Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-12-28

/ OF plalnClHS mortgages po soo -
| manner provided by law, and the pro,
j ceeds of said sale be applied toward
: the payment of the costs OF this sale
, and toward the costs and disburse-
, ments of this suit and the payment
of such Judgment and decree as shall
be made herein in favor of the PLAIN
|; tiffs, including attorneys fees, and
the balance, if any, paid into court
for the benefit Of whomsoever shall
be decroed 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 in that
event. the interests of the defendants
and all of them, as beneficiaries, 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 OF
them, except the Title e. 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-
tracts 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. Fl. bennett; date, July 5,
1911; amount unpaid, $36957.
Description, South half (S12) of
lot twenty-three (23) (as hereinbe-
fore more specifically described); pur-
chaser, A. H. bennett, date, Novem-
Der II, 1911, amount unpaid, $3.50.
Description, Lot fifteen (15); pur-
chaser, G. A. Grabb; date, November,
IA, 1911, amount unpaid, $29S.0O.
Description, South half (S12) of
lot sixteen Q6); purchaser, w. L.
Mcknight, date, May l, 1912; amount
unpaid, $13S.56,
Description, West half (W,12) of
lot fourteen (14); purchaser, Jessie
B. Grabb; date, January II, 1913;
amount unpaid, $460.51.
Description, Lot three (3); pur-
chaser, H. p. Hough; date, December
Is, 1913; amount unpaid, $855.36.
Description, North half (N.1a) of
lot sixteen (16); purchaser, D. G.
Revere; date, January Is, 1914;
amount unpaid, $195.03.
And plaintiffs pray that said de-
cree shall provide that the sale of the
beneiciaries interests in the said
lands contracted to be sold, shall af-
feet only the equity of the beneficiar-
les therein, and the purchasers of said
contracted lands at such foreclosure
sale shall be merely subrogated to the
rights of the benefciaries of the said
trust agreement in said contracted
lands, and that said foreclosure shall
not in any wise affect the rights and
powers Of said Title e. Trust Company
to continue to perform its said con-
tracts Of sale and receive the pur.
chase price therein specified, the pur-
chaser at such foreclosure sale to re-
ceive from said Title & Trust Com
pany such portions of the proceeds
arising from said contracts of sale
as the payees and benefciaries under
the trust agreement would have re-
celyed II there had been no foreclos-
ure.
4. That the contracts entered into
by and between the Title & Trust
Company, defendant, and Z. L. McIn-
tyre, Walter A. Bandimere. Herman
Palester, Margaret Cohen, C. B.
Vaughn and L. J. Carlson, be de-
clared to be null and void and of no
effect and the lands covered by the
sad contracts respectively, be declar-
ed to have reverted to the Title s.
Trust Company, freed from any right,
title or interest therein or thereto by
any OF the said defendants last above
named, by virtue of the contracts en-
Tered into by the said Title & Trust
company with said defendants above
referred to, and the said lands be de-
cialed to be held by the said Title a.
Trust Company as unsold lands. pur-
suant to the terms of the said trust
agreement, and that the same be sold
as hereinbefore prayed for.
.. That the defendants herein. and
each and all of them, except the Title
q Trust Company, and all persons
claiming under them, or either of
them, be decreed to have no right.
title or interest in and to the lands
or property covered by said trust
agreement herein set forth. and he
barred and foreclosed of all estate.
night or equity of redemption in tbe
sald premises and every part thereof.
except the statutory right of redemn,
uOn In and fo tha raal ,,......-