Mohave County miner., 1912-09-28


 District Court of the Fourth Judicial Distric,
 of the Territory of Arizona. in and for the | County or Mohave, wherein The New York
 Trust Company. a corp0raton. IS piainlin ana ana | poration, is defendant, foreclosng certain
 mortgage made by said defendant. in favor oi ] the Continental Trust Company of the City ot | New York, predecessor in Trust of said plaintfl | and dated April 27th. 1S99 there will be sold bN
 John Denair, appointed Special Master in said | decree on November 27th. 1908. the railroad. | properties, franchises mmuuities and exenp- | tions connected herewith of said defeudant: | 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 ot 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- 1 chaser thereat may use said bonds in satisfac- | ton of his bid. and may deposit in lien thereof
 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 hum
 dred and thirty four thousand (S334'OOU 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- | 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. l 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 l be sold the sum of three hundred and thirty
 four thousand (34.OOos) 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 i 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 l 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.
 graph $50 of the Revised Statutes of Arizona of | 1901. with a maximum amount of capital stock
 of fiv ve hundred thousand (SSODOOO) dollars. con- | sisting of five thousand 5000 shares of one
 hundred dollars (lOtS) 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 five persons to be designated in | the certificate of incorporation. The title to the property so sold shall be tai, | en by said Arthur G Wells and Thomas J. | Norton joint tenants and not as tenants in | cOmmou) and upon the organization Ot said new | -t., ,1I pf tI.a | properties so sold, in consideration of the is
 suance and delivery of the five thousand (5ON) | shares of proposed capital stock of said com- 1 pauy. which shall be distributed as follows:
 Four thousand. nine hundred and nnety-fve | (4, ,o95l shares to The Atchison Topeka and | Santa Fe Railway Company. and to each of | the Directors named in said certificate one III | share.
 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 by them or 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. iSeaD | THOMASJ NORTON. (SeaD | THE ATCHISON TOPEKA AND SANTA
 FEE HALLWAY COMPANY.
 A By E. P. RIPLEY. ! Its President. | (Sea)
 | Attest:
 G. .HOLTERHOFF Jr.
 | Western Assistant Secretary" | Eighth: The term for which this corpora | ton is to exist is fifty (SO) years. | IN WITNESS WHEREOF we. the undersigned, | being said purchasers and their associates, have hereuuto subscribed our names and affix- | ed our seals this twenty seventh day of Decem- Der. A. D 1905.
 , ARTHUR G. WELLS (Seal) THOMASJ. NORTON (Seal, GODFREY HOLTERHOFF. Jr. tSeall w. A. DRAKE tSeal) l PAUL BURKS tSeal)
 TERRITORY OF ARIZONA, lSS | County of Yavapai
 | Before me. L. O. Tucker. notary public in and for said County and Territory on this day l personally appt ared w. A. DRAKE and PAUL BURKs known to me to be the persons whose | names are subscribed to the foregoing instru. meut and each one acknowledged to me that
 he executed the same for the purposes and con alterations therein expressed.
 Given under my hand and seal of office this : 1SeaD L.o. TUCKER. Notary Public My commission expires Oct 20. 1908 STATE or cA.IrosS.A iss On this 27th day of December in the year On, Thousand nine hundred and five. before me. E