The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-29

ing date on FEBRUARY 81 1911, OF record
in sad office IN Deed Book No. 1877,
page 127.
). All Of. the residue Of the term In,
OF and to that certain leasehold Is.
tate In, Of, upon ana to all OF the coal
IN. upon and underlying q certain
tract Of land containing 662.s5 acres
more or less, lying and being on the
waters Of Limestone Creek. in the
District, County and State Aforesaid,
which said leasehold estate was orig
lnally created by q deed OF lease bear
ing date on August z. 1901, made by
Wolf Summit Coal Company to ]. \.
Solon and =. 7. Lowery, of record in
said office in Deed Book No. 1875, page
S0S, and which leasehoid estate and
the estate in ana by said deed Of
lease 50 crested as aforesaid, were
by said Scion and LOwery conveyed
by deed bearing date on December IL,
1901, Of record IN said office in Deed
Book No, 12s, page 1870. and which
teasehold estate was thereafter by
deed bearing date on May 8, 1904, Of
record In said office in Deed Book No.
t42, page i44, conveyed by said The
5oioh- Lowery Cool Company 70 Thorn
- ]. O'Gar1, together with the appur-
oenaces 70 tho said ieasehold estate In
anywise belonging Or pertaining.
4. Al Of the residue Of the term tn,
OF and 70 q certain leasehoid estate In.
OF, upon and e. all OF the coal in, upon
and underlying tract Of land of zoo
acres, lying and being on the waters
OF said Limestone Creek. in the Dis
trict. County and State aforesaid. and
adjoining the tract OF land described
In the paragraph next preceding, which
said leasehold estate was created bya
deed OF lease bearing date on March
IS, 1904, made by said The Wolf Sum
NIT C0a4 Company 10 said The Sol0n-
LoWevy Coal Company Of record In
said office IN Deed Book No. I42, page
140, and which said ieAsehoId estate
and the estate therein and thereby
created, was thereafter conveyed by
said The Soton- Lowery Coal Company
to said Thomas ]. 0'Gara by deed
bearing date on Nay Q. 1904, Of record
in said office IN Deed Book No, 142,
page Ii44, together With the appur.
tenances to the said leasehoid astate
in anyWtse belonging or pertaining.
5. That certain mtntng plant and
equipment, Including miners houses,
store room, blacksmith shop, engine
house and equipment, and tlpple and
tipple machinery, equipment and
connections, mine cars, tracks and all
other equipment, machinery, houses,
structures, fixtures, furniture, office
and mine supplies and materials. all
live stock, and all other property and
assets. excepting only accounts receIy-
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,
uar 4nHT ~
day of October t9t2, from Thomas
]. O'Gara sold, transferred, set over
and assigned to said jenkins.
8. ALI 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 Railroad
at a point near said o'Gara Coal Nine
property, to point about one-half
mile above the tipple thereof, and 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 BIZ
and between said The Soion-Lowery
Coal Company and Phoenix Coal Min
ing 4 Coke Company, each bearine
date on April IS, 1904, OF record re-
spepctiYely in said office In Deed Book
No. 140, page $40, and Deed BooI
No. l42, 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 OPGara, or any one for
him during the then last two mini
mum years, or which might be paid
during the then curren maximum
year, 70 the date ot said deed of trust,
under the minimum clauses OF other
terms of said original deed or lease
bearing date as Aforesaid on the 7th
day OF August, 1901, or any nodlfica-
ton made thereof, for the deficiency
between the coal actually mined and
removed On any Of said years and the
minimum royalty or rental paid for
said three years or for the current
year under said minimum rental
clauses, together with all the rights.
advantages, and benefits arising by
the terms OF said deeds of lease from
and by reason Of said payments. and
al the remedies prescribed IN and by
said original deed of lease. or any
modification thereof, Cor the next two
years after such payment for such de-
ticiency for any one year without ad-
diional payment therefor.
.. All OF the then unexpired term
aud al OF the right title and inter-
est conveyed by said jenkins to said
trustee, in and to any liability, accl-
dent, fire or other insurance at the
date OF said deed of trust existing for
the protection of the property herein
described, or any part thereof.
9. Each and every interest, right
title. estate, easement, franchise.
claim, demand and property acuuIr-
ed by said Jenkins under q certain
deed bearing date tile Sth day OF Dc-
tober, 1912, from Thomas J. OiGara
and Mary A. O'Gara, els wife. to said
JenkinJ
The foregoing property, rights and
interests are the same that were con-
yeyed by said jenkins to East Coast
Coal Mining Company, and is now COM
monty called the FLORIDA Mine" prop
etty.
Reference Is hereby made to said
deed of trust and all OF the above men
toned deeds for greater partlcularity.
TERMS OF SALE-Said sale will be
made for cash at time OF sale, and not
otherwise.
Under the provisions of said deed
Of trust, said trustee may, and is au-
thortzed and permitted to, become the
purchaser at such sale, and any own
er of notes secured by said deed of
trust may become such purchaser, and
any such purchaser shall be entitled TO
turn In. use and apply, in making pay