Mohave County miner., 1912-11-02

WITNEssErH: That, whereas. under de- 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. in and for the County or Mohave, wherein The New York Trust Company. corporation, is plaintiff and The Arizona aud Utah Railway Company. cor poratiOn. is deteu 1ant. foreclOSinS certain mortgage made by said defendant, in favor of the Continental Trust Company of the City ot New York. predecessor in Trust of said plaintiff and dated April 27th 1890. there will be sold by John Denair. appointed Special Master in said decree on November 27th. 1905. the railroad properties. franchises. immunties 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- 'ue'i under said mortgage. aud it is proposed that said Arthur G. Wells and Thomas J. Sorton 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 al d sale that the bidder al d pur- chaser thereat my use said bonds in satistac. ton of his bd 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
 
 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 thrty-four thousand (S334uOJ 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- tcate that such bonds and coupons have been deposited with it for the use of said Arthur C. Wells and Thomas J. Norton under and in 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 t34.oOaS) dollars for such further sum a may be necessary. but not exceeding the amound found due on account of such bonds aud 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 Incorporate a railway company to ac- quire. manage and operate the properties so purchased under and in pursuance of para graph SsO of the Revised Statutes of Arizona of 19Jl with a maximum amount of capital stock of five hundred thousand tSS0),00O dollars. con sistng of five thousand 5000 shares of one hundred dollars il0 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 five persons to be desIgnated in the certificate of incorporation.
 The title to the property so sold shall be talk on Inv ri Thomas I, Norton as joint tenants and not as tenants in commou) and upon the organization of said new corporation they shall convey to it all of the properties so sold in consideration of the i.- suance and delivery of the five thousand (5.OW shares of proposed capital stock of said cOni- pany. which shall be distributed as follows: Four thousand. nine hundred and ninety-five i4 ,o95, shares to The Atchison. Topeka and Santa Fe Railway Company. and to each of the Directors named in said certificate one C) share.
 The Atchisou. 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 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 tSeaI
 THOMAS J NORTON. (SeaD
 THE ATCHISON. TOPEKA AND SANTA
 . ' By E. P. RIPLEY, Its President (SeaD
 Attest: