The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-07-13

Z II TeCOVu IN S1lQ OLIlCe III OeeQ
I. No. l2s, page 1870. and which
deed bearing date on May 6, 1904, OF
record In said Office In Deed Book No.
l42. page IA. conveyed by said The
Solon-Lowery Co3l Company to Thorn
IS ]. ofGarG, together with the appur-
tenaces to stte said leasehold estate In
anywtse belonging or pertaining.
4. Al OF the residue OF the term IN,
Of and to certain leasehoid estate in.
OF, upon and to all Of the coal In. upon
and underlying a tract OF land of eos
acres, lying and being on the waters
Of said Limestone Greek. IA the Dis
trict, County and State aforesaid. and
djoining 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. 1901, made by said The Wolf Sum
init Coal Company to said The Soloa-
Lowery Coal Company, of record In
said office In Deed Book No. 142, page
40, and which said leasehold estate
and the estate therein and thereby
created. was therea4ter conveyed BY
said The Solon-Lowery Coal Company
to said Thomas j. O'Gara by deed
bearing date ON May 8, 1904, Of record
In said office In Deed Book No. 142,
page 144. together with the appur-
tenances to the said leasehold estate
In anyvise belonging or pertaining.
5. That certain mining 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-
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 Reynoldsyille,
as the same were by deed OF the Stfi
day of October. 1919, from Thomas
]. o'Gara sold, transferred, set over
and assigned to said Jenkins
s. ALL the right, lite and interest
conveyed by said jenkins to said tris.
tee. In and to certain railroad switches
or sidtngs; extending from the main
line OF the Baltimore & Ohio Railroau
ct q point near said o'Gara Coal Mine
property. to a point about one-halt
mlie above the tipple thereof, and In
and to the rights Of way on which
the said stdings were at the date oi
said deed of trust, and ali easements,
privileges, franchises. rights, title and
interest conveyed by said jenkins I'd
said trustee in, to and under two cer-
tain agreements In writing. made ii
and between said The Solon-L owery
Coal Company and Phoenix Coal Min.
Ing & Coke Company, each bearine
date on April 10, 1904, of record re-.
spepcttvely in said office Id Deed Book
No. 14g. page $40, and Deed Bool
No. 142. page 14s.
4. All rights or recovery. convened
ny said jenkins to said trustee. from
The Wolf Summit Coal Company ~
the royalties and rentals advanced and
paid by said O'Gara, 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 mtnimum clauses or other
terms OF said original deed or lease
bearing date as Aforesaid on the 7th
day OF August, 1901, or any modifica-
tion made thereof, Tor the deficiency
between the coal actually mined and
removed in 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
all the remedies prescribed IN and by
said original deed of lease. or any
modification thereof, Tor the next two
years after such payment for such de-
ticiency for any one year without ad-
o1tlOnal payment therNfnr
3. All OF the then unexpired term
and al of the right, title and inter-
est conveyed by said jenkins to said
trustee. in and to any liability, acct
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.
y. Each and every interest right,
title. estdte, easement franchise
claim, demand and property acouir.
ed by said jenkins ,nder a certain
deed bearing date tie Sth day OF DC.
tober, 1912, from Thomas j. O'Gara
and Mary A. o'Gara. els wife. to, said
Jenkinl. ~
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 Nine prop
erty.
Reference Is hereby made to said
deed of trust and all of the above mem
toned deeds for greater particularly,
TERMS OF SAltE,-Sadd sale win be
made tor cash at time OF sale, and not