The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-02


rity for the amount subscribed Il the
| said first party, its successor or assigns,
| fails to carry out the contract so made
with it by said trustees. The said sub
/ scription provided that The said Whit
taker Packing House property be held
| and bound by the said contract for the
benefit pro rata Of the Wichita Union
| Stock Yards Company and all other sub
| scribers to the said fund raised to estab-
fish the said packing house by said first
party. II is agreed by said first party,
for itself its successors and assign, that
/ 1t viii within months from the date
| Of this contract cause the said property.
| known as the Whitaker Packing House
/ property to be thoroughly repaired in
! good condition and that it will within
| ( months from this date open up business
/ at said packing house for the purpose Of
| slaughterirg. curing and marketing hogs
| and also that it viii when the said pack
| ing house is opened up for active bust
/ ness within the time above stated. opeT-
! ate the same in a thoroughly business
! Ike manner, and maintain the said pack
/ ing house as a packing house for hogs
And the first party further engages
! that it viii endeavor, in all ways legiu-
mate and proper. TO establish market
at Wichita, Kansas, for hogs cattle and
] sheep and that to that end IF necessary
! so to do, that It will maintain Z market
/ rate for hogs at Wichita Of at least If
teen cents G5c) per hundred under the
current Kansas City rates for the regu-
lar packing grade Of hogs for all the time
/ that it operates and maintains the said
/ packing house.
/ 1T is further agreed by said first party
that it win by slaughtering and packing
/ hogs at said plant. in all ways endeavoT
/ and work to the end that the said pack
/ ing house, so to De operated and main
! tanned by it, shall be successfully oper-
ated, and that it will in all ways by It's
management seek and endeavor to make
the said packing business at said house
a successful and prosperous business.
said first party further agrees that II
/ at any time, It ceases or fails to keep
the said packing house in good repair
and if it ceases at any time to operate
the same by slaughtering hogs as above
set forth, then the said first party. its
successors or assigns agrees to convey
/ to the said trustees. their successors In
trust all of the said property hereinafter
| described, by a special warranty deed,
conveying said property to said trustees,
and warranty deed title to the same as
against any act Of itself or its success
sors or assigns bat the said first party
/ shall not be in any wise bound upon
| any covenant of warranty for any thing
! happening prior to this deed to said
property from said grantor.
The first party further covenants that
it will keep the said improvements now
on the said land, and all Improvements
! hereinafter put upon said lands by it In
! sured in responsible insurance com
pan.es for the benefit Of itself and said
trustees as their interests may appear.
It further covenants that It will pay all
/ taxes and assessments which may be
| lawfully levied by any lawful authority
against said property before the same
/ becomes delinquent, and in the event Of
/ the failure of said first party its sue
] cessors or assigns to keep the said prop
erty insured. as above set forth, its in
! sUrable amount, in responsible insurance
| companies with loss payable as above
set forth, it shall the non demand for
felt all right, title and interest IN and to
/ the SAID property and shall at once con-
vey the same to the said trustees, az
/ hereinbefore set out; and it further COW
enants that If It or It's successors or as
! signs fail to pay the said taxes levied
! against said premises before the same
! may Become delinquent, as above set
/ forth, then in that event its successors
! or assigns viii, upon demand, convey all
said property to the said trustees, as
/ above set ont. 1t further covenants that
it will use and expend properly in the
/ repair of said house and the machinery
therein, and in additions thereto, to the
| SAID property for its use IN its business
/ the sum of Forty Thousand Dollars
! ($40000o0) which sum Of Forty Thousand
/ Dollars $40 000.O0) is to be subscribed and
/ placed to the credit OF the party Of the
/ first part in the Kansas National Bank
/ of Wichita, Kansas, by the parties of the
! second part within fifteen 90 days from
/ date. which said fund of Forty Thousand
/ Dollars CS40000.OO shall be expended in
I the repair Of the said house and Of the
/ machinery tools and appurtenances and
/ equipments thereto and in the building
| Of the necessary additions within twelve
months from this date.
cit is further stipulated that the first
party shall exhT5it to the second party,
vouchers showing the expenditure OF said
sum Of forty thousand dollars (s400o00O
in the repair of said buildings and the
machinery, tools. appUrtenances and
equipments and in the building Of add
/ tionstlons TO said property. In the event
that said first party shall fail to expend
al of the said money IN such repair,
machinery, tools, appurenances and
equipments and in such addition build
ings within twelve months from this
date, then the said first party shall on
demand return to said trustees, parees
Of the seaond part any and all mex
pended portion Of said forty thousand
dollars (s400000O not used or expended
as provided for by the terms OF this con
tract
ut is further provided that al any time
when said trustees shah be entitled to
demand and receive a deed Of convey
ance to said premises that the sald first
party's interests and equity IN and 70
said property and every part thereof
shall at once cease and terminate and
said trustees shall be entitled at once
to the possession and occupancy % said
premises and shan be entitled without
notice, 20 sue Tor and recover the pos
session Of the said properly as for peace
able entry and forcible detention as pro
vided 6y the avs Of rhe state ~ kan
sas and an persons in possession u sas5
property or any part thereof shall sur-
render The possession 81 said premises
70 said trustees and said first party shalt
then and thenceforth have no interest or
equity IL The sald property.
"H IS further understood and ssree5
~ and between The parties hereto that
iu case The 6rst party hereto It's sue