Mohave County miner., 1912-10-05

WITNESSETH, That, WneTedS, uHuei d uS cree of foreclosure and sale entered on October l6th 1905 in a certain canse pending in tht District Court of the Fourth Judiciai Dstrlcl
 of the Territory of Arizona. in and Tor the County or Mohave, wherein The New I orr Trust Company. a corporation. is plaintiff and The Arizona and Utah Railway Company. cor poratiou. is defendant, foreclosine certain mortgage made by said defendant, in favor O. the Continental Trust Company of the City O New York predecessor in Trust ot said plalntli ind dated April 27th 1899, there will be sold by John Denair. appointed Sperial Master m sal, decree on November 27th. 1905. the railroad properties, anChises, ininiuuties and eXemp lions connected herewith of said deiendant: and
 WHEREAS, the party of ike second part i,
 the owner of all of the outstanding bonds and
 overdue interest coupons attached thereto is
 sued under said mortgage. and 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 Did.
 and organize with three other parties to be as sociated with and selected by the partles or the first part. corporation under the laws of the
 Territory of Arizona to take sald properues'
 and
 WHEREAS. it is provided in said decree of
 foreclosure and sale that the bidder and pur- chaser thereat may use said bonds in satiStac
 ton of his bid, and may deposit in lien thereof
 certificate of the plaintiff that 1t holds such
 bonds for the of such party together with au 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 thrty-four thousand tSS4OOO 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 certi- ficate 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 (33400OS) dollars for such further
 sum as 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
  1901 with a maximum amount of capital stock of five hundred thousand (SS0).NO0 dollars. con- ssting of five thousand 5000 shares of one hundred dollars (l0tS) 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
 en by said Arthur G 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 so sold. in consideration of the iS- suance and delivery of the five thousand (5.OoU shares of proposed capital stock of said com-
 pany. which shall be distributed as follows: Four thousand. nine hundred and ninety-hve | (4,o95 shares to The Atchson. Topeka and | Santa Fe Railway Company. and to each of 1 the Directors named in said certificate one (I i share.
 The Atchson. 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, obi.
 gatons. costs charges and expenses incurred 1 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. Seal THOMAS J. NORTON (SeaD THE ATCHISON. TOPEKA AND SANTA
 T. N A Il" By E. P, RIPLEY, ' Its President.