Mohave County miner., 1912-10-12

I l | cree of foreclosure and sale entered on October | 10th. 1905. in certain canse pending m the District Court of the Fourth Judicial District | of the Territory of Arizona. m ana TOT tne | County or Mohave wherein The New 1ork Trust Company, a corporation. is plaintiH ana 1 The Arizona and Utah Railway Company. cor | poration, is defendant forecloslns certain mortgage made by said defendant m favor of ] the Continental Trust Company of the City o1 New York, predecessor in Trust of said plantif md dated April Eth, 1899, there will be sold by John Denar. appointed Special Master in said
 decree on November Eth. 1905. the railroad. properties. franchises. immunities and exemp- tions connected herewith of said defendant; 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 their 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 ot the Territory of Arizona to take said properties; and
 foreclosure and sale that the bidder and pur chaser thereat may use said bonds in satisfac. ton 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 thrty-four thousand (S334OOO) dol lars, with overdue interest coupons attached thereto and shall cause said The New York Arthur G. Wells and Thomas J, Norton certi- fcate that such bonds and coupons 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 (S34OOOS) dollars for such further sum as may be necessary but not exceeding the amouud found due on account of such bonds aud overdue interest coupons in said de- cree, and they shall deposit with the Speclal 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 aud 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 Incorporate a railway company to ac- quire. manage and operate the properties so purchased. under and in pursuance of para.
 
 1901. with maximum amount of capital stock of fl ve hundred thousand tS'O).OOO dollars. con- sisting of five thousand ,5000l shares of one hundred dollars (l0)S par value each and to be known or designated as Western Arizona Railway Company or some other appropriate name,
 The Board of Directors of said corporation shall consist of i've persons to be designated in the certificate of incorporation.
 The title to the property sold shall be talk en by said Arthur G Wells and Thomas J. Norton as joint tenants and not as tenants in conmon) and upon the organization of said new corporation they shall convey to 1t all of the properties SO sold, in consideration of the i-- suance and delivery of the five thousand t5.ODO shares of proposed capital stock of said com- pauy which shall be distributed as follows: Four thousand. nine hundred aud ninety-five | 4,o05 shares to The Atchison. Topeka and ! Santa Fe Railway Company. and to each ot the Directors named in said certificate one (l) i share.
 i The Atchsou. Topeka and Santa Fe Rail
 way Company shall and will indemnify. pro- tect and hold harmless said Arthur c. Wells
 and Thomas J. Norton and their associates.
 and each of them. against all liabilities. obi. gations. costs. charges and expenses incurred or assumed by them any of them in pur- chasing at such sale. or which may be imposed by any decree entered 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. tSeal THOMASJ NORTON. (SeaD
 THE ATCHISON. TOPEKA AND SANTA
 D N-' '' By E. P. RIPLEY. , Its President. (SeaD