Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1916-02-04

tne payHcnt VI Inc coSIS OF This N
and toward the costs and disbnr
ments of this suit and the payms
of such judgment and decree as m
be made herein in favor of the pls; X
tiffs, including attorneys fees i
the balance, if any, paid into CON
for the benefit of whomsoeyer H. IL
be decreed by the court to be entil,
thereto.
3. That if the said unsold lam,
when sold pursuant to the decree /
this court, shall not sell for enous
to pay the claims Of the plaintis
herein in full, as shall be provided h
decree Of this court, that in M
event, the interests of the Defends
and all of them, as benefciaries' |
otherwise, in the contracts for the n
of lands covered by the said I'M,
agreement which have been herl
fore contracted to be sold by the ~
Title & Trust Company, defends,
and which contracts of sale are M
standing, and any other rights or n
terest of the defendants, or any I.
them, except the Title & Trust fms
pany, in the said trust agreement NJ
the property covered thereby, be NJ
in a manner provided by law for 1;
sale Of such property, under exe12
ton, and the proceeds Of said sale 4
applied as follows, to-wit: The N
ment of the balance of the plaintI3
judgment and decree as shall be y
tered herein, and the balance, il az.
paid into the court for the benefit y'
whomsoever shall be decreed by a.3
court to be entitled thereto, said NJ.
tracts being described as follows NJ
wit: Contracts Of sale made by M,
& Trust Company, defendant, CON-.
ing the property and running to 4,
purchaser and bearing the date "
having the amount due thereon :'
each contract respectively, as folio
Description, Lot eighteen (1S); d IA
chaser, A. HI. bennett; date, Juyda
1911; amount unpaid, $369.57. "
Description, South half (S1s) IT'D
lot twenty-three (23) Gas herein "a
fore more specifically described) N I
chaser, A. H. bennett, date, Noviss
ber IA, 1911, amount unpaid, $3.50 we
Description, Lot fifteen (15); Aes
chaser, G. A. Grabb; date, Novemh
IA, 1911, amount unpaid, $29S.OO er.
Description, South half (Sh Ella
lot sixteen (16); purchaser, We'll
Mcknight, date, May l, 1912; ana wei
unpaid, $138.56, W.
Description, West half (W,h S
ot fourteen (14); purchaser, Jsu.
B. Grabb; date, January II, IA on
unpaid, $469.51. Se,
Description, Lot three (3); 4,
,haser, H. P. Hough; date, Decenl & y Z,
Is, 1913; amount unpaid, $S55Sfls q
Description, North half (N.h, i
OF sixteen (16); purchaser, D. III
Revere; date, January Is, If
mount unpaid, $195.O3. n 4
And plaintiffs pray that said ayn|
'ree shall provide that the sale Of Sd)
interests in the IS 3
ands contracted to be sold, shal stjk
ect only the equity of the benefard
es therein, and the purchasers Of II N
contracted lands at such forecldFV&
ale shall be merely subrogated u 5n&
lights of the benefciaries of the III 4
rust agreement in said contrf a X
ands, and that said foreclosure q n
lot in any wise affect the right Z u,
owers of said Title & Trust CONF >
o continue to perform its said
racts of sale and receive the de1e !
hase price therein specified, the y
haser at such foreclosure sale hnG
eive from said Title & Trust e{j !
any such portions of the pro- };
rising from said contracts Of eo ht
S the payees and benefciaries 3 Be
he trust agreement would havfe NJ
eived if there had been no fors q
re. nI<ki'
4. That the contracts entered
y and between the Title 4 f1 ST
ompany, defendant, and 7. l. E1G A
yre, Walter A. Bandimere, Hs er
alester, Margaret Cohen. Co{ ht
'aughn and Z. J. Carlson, hd
lared to be null and void and q i
feet and the lands covered lnl|
aid contracts respectively, be dtzIl
/ to have reverted to the i IRE
rust Company, freed from any tae
tie or interest therein or therar3 be,
ny Of the said defendants last IS fhl
amed, by virtue of the contrae Y Sai
,red into by the said Title 4 lafIas,
with said defendants sier b
.ferred to, and the said lands ufo1pob
ared to be held by the said 81 zee
rust Company as unsold land anC
lant to the terms of the sad y A.
and that the same laf(> nde
hereinbefore prayed for. nrC
3. That the defendants heref4V Ba
lch and all of them, except innd hu
Trust Company, and all euf Pr
aiming under them, or ane1 da
lem, be decreed to have 10 hit.
tie or interest in and to tnn Hi
: property covered by ssi''s Fri
herein set forth, 'nld
lrred and foreclosed of al p OF
ght or equity of redemptio1 'rtle
i'd premises and every part gr
icept the statutory right Of Irin
on in and to the real prop
eed to be sold under exeeui o.
at any party to this suit Ter
me a purchaser at said |for
at the nurehaser he LET Inio 7