STATE LAND LAWS 265 



FORECLOSURE OF COST LIEN. SEC. 408 



feet until the last deferred payment for the water right is fully 

 paid and satisfied according to the terms of the contract under 

 which said water right was acquired ,and until all delinquent 

 maintenance fees are fully paid. The contract for the water 

 right upon which the aforesaid lien is founded shall be recorded 

 in the office by the county auditor of the county where the land 

 is situated. Upon default of any of the deferred payments se- 

 cured by any lien under the provisions of this chapter and any 

 maintenance fee, the person, company, or association of persons, 

 or incorporated company holding or owning said lien, may fore- 

 close the same according to the conditions and terms of the con- 

 tract granting and selling to the settler the water right and pro- 

 viding for a maintenance fee. All sales shall be advertised in a 

 newspaper of general circulation, published in the county where 

 said land and water right is situated, once a week, for four con- 

 secutive weeks, and shall be sold to the highest bidder at the 

 front door of the court house of the county, or such place as 

 may be agreed upon by the terms of the contract. And the 

 sheriff of said county shall in all such cases give notice of sale 

 and shall sell such land and water right and shall make and 

 deliver a certificate of sale to the purchaser, and at such sale no 

 person, company, or association of persons, or incorporated com- 

 pany, owning or holding any lien shall bid in or purchase any 

 land or water right at a greater price than the amount due on 

 deferred payment or payments for said water right and land 

 and maintenance fee due and the costs incurred in making the 

 sale of the land and water right. At any time within nine 

 months after the foreclosure sale by the sheriff of the land and 

 water right as aforesaid, the original owner against whom the 

 lien has been foreclosed, or any other party entitled to redeem 

 land sold under execution may redeem land and water right so 

 sold in the same manner and order and under the same procedure 

 as is or may be provided by law for the redemption of land sold 

 under execution. The party reclaiming said land and water 

 right shall pay to the sheriff the amount for which said land and 

 water right was sold and costs and increased costs, together with 



