Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-12-21

scribed as being covered by the liel
of plaintiffs mortgage, be sold in
manner provided by law, and the pro
ceeds of said sale be applied towar'
the payment of the, costs of this sal'
and toward the costs and dlsburse
ments of this suit and the payment
of such Judgment and decree as shall
be made herein in favor of the PLAN,
tiffs, including attorneys fees, and
the balance, if any, paid into eourl
for the benefit Of whomsoever shall
be decreed by the court to be entitled
thereto.
3. That if the said unsold lands,
when sold pursuant to the decree OF
this court, shall not sell for enough
to pay the claims of the plaintiffs
herein in full, as shall be provided by
decree of this court, that III that
event. the interests Of the defendants
and all of them, as beneticiarles, or
otherwise, in the contracts for the sale
of lands covered by the said trust
agreement which have been hereto
fore contracted to be sold by the said
Title & Trust Company, defendant,
and which contracts of sale are out
standing, and any other rights or IN.
terest of the defendants, or any or
them, except the Title & Trust Com
pany, in the said trust agreement and
the property covered thereby, be sold
in manner provided by law for the
sale of such property, under execu-
ton and the proceeds OF said sale be
applied as follows, to-wit: The pay
ment of the balance Of the plaintiffs
Judgment and decree as shall be en-
tered herein, and the balance, if any,
paid into the court for the benefit of
whomsoever shall be decreed by the
court to be entitled thereto, said con-
trac being described as follows, to-
wit: Contracts Of sale made by Title
& Trust Company, defendant, cover
ing the property and running to the
purchaser and bearing the date and
having the amount due thereon for
each contract respectively, as follows:
Description, Lot eighteen (lS) pur-
chaser, A. H. bennett; date, July 5,
1911; amount unpaid, $360.57.
Description, South half (S12) of
lot twenty-three (23) las hereinbe-
fore more specifically described) pur-
chaser, A. H. bennett, date, Novem-
ber IA, 1911, amount unpaid, $3.50.
Description, Lot fifteen (15); pur-
chaser, G. A. Grabb; date, November,
IA, 1911, amount unpaid, $29S.OO.
Description, South half (S12) of
lot sixteen 16); purchaser, w. l.. |
Mcknight, date, May l, 1912; amount
$l3S56,
Description, West half (W,12) of |
lot fourteen (l4); purchaser, Jessie
B. Grabb; date, January II, 1913;
amount unpaid, $469.51.
Description, Lot three (3); pur-
chaser, H. P. Hough; date, December
Is, 1913; amount unpaid, $S55.36.
Description, North half (N.12) of
lot sixteen (16); purchaser, D. G.
Revere; date, January 10, 1914;
amount unpaid, $195.O3.
And plaintiffs pray that said de-
cree shall provide that the sale of the
beneficiaries interests in the said
ands contracted to be sold, shall af-
feet only the equity of the beneiciar-
es therein, and the purchasers of said
contracted lands at such foreclosure
'ale shall be merely subrogated to the
lights Of the benehciaries of the said
rust agreement in said contracted
ands, and that said foreclosure shall
lot I'm any wise affect the rights and
lowers of said Title & Trust Compan,
o continue to perform its said con-
ractS of sale and receive the pur
hase price therein specified, the pur-
haser at such foreclosure sale to re-
eive from said Title & Trust Com
'any such portions of the proceeds
lrlsing from said contracts of sale
IS the payees and benefciariesf under
he trust agreement would have re-
elved If there had been no foreclos-
Ire.
1. That the contracts entered into
y and between the Title & Trust
'ompany, defendant, and T. l.. McIn-
yre, Walter A. Bandimefe, Herman
'alester, Margaret Cohen, c. X.
aughn and 4. }. Carlson. be de,
Jared to be null and void and of no
fleet and the lands covered bv the
and contracts respectively, be declar-
q to have reverted to the Title &
rust Company, freed from any right.
tile or interest therein or thereto nv
ny OF the said defendants last above
amed, by virtue of the contracts en-
cred into by the said Title & Trust
.ompany with said defendants above
eferred to, and the said lands be de-
Jared to be held by the said Title & :.
rust Company as unsold lands. psr.
uant TO the terms of the said trust
greement, and that the same be solo
herelnbefore prayed for.
.. That the defendants herein and
ach and all of them, except the Title
trust Company, and all persons
lalmlng under them, or either of
hem be deereed to have no right,
Tile or interest in and to the lands
property covered by said trust
sreement herein set forth. and be
aired and fOreelosed of all estate
g1t or equity of redemption in the
lld premises and every part thereof
Neept the statutory right of radonn