Mohave County miner., 1912-10-19

WITNEssErH: That, whereas under de- cree of foreclosure and sale entered on October | 10th, 1905 in a certain canse pending m the District Court of the Fourth Judicial District | of the Territory of Arizona. in and for the County or Mohave, where n The New York Trust Company. corporation. is plaintif and The Arizona and Utah Railway Company. cor poration. is defendant, foreclOsnH certain mortgage made by said defendant, in favor of the Continental Trust Company of the City of New York. predecessor in Trust of said plaintiff and dated April Eth. 1890 there will be sold by John Denair, appointed Special Master in said decree on November 27th. 1905. the railroad, properties. franchises imn,unities and exemp tions connected herewith of said deiendant and
 WHEREAS. the party of ike second part is | the owner of all of the outstanding bonds and overdue interest coupons attached thereto. is sued under said mortgage. and it is proposed that said Arthur G Wells and Thomas J. Norton shall bid in said properties at such sale. using such bonds in satisfaction of tEeir bid. and organize with three other parties to be as- sociated with and selected by the parties of the first part, a corporation under the laws of the Territory of Arizona to take said properties and
 WHEREAS. it is provided in said decree of foreclosure and sale that the bidder and pur- chaser thereat may use said bonds in satisfac- tion of his bid and may deposit in lien thereof a certificate of the plaintiff that it holds such bonds for the use of such party together with an order from such party to said plaintiff to apply such bonds in satisfaction of the pur- chase price at such sale:
 Now. THEREFORE, it is mutually understood and agreed by the parties hereto as follows:
 The said party of the second part shall forthwith deposit with said The New York Trust Company all of the said outstanding mortgage bonds of the par value of three hun dred and thirty-four thousand CS33+.OOO) dol lars, with overdue interest coupons attached thereto and shall cause said The New York Trust Connany to execute and issue to said Arthur G. Wells and Thomas J. Norton a certi- fiCate that such bonds and have been deposited with it for the use of said Arthur G. Wells and Thomas J. Norton under and in ac- cordance with the provisions of said decree. The said Arthur G. Wells and Thomas J. Norton shall at the time and place of said pro- posed foreclosure sale bid for the properties to be sold the sum of three hundred and thirty four thousand (334.0OtS) dollars for such further sum as may be necessary. but not exceeding the amound found due on account of such bonds and overdue interest coupons in said de- cree. and they shall deposit with the Special Master making the sale the aforesaid certificate of the The New York Trust company together with their order directing said plaintiff The New York Trust Company to apply such bonds toward the satisfaction of their bid and the purchase price bid by them at such sale. Upon the confirmation of said sale sad Arthur G. Wells and Thomas J. Norton shall associate with themselves three other parties to be selected by them. and with such other parties incorDorate railway company to ac quire, manage and operate the properties purchased. under and in pursuance of para. graph $50 of the Revised Statutes of Arizona of 1901 with maximum amount of capital stock of five hundred thousand (SS0)000 dollars. con sistrg of five thousand 5000 shares of hundred dollars N0S> par value each and to be known designated as Western Arizona Railway Company or some other appropriate name.
 The Board of Directors of said corporation shall consist of five persons to be designated in the certificate of incorporation.
 The title to the property so sold shall be talk en by said Arthur G Wells and Thomas J. Norton joint tenants and not as tenants in commor) and upon the organization of said new corporation they shall convey to 1t all of the properties sold. in consideration of the i-- suance and delivery of the five thousand (5.0o0 shares of proposed capital stock of said com pany. which shall be distributed follows: Four thousand. nine hundred and ninety five t+,9o5l shares to The Atchson, Topeka and Santa Fe Railway Company. and to each of the Directors named in said certificate one (n share
 The Atchison Topeka and Santa Fe Rail way Company shall and will indemnify. pro- tect and hold harmless said Arthur G. Wells and Thomas J. Norton and their associates and each of them. against all liabilities obli gationS costs charges and expenses incurred or assumed bv them any of them in pur- chasing at such sale. or which may be imposed by any decree erterei in respect thereto. or which may be incurred in Carrying out the terms and provisions of this agreement
 Executed by the parties hereto the day and year first above written.
 ARTHUR G. WELLS Seal
 THOMAS J NORTON. (SeaD
 THE ATCHISON. TOPEKA AND SANTA T. N '-' n : ~ By yE. p. RIPLEY,
 Its President
 (SeaD