Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-12-31

VI Piaiutlus mortgage; be sold IN Z
manner provided by law, and the pro-
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 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 in that
event, the interests of the defendants
and all OF them, as benefciaries, 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 & 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 (18) pur-
chaser, A. H. bennett; date, July 5,
1911; amount unpaid, $369.57.
Description South half (S1a) of
lot twenty-three (23) (as hereinbe-
fore more specifically described) pur-
chaser, A. Fl. 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, $298.00.
Description, South half (S1a) Of
lot sixteen (16); purchaser, W. L.
date, May l, 1912; amount
unpaid, $13S.56,
Description, West half (W,H) Of
lot fourteen (14); purchaser, Jessie
B. Grabb; date, January IL, 1913;
unpaid, $469.51.
Description, Lot three (3); pur-
chaser, H. P. Hough; date, December
l5, 1913; amount unpaid, $855.36.
Description, North half (N.1a) of
lot sixteen (16); purchaser, d. G..
Revere; date, January Is, 1914;
amount unpaid, $19503.
And plaintiffs pray that said de-
cree shall provide that the sale of the
interests in the said
ands contracted to be sold, shall af-
'ect only the equity of the benefciar-
es therein, and the purchasers Of said
contracted lands at such foreclosure
ale shall be merely subrogated to the
lights Of the benefciaries Of The said
rust agreement in said contracted
ands, and that said foreclosure shall
lot in any wise affect thefrights and
powers of said Title & Tr6st Company
% 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
lrising from said contracts of sale
IS the payees and benefciaries under
he trust agreement would have re-
eived if there had been no foreclos-
Ire.
4. That the contracts entered into
" and between the Title & Trust
company, defendant, and T. L. McIn-
yre, Walter A. Bandimere, Herman
'alester, Margaret Cohen, C. B.
Vaughn and E. J. Carlson, be de-
Jared to be null and void and of no
fleet and the lands covered by the
aid contracts respectively, be declar-
d to have reverted to the Title &
rust Company, freed from any right,
tile or interest therein or thereto by
ny of the said defendants last above
amed, by virtue of the contracts en-
cred into by the said Title & Trust
company 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, pur-
uant to the terms of the said trust
greement, and that the same be sold
$ hereinbefore prayed for.
8. That the defendants herein, and
ach and all of them, except the Title.
Trust Company, and all persons
laiming under them, or either of
hem, be decreed to have no right.
tile or interest in and to the lands
r property covered by said trust
greement herein set forth, and be :
aired and foreclosed of all estate,
ght or equity of redemption in the
nd premises and every part thereof,
xcept the statutory right Of redemp-
on in and to the real property de-
reed to be sold under execution, and
nat any party to this suit may be-
,me a purchaser at said sale, and
,at Az L l. : ~