Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1916-01-04

5 scribed as being covered by the lien
| Of plaintiffs mortgage, be sold in q
| 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-
tion, 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. FL. bennett; date, July 5,
1911; amount unpaid, $369.57.
Description, South half (S1s) of
lot twenty-three (23) Gas hereinbe-
fore more specifically described) pur-
chaser, A. HI. 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.00.
Description, South half (S1a) Of
lot sixteen (16); purchaser, w. L.
date, May l, 1912; amount
unpaid, $13856,
Description, West half (W,H) of
ot fourteen (14); purchaser, Jessie
3. Grabb; date, January IL, 1913;
mount unpaid, $469.51.
Description, Lot three (3); pur-
'haser, I'll. P. Hough; date, December
Is, 1913; amount unpaid, $855.36.
Description, North half (N.R) Of
OF sixteen (16); purchaser, d. G.
levere; date, January Is, 1914;
mount unpaid, $195.03
And plaintiffs pray that said de-
rec shall provide that the sale of the
interests in the said
ands contracted to be sold, shall af-
ect only the equity of the beneficiar-
IS therein, and the purchasers of said
ontracted 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
ot i'm any wise affect the rights and
overs Of said Title & Trust Company
0 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
rising from said contracts of sale
S the payees and benefciaries under
ne trust agreement would have re-
eived if there had been no foreclos-
re.
4. That the contracts entered into
y and between the Title & Trust
ompany, defendant, and 7. l.. McIn-
1re, Walter A. Bandimere, Herman
alester, Margaret Cohen, C. B.
aughn and L. j. Carlson, be de-
ared to be null and void and of no
feet and the lands covered by the
nd contracts respectively, be declar-
| to have reverted to the Title &
rust Company, freed from any right,
tie or interest therein or thereto by
ly of the said defendants last above
lmed, by virtue of the contracts en-
red into by the said Title g. Trust
ompany with said defendants above
ferred to, and the said lands be de-
ared to be held by the said Title &
'ust Company as unsold lands, pur-
ant to the terms of the said trust
and that the same be sold
hereinbefore prayed for.
5. That the defendants herein, and
ch and all Of them, except the Title
Trust Company, and all persons
aiming under them, or either of
EN-, be decreed to have no right,
lie or interest in and to the lands
property covered by said trust
reement herein set forth, and be
rred and foreclosed of all estate,
yht or equity Of redemption in the
id premises and every part thereof,
cept the statutory right of redemp-
m in and to the real property de-
4 4 Il 4