The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-11-20
LEGAL

/ renhsy wants and mssury. OHIO. ana AZ
! .' loun MiHHoufi whereby said Nan.
/ condition ana after he fuii pureh5se pflse
/ iherefyt was paid. ia sell -nd f'-n-fe. -
snid hay state Refining company one
T hundred t0ot steel uuderframe tank care
more pafticnlarly deacribcd ~ fpliors
Seventy five $3.50 gallon capacity steel
4ud"tHane tank cars lettored nay state
Refining company. Boston Maassehu.
Frih Hraidt0u. oklahoma and initiated
And numbered ~ n n x sol To- s7s both
T Car company. owner ana twenty i've
| 70 $50 gallon capacity steel underirsme
company. Boston. Massa ehusstts IfsaJd-
,on tNlnhoma. and initiated and marked
and marhed standard Tank ca con, CON.
Ana ~bsrsss there wss delivered BY
/ p"saeasiou a. said nay Etaie Refining
: g"i'Fa"t ande, the terms Of satd contract
/ above, sui initiated and mum berrd ss fol
/ lows seventy five tank cars $3.50 Eal
lons CapgclL initiated y y. and
twenty three tank ests. $50 gallons 60
paciy, initiated - D. n X .nd mum
Ana whereas such conditional sale con
tract vss duly filed ana recorded In the
ntnce ~ tho Secretary u siatr pf OhiA.
in Pubiic sstsise RECORD IL pSgs page ia. and md
vas alsu filed and recorded iu the office
nf the Registrar ~ Deeds. that Is. In the
/ COUNTY oEishoms on June 70. 1880 Misc.
Ana whereas that BY tho terms ana
conditions ot sHid contract the nay state
helnlng company hEfr"d tu pay 20 the
[ purchase price ~ said tank cars The SUN
/ ~ lo8.i2b go cash. and niao tts1 go "a
ln equal monthly installmentB thereafter
. ~ tt.sss2s evidenced by tnifty-sis SER
tain promlsHory notes of even date with
said contract and the firsi uf said notes
maturing on June ~. ip20. and one Of
/ At Fm n.g %
rach succeeding month thereafter until.
ana Including May H. 1879.
Aud whereas, II ~ In said contract 81
prs-sly suguiated and agreed that the
tuo 60 and ownership NJ said cars and
property shall b." and remain n tho yen.
dnr. ila successorE and assigns until All
the PURCHASE muncJ tor said cars has
noon fully paid, and all the obligations
herein Imposed upon the vcnde" have
been fuzzy discharged notwithstanding
the delivery ~ the possession Of the said
oars and equipment or any part thereof,
ant that unless such payment aud fulfiil
ment of said obnEations no title thereto
shall pass to OF vest in u. v~ni-e. and
tho vcude0 covenants and agrees 20 do
an things nocnteHry 10 perfect and main.
tain such retention ot title in tho vendor.
., Ana whereas. u Is ~ ssid contract fur
ihcr "enpreH7ly agreed that In the event de-
fault ia made in the payment ~ any one
Of said notes or VI any indebtedness from
the Ncndce to Vie Vendor arising here
under. then In any such event each and
eyery Of said mites shall thereupou be
come duo and payable whether due and
And whsreHs. u 10 In said contrach pro
vided that IN case default be made IN
the payment ~ and when due of ony ono
Or more of said notes. or In case of de.
tauit by said Nsudre, It's HuccesHors or
assigns. IN the dilchafge Of any obligation
herein upon ~ Imposed. the tiEht Of the
Nendce 10 the possession or control Of any
Of said cars and 20 receive or collect any
mileage earnings due or TO become duo
thereon shall at once cease and determine
and said Vendce shall, at its own cost and
"Sponsu, upon tho demand OF said Ven
dor deliver each and every of said cars
to SAID Vendor. at such place or places
as said Vendor may direct and IN such
event said Vendor. its successors or as
sigma shaii have tho right az It's or thei-
option by It's or their agents employees
or attorneys to take immediate and ex-
elusive pOsssssion of and remove any or all
Of said cars which may hav. been de-
iivsrsd 10 said Nendee herein, and for
that purpose may pursue each ana every
ana may for that purpose enter upon
the premises Of said Nendeo, Its success
aors or assigns. said Vendee, for itself
its Hurcessors or assgns hereby agreeing
TO furnish 10 tho Vendor. its successors
orrsssisns, all the facilities and assistance
Ia the recovery OF said cars which said
Vendor may require and said Vendor
shall have the right TO sell said ears at
punuc or private sale, with or without
lots, at such place or places and on such
t-rr'- a. may deem advisabies and
So olecp become purchaser OF said
cars. And In case OF such default Rs
Aforesaid. ali mileage earnings of ssid
cars and each of them which at tho
which shall thereafter become due shall
thereupon' he and become payable to the
Vendor, and shall be applied to the pay
mont of said notes then due and payable.
or theresfler becoming due and payabie,
or to the payment or any other indebted
said Vendor, upon such Grrault said Ven
dee shall forthwith potlfy the parties
from whom such mileage earnings are
tn said Vendor. but such notice shall not
be necessary In order 10 enable the Vendor
20 collect or receive such earnings In case
Of such default. Ana to facilitate the
Nrnlor in tho event Of such default, IN
payment 10 n Of said mileage earnings.
said Vendor hereby appoints irrevoCably
said Nendee its agent and attorney In
fact, and hereby authorizes said Vendor
as such agent and attorney In tact Of said
kendce, ana IN the name OF tne Nendee, to
give such instructions snd directions, yer.
the Vendor may be desirable aud neces-
aary Go enable the Vendor to obtain !
~ such mileage earnings Thg rene
dies herein created in favor of the Ven
dor. shah not be deemed exclusive. but
shall be deemed cumulative and IN add !
ton TO any aud all other remedies. eH-
lsting at law or In equity. upon the part !
OF said Vendor"
Aud whereas, under date Of the first
day of May, 1880 the said standard Tank
Car company sold, assigned and trans
Pennsylvania corporAtion, as Trustee, each
and all Of said notes above mentioned and
the said contract between the said stan
derd Tank Car company and sthe bay
state Refining company, and the title to
each agd all ot the said tank cars therein
aud above described, and whereas said
assignment 10 Fidelity Trust company
was duly tl-d and recorded on July I
1870 IN the office OF the Secretary Of
state of Oklahoma at Oklahoma Guy In
said state. and was duly filed anu re-
corded In the office OF the Registrar ot
Deeds. thsi is, thr nffics % tbs County
Clerk ofFarter County, Oklahoma, At Ard
more on the gard day Of July. 1870
Ana whereas. the said nay state RE-
flniuE company made default in tho pay
msut ot the said notes described In said
contract, aud above referred To- In tho
sum each OF kL,tsS 3s, and falling due on
December - 1880, February a. 1871
March -, ls2i April ~ 1871, May ~.
taai johe -. 1891, July t. 1871. August
~ 1891 september ~, 1891.
And whereas. an Of the said notes
mentioned in said contract are now under
tho terms " said contract due and un.
paid
And whereas after default IN payment
Of said notes falling due December ~
1870 February - 1871. March ~ 1871
AprN it. ls2l, an6 May ~, 1874. Fidelity
Trust Company, as Trustee, took into It's
possession under said contract and on
account ~ such default, ten (Ol OF said
cars ard thcreupon initiated and mum
herci such cars and the remaining eighty
etEht ears In the physical posScas,nn of
The said nay state Refining Company s,