The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-01-05

-TTIU < 4
tate In. 81. upon and to All or the coal
ia, upon and underlying 4 certain
tract OF LAND containing 66y-S9 acres
more or less. lying and being on the,
waters or Limestone Greek. IN the
District, County and state aforesaid
which said leasehold estate Was ora
inaIly created by a deed OF lease bear
ing date on August z. 1901, made W
" off Summit Coal Company 10 y. - /
Solon, and Z. T. LoRFery, OF record II /
said office in Deed Book No. II IS page
sos. and which Ieasehold estate and
the estate in and BY said deed o. !
lease SO created as AFORESAID, Wefs
by said Scion and Iowery conveyed
20 The SoIon-Lsowery Coal Company
py deed bearing date on December Il,
1901, OF record in said ONCE In Deed
Book No. 1Zs, page 1Su. and Mnicn
leasehold estate was thereafter 2y
deed bearing date on May s, 1904, or
record In said office in Deed Book No.
AZ, page la. conveyed by SAID 1hs
SCION Lowery Coal Company TO ThoIn-
as j. Q1Sara, together Win the appur-
reuaces TO the said ieasehOld estate ~
anywise belonging or pertaining.
4. All or the residue of the term in
of and to a certain 1easehOlo estate IN
OF rpoT and to all OF the coal in, upon
and Underlying a tract of land OF 2O-6
acres, aging and being on the waters
of said Limestone Creek. in the Dis
trict. County and State aforesaid. and
adjoining the tract of land described
L in the paragraph next preceding, which
said ieasehold estate was created by q
deed OF lease bearing date on March
lIS 1894, made by said The WOLF SUM
init Coal, Company to said The SCION
| I,owery Coal Company, of record in
said office in Deed Book No. LAP, page
40 and which said leasehold estate
land the, estate therein and thereb.
orea ed wa 8 therea eter conveyed @-bS.
! said The Solon-Lowery Coal Company
Ito said Thomas j. O'Gara by deco
| bearing date on May s, 1904. of record
! In SAID office In; Deed Book NO. 44&s
mage l44 together with the 2ppur-
itanances 10 the said leasehold estate
/ in anywise belonging or pertaining ,
| 5. That certain mining plant ana
equipment including miners houses
storts room blacksmith shop, engine
| house and equipment, and tipple and
Etipple machinery, equipment and
connections, mine cars, tracks ana all
! other equipment, machinery houses,
| structures, fixtures, furniture oGftce
and mine supplies and InateIlals' az !
live stock, and all other property and
| assets excepting only accounts recelN-
liable and cash in bank, forming part
/ Of and used in connection with. ana
i Jenkins. commonly called the O'Gara
local Mining plant, near Fteyrpol dsvllI e'
| as the same were by deed of the Sth
i day OF October, 1912, from Thomas
/ +. O'Gara sold, transferred, set over
and assigned to said Jenkins.
| s. All the right, title and interest,
conveyed by said jenkins to said trus-
tee, in and TO certain railroad SWl0cheS
or sidings: extending from the main
lime OF the Baltimore & Ohio RailroaG
| at a point near said O'Gara Coal Mine
lproperty, to q. point about one-halt
/ 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 easement.
privileges, franchises, rights, title and
Interest conveyed by said. jenkins 70
Ieaid trustee in, to and unoer Two GER
tain agreements in writing, made oy
land between said The Solon-LoWery
local Company and Phoenix Coal Min
ling s. Coke Company, each bearing
Isdate on April 16, 1904, of record re-
Esnep ctiVelyi in said office in Deed BOOK
lNo. 40, page $40, and Deed Book
No. 142. page 149.
i q. All rights or recovery. conveyed
| by said jenkins TO said trustee. from
The Wolf Summit Coal Company OF
1.-THE royalties and rentals advanced and
ipaId by said O'Gara, or any one for
/ him during the then last two mini
4 mum years, OF which might be paid
during the then curren nafntMIgm
lunoer the minimum clauses or other
lterms of said original deed or lease
bearing date as aforesaid on the Ith
day of August, 1901, or any mo difica-
between the coal actually mined and
rem owed in any OF said years and the
i minimum, toxalty 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
all the remedies prescribed In and by
said original deed Of lease, or any
mod1ication thereof, for the next two
years after such payment for such de-
Efficiency for any one year without id
dfttonal payment therefor.
s. All OF the then uneNpired term
and all 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
the pr0tectioTi OF the property herein
described, or any part thereof.
9. Each and every interest, right,
title. estate, easement, franchise,
claim. demand and property aequtr-
led by said Jenkins under; a. certain
tober, 1912, from Thomas j. O'Cara
and Mary A. O'Gara, his wife, TO said
Jenkins.
Reference is hereby made to said
deed of trust and all of the above mem
toned deeds for greater particularly.
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-
thorized and permitted to, become the
purchaser at such sale, and amy own
er of notes secured by said deed OF
trust may become such purchaser, and
turn In use and apply, in making pay
ment of the purchase money by or for
him hidden upon stlch-sale. any OF the |
notes secured thereby. reckoning such