Mohave County miner., 1912-10-26

| WITNEssEru: That. whereas, under a de. | cree of foreclosure and sale entered on October | 10th, 1905. in d certain canse pending in the | District Court ol the Fourth Judicial District of the Territory of Arizona. in and for the | County or Mohive, wherein The New York | Trust Company. a corporation. is plaintiff and | The Arizona and Utah Railway Company. cor poraton is defendant. foreclosns a certain | mortgage made by said defendant. in favor of | the Continental Trust Company of the City of 1 New York. predecessor in Trust of said plaintiff ind dated April Eth. lS99. there will be sold by | John Denair appointed Special Master in said | decree on November Eth. 1905. the railroad. | properties franchises. immunites and exemp- | tions connected herewith of said detendant; | and
 | WHEREAS. the party of ike second part is | the owner of all of the outstan ling bonds and | overdue interest coupons attached thereto, is sued under said mortgage, ana 1t 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 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 (S3S4.U0W dol lars, with overdue interest coupons attached thereto and shall cause said The New York Trust Company to execute and issue to said Arthur G. Wells and Thomas J. Norton a certi- r that Suc bonds and have been deposited with it for the use of said Arthur c. 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 tS4.O0S) 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 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 Incorporate q railway company to ac- qnre. manage and operate the properties purchased. under and in pursuance of para. RTdpu SNu or tue NtNlSe1 statutes or ATlZDua or 19)l with maximum amount of capital stock of five hundred thousand tSS0lo00) dollars. con siSting of five thousand 5000 shares of hundred dollars lOlS) par value each and to be known or designated 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 q Wells and Thomas J. Norton as joint tenants and not as tenants in common) and upon the organization of said new corporation they shall convey to it all of the properties SD sold. in consideration of the i suarce and delivery 0f the five thousand t50u shares of prorosed capital stock of said com- pany. which shall be distributed follows: Four thousand, nine hundred and nnety-iive 4,oq5N shares to The Atchison. Topeka and Santa Fe Railway Company and to each of the Directors named in said certificate one (l) share.
 The Atchison 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, obli- gations. costs charges and expenses incurred or assumed bv them or any of them in pur- chasing at such s1le 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. tSean
 THOM AS J. NORTON. (SeaD
 THE ATCHISON. TOPEKA AND SANTA FEE RAILWAY COMPANY.
 By E. P. RIPLEY,
 It's President.
 (SeaO
 Attest:
 G. HOLTERHOFF Jr.
 Western Assistant Secretary
 Eighth: The term for which this corpora tion is to exist is fifty ls0). years.
 IN WITNESS WHEREOF, we, the undersigned. being said purchasers and their associates. have hereuntO subscribed our names and affiX- ed our seals this twenty seventh day of Decem- Der. A. 1905
 ARTHUR G. WELLS (Sea)
 THOMAS ]. NORTON (Seal
 GODFREY HOLTERHOFF. Jr. fSeal)
 w. A. DR AXE lSeall
 PAUL RURKS (SeaD