502. 1928.

o

Affidavit of Publication

STATE OF COLORADO)

Ss. County of Montezuma, J

I, J. E. Brown, of said County of Montezuma, being duly sworn say that

I am publisher of The Cortez Journal.

Herald, a weekly newspaper having a general circulation in said county and . state, printed and published in the town

of Cortez, in said county and state; and

that the notice, of which the annexed is a true copy, has been published in issues of said weekly newspaper, that the notice was published in the regular and entire issue of said newspaper and in the newspaper proper and not in a supplement, and that the first publica-tion of said notice was in the issue of ›,.:e said paper bearing date of the

day of 552--- ..111`'`' A. D. 1927

and the last publication bearing date of

the s,—/V-4 day of

A. D. 192.. ., and tha the said Cortez

Journal-Herald has been published con-tinuously and uninterruptedly for the period of twenty-six consecutive weeks, in said county and state, prior to the date of the first publication of said notice, and the same is a newspaper within the meaning of an act to regulate the printing of legal notices and adver-tisements, approved March 80, 1923.

, r

Publisher. Subscribed and sworn to before me

this

,e>t

.day

o

COUPON NOTE.—Long Form,--The W. F. Robinson Printing C7.o;, Mfrs. Cjoloraclo Legal Blanks, Denver. This note is secured by

Cortez, Colo., _ 1 sI.,1920

On November 1st, 1925, for value received, promise to pay to the order of THE FARM LANDS SECURITIES COMPANY, t the office of said Company at Denver,

Colorado, - DOLLARS,

with interest from May 1st, 1920, at the ra e of ally as per eleven coupons hereto at

It is agreed that if this note is not paid after draw interest at the rate of eight per cen interest when due, or upon default in any of ment securing this note, the holder may decl hereby severally waive presentment for pay tions in ease of suit, and agree to any extens if this note or interest thereon is not paid securing this note, agree to pay all reasona closure is made by the Public Trustee, 10 by the Public Trustee to the cost of forec

Due November 1st, 1925. erms a ann ue o o e m t p , e r s i vet

per cent. per annum, payable

semi-annu-clared due in pursuance of the terms hereof it shall there-, nd that upon failure to pay any installment of principal or conditions of the deed of trust, mortgage or pledge agree-a agree-and interest due at once. The makers and endorsers hereof not ce of non-payment and of protest, and waive all exemp-payment and partial exemp-payment before, or after maturity, and uit is brought to foreclose any mortgage, trust deed or pledge tion, including 15 per cent, for attorney fees, and if fore-orney fees for the supervision cf said foreclosure to be added lder may act as his own attorney.

,

On the 1st day of November, A. D. 1925,

pay to the order of THE FARM LANDS SECURITIES CO.

• _ •

-. • • _DOLLARS

promise to

at the office of said Company, Denver, Colo., being 6 months'

interest to that date on .., note for $ 2 .2 ,

7

interest after maturity at er , . per annum

$_ • — No. 11

On the 1st day of November, A. D. 1924, promise to

pay to the order of THE FARM LANDS SECURITIES CO. DOLLARS

at the office of said Company, Denver, Colo., being 6 months'

interest to that date on note for $

interest after m at 8.4fen annum

No. 9

On the 1st day of May, A D. 1925, promise to

pay to the order of THE FARM LANDS SECURITIES CO.

'‘ 1 _DOLLARS

at the office of said Company, Denver, Colo., being 6 months'

•

interest to that date on I _{note for $}

interest after ma *ty az per c per annum.

z No. 10

On the 1st day of May, A. D. 1924, , promise to

pay to the order of THE FARM LAN/DS SECURITIES CO.

DOLLARS

at the office of said Company, Denver, Colo., being 6 months'

interest to that date on . note for $ .., • ,

interest after mat y a•_•Aer ctwy.foer annum.

$ _ '-- - _:1 • - ,-, _,,- ._1,;;....--'1.,--f.r.-f...1.---0...-?__

No. 8

Cortez, Colo. For value received, we hereby assign, trnnsfer and .ittN.t over the within note and the trust ater stock securing the tarvfe

THE FARM LANDS SECURITIES CO. E. TYLER SMITH, PRESIDENT

G. A. CARLSON, VICE-PRESIDENT

B. M. WEBSTER, SECRETARY-TREASURER ALLEN & WEBSTER, GENERAL COUNSEL

• Dear Jortcz, Oolorado :,Jvcriber 4-eventh Ilneteen-t3enty GENERAL OFFICES 612, A. C. FOSTER BUILDING DENVER,! COLORADO

4111 you kindly ()end us as required. In your cnitrao.t.on your state land (the

thr 16-35-16) stl.te leaco to 1r, held In

com.leotlIn yoir notes :atrr rtoer.

Y trt vri r:7 t ra1,7 •

In • : C:j

Local Offices, CORTEZ, COLO,

II. S. Registered Mails go to every post office in the world. Lett,ers and parcels may be registered at any post office or at any post -office station, and by rural carriers throughout their routes. Letters will be registered by letter carriers in the residential tricts of cities. ----o paSSaippi) t'D 52'

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