The Vinton record. [volume] (M'arthur, Vinton County, Ohio) 1866-1891, 1872-01-06
Furnace, Engine, Boilers,
Scales and all Machinery
and Fixtures attached
toandconnectedwith
said Real Estate,

and the reyerelons, remainders, rents, issues
and profits thereof, and all the estate, night,
title, interest, property, claim and demand OF
every nature and kind whatsoever ofthe said
"rhe Virton furnace aud Goal Company OF
OHIO" as well at law a. in equity, of. 10, and
to the same and every part and parcel thereof;
TO the record OF which lndentrre or-Deed OF
Trust, hrst hereinbefore Teclted reference is
hereby made for a particular description Of
said real estate. and for greater certainty.
Which convey ance, so made to the sad Sam.
uel J. MacMullen, was made to him In Tf7is, for
the use, benefit and security OF the several
persons, their respective Successors, execu-
tors, administrators and assigns, who should
be or become the holders OF certain bonds OF
the said "The Vinton Furnace and Coal Com.
pany OF Ohio" for the payment Of one hundred
thousand dollars in the aggregate, IN sums
efhve hundred dollars each, bearing date July
LIST, 1866, and payable to the SAID Samuel j.
MacNullen or bearer, on the first day Of July,
1871, at the Fourth National Bank "a the city
OF Philadelphia, bearing interest at the rate OF
seven per eent; per annnm payahl lie semi an
nualiy At SAID Fourth National bank IN the city
of Philadelphia, without priority ~ any holder
ofpny Of said bonds, but subject until default
should be made IN the payment thereof, IA In
said deed mentioned, 10 permit and sutier the
said VIDton Furnace and Coal Company and
its assigns, to retain the free and uncontrolled
use, possession and management OF said prop.
piNy oO SvhfcJCut lOi tho HulpOrN5 hnu
ness ofsaid company: and whereas il was pro.
vided "lnong other things, in SAID lndenture
or Deed Of Trust, that IL said VintOn Fur
mace and Coal Company Of Ohio, their sncces.
sOrs and assigns should at any time thereafter,
after demand made in writing, make default,
or refuse, neglect or omit for any period of
time exceeding thirty days, to pay the inter-
est on the bonds aforesaid, or any of them or
the principal sum thereof when and ~ the
same should become due and payable, then
aud IN eitler such case, il should become the
duty Of said trustee, upon the written request
OF the holders Of said bonds TO on amount not
less than sixty thousand dollars, to proceed
upon and under said lndenture and sell the
sad property so conveyed or agreed or in
tended so to be, at public sale, in the city OF
Cincinnati, FIRST giving at least sixtV days no.
tice thereof, by publication once a week In at
least two daily newspapers published In the
cities of Phlladelphiaand CINCINNATI, and In a
newspaper published nearest to the said
property, ana after paying the charges and ex.
penses Of said trust, should hold the moneys
which might by reason OF such sale come
into his hands, rs the same should be re-
celved, for payment IN the first place, OF the
interest due on SAID bonds respectively IN full,
and in the second place, for the payment and
discharge of the prinbipal sums thereof, TO the
holders thereon, If sufficient for that purpose,
butt not, then to anda among the several holds
ers thereof, pro rata, 80 that no priority should
10 given to any OF the said bonds, retaining
however always such sums ~ might be suffi-
eIent to meet the expenses of said trust and to
indemnify the SAID Trustee from any liability,
loss or damages by virtue Of any lawful act or
AIS of said trustee, and III any surplus of such
moneys should thereafter remain, then, the
said trustee to pay the balance of the trust
funds in his hands, and assign and convey any
residue Of the Trust Estate o r property to said
Vinton Furnace and Coal Company, its sue
cessors and assigns for liz or their sole use
and benefit.
And whereas, the principal Of said bonds,
together with the seml>annual interest there.
on which became due on the first day of July,
1871, was not paid on said day; and thereupon
aiterward, to wit, on the tenth day OF August
1871. due demand for the payment of the pm.
ci al and interest 20 due OH said bonds, was
made in writing upon said Vlnton Furnace
and Coal Company, by the holders Of l7s Of
SAID bonds, amounting in the aggregate to
S0OOO, besides interest, and the said Vintok
Furnace and Coal Company made default aiI
refused and neglected to pay the said principal
or Int crest for more than thirty days after
asid demand, and yet make default and re-
fuse ami neglect to pay the same or any part
thereof: and whereas, the holders Of SAID
boSds to the amount OF sixty thousand dols
lars and upwards, did, IN writing. on the
twelfth day Of September, 1871, requeEt and
require the said samuel J. Macmillan, Trus.
tee aforesaid, to proceed upon the said In
denture, and sell the SAID premises 80 com
veyed III trust, and distribute the proceeds OF
such sale according TO the terms Of said In.
denture unless the principal moneys due to
them respectively on said bonds so holden,
and all unpaid interest thereon, should be
fully paid to them respectively by said Com
pany, on or before the expiration OF thIrt,
days from the date Of said demand, and said
PRINCIPAL and interest yet rema ming unpaid
as aforesaid. Now, therefore, ], Samuel ].
MqcMullHn, Trustee as aforesaid, in conform.
lty with the PROVISIONS Of SAID Iudenture, or
deed Of trust, will, on