East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-08-31

Subject also to the exception OF
those tracts of land sold and decided
to persons named and set forth on
pages 81 to 100 Of said decree:
Subject also 20, ana save and except,
the rights Of purchase under contracts
In force and not paid for, as describ-
ed and set forth in clause XXXII OF
said decree, pages 101 to JO4 thereof,
nevertheless as to said lands declar-
ing the defaults and forfeitures OF
the rights Of the respective purchas-
ers under clause XXXIII of said de-
cree therein named: II. f. Durbin,
NJ. NJ. and r. ] Male, Matilda Il. Re-
card, Soren Jensen, Charles +.
Rhodes Clayton w. Walter, w. l..
Glendenning w. II. Brunton. S. NJ.
Thompson, j. c. Milton, F. b. Reed,
NJ. NJ. Preston. w. d. Kessler, c. c.
Hills, c. w. Bucholz, Sarah Z. Rob
bins, Andrew Dertinger, Robert
quick Charles B. Briers. Peter Steltz,
Ernest r Warner, George Smith,
William E. Pickett, Gerald r Wood.
l.. p. Larson, II. II. Bangs, Il. j.
Hunter, Andrew Christianson, George
Steltz, Charles j. Powell, II. +. Bag
ley, Jabez Waddington, F.. NJ. Hart
ley, George A. Holbrook. william f.
! II. Willard, James Powderly James
Jones, David William Hayden, E. w,
Miller, William NJ. Messenger, Lenora
Anderson, w. B. Wadsworth, Jacob
Wart, Mary ]. Dexter, Fred n. Cum
mings, o. c. Baker, Oscar Pattison,
Nv. A. Jones, Fred Beers, Alfred Ives,
F. ]. Morosic, ]. r. Glendenning;
Subject also to contracts for lands
sold since the commencement Of suit,
and to the right of the purchasers
making payments under said con-
tracts to receive deeds therefor, to-
wit: Benjamin F. Curtis and E. b.
Daggett
Subject also to, but inclusive of, all
rights and interests OF Oregon Land
and Water Company and all water
appropriations, water rights and ca
nal rights of way as the same may be
or any of them are now under or in
contest with any other appropriation
or pending before the Board of Con-
troll of the State of Oregon in Water
Division No. 2 included within any
contest over the same, in addition
to those of like character already
confirmed to Oregon Land and Wa
ter Company;
Subject also to and save and except
as II may at the foot of the decree,
as therein provided, be made to ap-
pear whether or not the north half of
the northwest quarter of Section %,
Township north, Range 27 east is
subject to any of the rights or claims
of d. w. Bailey or H. d. Mapes, with
the right to the purchaser to acquire
and to enforce all delinquencies
against the said Mapes or the said
Bailey for maintenance and water
rates delinquent thereon; and sub
ject also to the upkeep and mainten-
ance of the property with respect to
water rights, bitches and fumes and
such other claims and demands as
may arise from the passing of said
decree until final transfer of title un-
der the sale, the termination of the
receivership herein and the discharge
of said Special Master:
Subject also to all valid taxes and
| assessments and liens arising by,
through and from any constituted au-
! thority imposing the same which are
/ prior to or preferential or superior in
point of time or right to the lien of
! the said mortgage and deed of trust
/ of March /, 1906, with the right to
any purchaser or purchasers, or his
| or her successors and assigns, to en-
ter his or her appearance in said court
to contest any claim, demand or al
/ lowance made or existing after the
decree or which may arise or be pre-
sented and become payable by said
F. purchaser or any successor of him or
| be chargeable against the property
/ purchased in addition to the amount
/ bid by any such bidder or purchaser,
always allowing any party who hath
claim or demand, right or interest,
not deemed to be sufficiently pro-
tected or included within the terms
of the decree, be he party or privy to
the party to the proceeding, upon
proper showing and due interest ap-
pearing in him, to apply to the court
for further order and direction as
may be meet and in consonance with
equity;
Subject also to, and with notice to
any bidder or purchaser to take in
accordance with all of said properties
conformable to any arrangements or
conveyances, agreements, deeds of
trust, or other contracts made through
the receivers with the United States
| of America accomplishing, or pro-
posing so to do, the inclusion of said
properties within the Western EX-
tension of the Umatilla Project of the
| United States Government for the re-
clamation of arid lands in the State of
Oregon, as authorized by the general
order of court on the petition of said
receivers on the 10th day of June,
| 1911:
Said sale, however, to be upon the
| following terms: that on the day of
sale or any adjournment thereof the
said Special Master shall offer said
property as an entirety to the highest
! bidder for cash, and shall not enter
! tain or receive any bid in any less am
cunt or which shall not at least equal
the amount of the principal and ac-
crued interest of all of said bonds at
the time of said sale, and upon re-
ceiving any bid the bidder to have the
same entertained, and before said
| Special Master can receive and ac-
cept the same, said bidder shall make
good his bid by a deposit with the
| Special Master of not less than a sum
of ten per cent thereof in cash, or by
certified check upon some bank or
/ banker in the city of Portland; that
the said bidder shall make his said
! bid good, or said bidder may tender
as earnest and pledge to make his
said bid good sum or amount in
value of the bonds secured by the said
mortgage or deed of trust of March /.
1906, not less than $4,000, and de-
posit the same with said Special Mas
ter or in the registry of the court
with the clerk thereof, taking his re-
ceipt therefor, and said receipt may
| likewise be deposited in lieu of said