The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-22

, by said Scion and Lowery conveyed
to The SoIon-Lowery Coal Company
by deed bearing date on December IA,
1901, of record in said office in Deed
Book No. 12S, page 100. and which
leasehoId estate Was thereafter by
deed bearing date on May g. 1904, OF
record in said office m Deed BOOK NO.
1872 page LA, conveyed by said The
Solon-Lowery Coal Company to Thorn
as ]. O'GaTa, together withHthe appur-
cenaces to the said Ieasehold estate in
anywise belonging or pertaining.
A. All Of the residue of the term in,
of and to a certain leasehold estate in,
of. upon and to all OF the coal in, upon
and underlying a tract of land OF 2O.6
acres, lying and being on The waters
of said Linn estone Creek. IN the Dis
adjoining the tract of land described
in the paragraph next preceding which
said leaSehold estate was created by a
deed of lease bearing date on March
Is. 1904, made by said The Wolf Sum
NIT Coal Company to said The Solon-
I,owery Coal Company, of record in
said office in Deed book No. 142, page
14O and which said leasehold estate
and the estate therein and theres.
created was thereafter conveyed by
said The SoIon-Lowery Coal Company
to said Thomas ]. O'Gara by deed
bearing date on May 6, 1874, OF record
mage IA, together with the appur-
tenances to the said leaSehold estate
in anywise belonging Or pertaining.
8. That certain mining plant ana
equipment, including miners houses,
store room, blacksmith shop, engine
house and equipment, and ttpple and
tipple machinery, equipment and
connections, mine cars, tracks and all
other equipment, machinery, houses,
st1-1lfstureS fixtures, furniture, office
and mine supplies and materials. all
live stock, and all other property and
assets. exec ting only accounts recetv-
able and cash in bank, forming part
of and used in connection with, and
in and about the mining plant of said
Jenkins commonly called the O'Gara
COAL Mining Plant, near Reynoldsville,
as the same were by deed of the Sth
day OF October. 1912, from Thomas
I. O'Gara sold, tran sferred. set over
and assigned to said jenkins.
6. All the right title and interest,
conveyed by said Jenkins to said trus-
tee, in and TO certain railroad switches
or sidings; extending from the main
line of the Baltimore & Ohio Railroao
at a point near said o'Gara Coal Mine
property, to point about one-halt
mile above the tipple Thereon, ana IN
and TO the rights of way on which
the said sidings were at the date OF
said deed OF trust and all easements.
PRIVILEGES, franchises. rights, title and
interest conveyed by said jenkins 20
said trustee in, to and under Two GER
tain agreements In writing, made by
and between said The Solon-Lowery
Coal Company and Phoenix Coal Min
ing & Coke Company, each bearing
9ste on April Is, 1904. OF record re-
spepctiyely in said office In Dee, Deed Book
No. 142, page 149.
z. All rights or recovery. conveyed
by said jenkins to said trustee, from
The Wolf Summit Coal Company OF
the ROYALTIES and rentals advanced and
paid by said O'Ga-a, or any one for
him during the then last two mini
mum years, or which might be paid
during the then curren minimum
year. to the date of said deed of trust,
under the minimum clauses or other
Wearing date as aforesaid on the 9TH
day OF August, 1901 or any ruoditca-
lion made thereof. for the deficiency
between the coal actually mined a-nd
removed In any of said years and the
minimum royalty or rental paid Tor
said three years or for the current
year under said minimum rental
clauses, together with all the rights.
a fivantages, and benefits arising by
the terms Of said deeds OF lease from
and by reason OF said payments. ana
an the remedies prescribed IN and oy