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33III THE DISTRICT COURT OF.
THE UNITED STATES IN ANDFOK 'iilE EASTERN DISTRICT
.
RENTUGKY RIVERKentucky River Coal Corporation,
PlaintiffVs. Notice of Sale of the Assets
and Properties of RockhouseLorl Company byMandt, Receivers.
No. 569 in EquityRockhouse Coal Company,Amalgamated Coal Corp., Et Al,
Defendants.1. to judgment and or--! creek with'the line said insurance company or companies
of sale made and entered the tract and H. to said receiver, such an-- bove mentioned court on the 23rd'day of 1929, in thestyled action pending in said court'
. . I
at Lexington, Kentucky, (whichjudgment and order of sale is herebyreferred to and made a part hereofas fullv as if copied herein) theundersigned Wm. F. Mandt, as Re--
ceiver of the defendant. RockhouseCoal Company, will sell at publicauction to the highest and best bid- -
der or bidders on the 25th day of,October, 1929, at" or about the hourof 11 o'clock A. M., (Central time)of said date in the City of Whites-- 1
burg, Kentucky, at the front door ofof the. courthouse Letcher countyin said city and state, the followingproperties and assets of the Rockhouse Coal Company in said judg-
ment and order of sale described andtherein directed to be sold, free (1)of all liens of the plaintiff in theabove action, and (2) free and clearof all rights, interests, liens andclaims of the defendant, RockhouseCoal Company, and of its stockholders .and creditors, and of the Amal-
gamated Coal Corporation and of iUReceivers, and of the .Liberty Na-
tional Bank and Trust Company asTrustee, and of the Phoenix Nation-
al Bank and Trust Company of Lex-
ington, Kentucky, (now First Na-
tional Bank and Trus Company);and (3) of any and all other personsfirms and corporations to the aboveaction and litigation; and (4)each and all persons, firms, credi-
tors and corporations, as shall be-
come or be made parties to the aboveaction; and (5) of each and all per-
sons, firms and corporations claiming-- , by through or under any of theabove mentioned parties, creditors,stockholders, firms and corporations;and all of said and assetsof said Rockhouse Coal Companyhereinafter described, will be soldfree from all rights, claims, titlesand interests and right of equity orright of redemption of said Rockhouse Coal Company, and upon theterms and conditions and in the manner herinafter set out, to-w- it:
a ah nf tfeat loas and leaseholdcstate of said defendant, Rockhouse!-- i n ; tn tin rprJtain tracts coal mining lands con- -'
t'ninincr approximately one thousand (1,000) acres, more or less, sit-
uated, lying and being in the countynr t nxAv.AH xl C(.tA svf TTnmHiMrv
and more particularly described asfollows,, to-w- it:
BEGINNING at a stake at thejunction of Hampton Branch andCrace Branch, about 516 feet fromthe mouth of Branch,thence un Crace Branch as it meanders, N 5 00 E 353.7 feet to stakethence N 14 00 W ,153.0 feet to stake-- t the mouth . Dry House hollow;'hence up Dry House hollow, as itmeanders N 31 30 W 225.9 feet tostake; N 2 00"E 221.8 feet to stake;N 3 45 W 2G9.4 feet to stake; N 4
15 W 2G9.4 feet to stake; N 2 55 W2G8.6 feet to stake; N 1 25 E 217.7
feet "to stake; N 18 00 E 148.7 feetto a stake at junction of upper forksof said Dry House hollow branch;thence up point between said forks,N 15 W 257.6 feet to stake; thenceN.:3 15 W 135.2 feet to cross onrock; thence N 27 W 137.6 feet tostake about center of right of way ofKentucky and West Virginia PowerCompany; thence in a straight lineN 31 00 W 3446.7 feet to a stakeon the right bank of chestnut flatbranch, witnessed by buckeye, maplennd huekeve stumpi about 200 feetdown the branch from where theproperty line Detween MclntyreHeirs and Wilburn Dixon crosses thesaid branch thence down said chest-
nut flat branch as it meanders to
Elk Creek; thence down Elk" Creek tothe' line between John Dixon Heirsand Wilburn Dixon; thence leaving
Elk Creek and going up the hill with
the said property line to the outcrop
of the No 4 seam coal; thencewith said outcrop line to the propertylin.e between Wilburn Dixon andNancy Back; thence with said prop-
erty line down the hill to the centerof Elk Creek; thence, with said ElkCreek as it meanders to the line of
the Irvin Back mineral deed; thenceoAth the linps of same down Elkcreek as it meanders to the line of
the Irvin Back mineral deed; thencewith the lines of same down ElkCreek and continuing down Elk Creekx i:no nf the Henrv Dixon feetl biiV aaw m
tmrt; thence uo the hill with same
to the line of W. J. Caudill mineral
deed; thence with the same to themouth of Elk Creek; thence with
Tin til North Fork of Ken- -"'" "r .
tuckv river to the line of the mineral deed made by John White Sumner
and others; thence with said deed up
the river to the edge of county road,
just below the old William Mclntyre
residence, now the John White Sum-
ner residence; thence continuing
with said deed up the hill to the line
the H. B. Branson fee tract;thenc down the hill with said line tothe line of the J. W. Sumner and
others, mineral deed, thence with the
line of same around western end of
tract, and up Rockhouse Creek toline of small tract now claimed byLydia Jenkins and husband, contain- -
ing about 1-- 4 acre; thence with lineof same around foot of hill to Meet-ing House Branch; thence downMeeting House Branch as it mean-ders with line Susan Whitaker tothe center of the original bed of
said Rockhouse Creek and Susan!Whitaker line to the line of the II.B. Branson fee tract byKentucky River Coal Corporation forright-of-wa- y; thence leaving said
Branson tract northward to a line of
Pursuant a end betweenby Susan Whittaker BJceptablc in
September, 'above'
of
of
properties
of
Hampton's
of
aa
a
i
of
of
of
pucrchased
the Wm. Mclntyre 142.51 acre miri- - building, and on jeach kind of prop-j- of
w3! deed, surface now owned by Benjerty as said receiver may direct, ag- ior. .X Jl H it 1 XA, X X tJcxniyre; inence win me line ue- - gregaung m total amount not .xesstween Susan Whittaker tract andsthan 520,000.00, if such an'Ben Mclntyre tract to Hampton can be obtained, if not, for whatBranch; thence with H a m p ton.arancn to tne place ot beginning,containing approximately 1,000 acres.
Together with the exclusive righpaid, for the benefit-an- d protectionand privilege of. Said Rockhouse Coal, of the receiver and of the creditorsCompany, its successors and assigns,' and stockholders of the Rockhouseof mining, removing and marketing)all the mineable and merchantable!coal in, upon and under said boundry.will be sold upon the further termsUi. lilllU, ill AWUIUaiKC Willi UIC
visions and upon the terms and con- -ditions set out in that certain leaseof said coal mining land made by the'Kentucky River Coal Corporation ofdate July 1, 1919, to said RockhouseCoal Company, recorded in the Letcher County Clerk's office of LetcherCounty, Kentucky, in Lease BooklJpage 453; .and to which said lease .
reference is hereby made for a more!particular description of said landsand of the terms and conditions thereof and of the rights, powers andprivileges granted to said Rock-.tio- ns
by said Ken-- I said money of purchase price of said proper-tuck- y
River Coal bonds" shall become for whichthe rights, remedies and reservations:and liens made in 'according to its the
River payment thereof, incorporation; and
all right, andjthe thereof mayof said defendant, Rockhouse
Company, in and vto all otbuildings and their contents, and allmachinery, materials, equip-rase- r,
ment, plants, structures, tipples, sidings, spur tracks, switchings, hoists,mine cars, railroad tracks, and allmine trolleys, mine pumps, miningmachines, mine locomotives, motorgenerators, aerial tram system, allelectrical machinery, equipment andwiring, all office furniture, fixturesand supplies, and all other .plants,buildings, tenements, miners' houses,and all other equipment, machinery,appliances, tools and supplies locat-
ed upon the above described lands,and composing the plant ofsaid Rockhouse Company locat- -
ed on the above described leased coallands and used and operated a un--
in conducting its coal miningoperations thereon; also one motoron Frigidaire located on the subleased property of theMarion Min-
ing Company; also sixmules andseven horses; and- All of the aboTjp described prop-
erty and assets of defendant,Rockhouse Coal Company, describedin paragraph 1 of this advertisementof sale, will, sold by said receivertogether and as an entirety at saidtime and place, for one-thir- d (1-- 3)
of the purchase price in cash, and thenalnnee of Purchase price oncredits of six, twelve and eignteenmonths for equal installments of
balance the purchase price.interest thereon at the rate of
six percent. (C) per annum, pay-
able semi-annual- ly from date of saleuntil paid; with the privilege tothe purchaser of said properties ofpaying all of said balance of thepurchase price much more than1-- 3 thereof in cash as such purchas- -
or may elect; and in the eventsuch purcaser does not elect to paythe entire purchase price in cash, butto pay only on-thi- rd (1-- 3) morethereof in cash, then the receiver isdirected to take from such purchaser,and he will required to execute tosaid receiver, bonds with good andsufficient thereon, to be ap-
proved, by said court, not only forsaid equal instalments of vsuch bal-
ance of the purchase price not paidin cash, payable to said receiver insix, twelve and eighteen months respectively from date of sale, andbearing interest at. the "rate of sixper cent. (6) per annum, payable
from date of sale untilpaid; also for the faithful com-
pliance with and bysuch purchaser of all the terms andconditions said sale and all thecovenants, agreements and condi-
tions of said lease hereinabove mentioned, to be performed and com- -j
plied with by the lessee therein,its successors and assigns as thereinprovided for, while any part of saidpurchase money and remainsunpaid; and the said bonds are to'
the force and effect of a judg-
ment and are to and be alien upon said properties, addi-
tional security for the paymentthereof ;4 and that said prop-
erties will be sold by said receiverwith the obligation of the purchaserto assume and pay as a part of theconsideration for the said property,and in addition to the sum sumsbid by the purchaser therefor," alltaxes to become due and payable tothe State of Kentucky the Coun-
ty of Letcher of said State in theyear 1930, under and by virtue ofan assessment made of same as ofdate July 1, 1929, including any and.all taxes which, by the terms andprovisions of the lease hereinabovementioned, the lessee therein namedhas obligated itself to assume and
pay, as therein stipulated and
amount
interest
surety
vided for in such lease; and further, J
that said properties will be sold withthe further obligations of the purch-aser that he shall take proper-ties subject to all such taxesassessments liens thereon tosecure the payment thereof; and
said properties will also bs soldwith the further obligation on thepart of purchaser to keep the build--ings improvements, machinery I
equipment, upon said leased propcrty continually insured against lossby fire, in some good and solvent fire
amount or amounts on each kind of
amount can be obtained, while anypart of such purchase price and in-
terest for said property remains urf
Coal Company, their respectiveinterest may appear; said property
1IU CUHUlbiUllS, UlUt Ill CVCUb ouvupurchaser of said properties failsrefuses neglects to pay any oneor more of said bonds at maturity,or to pay at maturity any instal- -ment of interest on any such bondor bonds, or to pay all or part of
taxes when due, or to keep saidproperty so insured, to complywith and perform any of tnoand conditions- - of said lease to be
.performed by the lessee thereinnamed, to comply with and per- -.
form any of the fterms and condiof said sale, then in any such
payable and collectible, as if each
led on the properties sold to secure
closed and said properties sold tosatisfy said bonds and interest andother monies from such purch- -
by said receiver- - or by any in- -terested party, for the benefit of theestate of the defendnt, Rockhouse."Coal Company, and its creditors andstockholders, . upon application tosaid court-- I
will also be sold by said receiver
' theand! ties
matured orCoall'or
B: Also of title payment be fore- -
the
as
unit
2.said
be
such
ofwith
but
or as
or
be
but
of of
as
or
that
as
or
saidor
terms
or
due
notuu. after said of
said of coal j:...lands hereinabove referred to asmade said Kentucky River Coal
said Rockhouse CoalCompany o date July 1 1919 andrecorded the Letcher CountyClerk's office of Letcher County,
X?Zin iase iiook x, page , jrreference is hereby made, out aispwith the lurtner obligation ox tne
to assume 'and fromand after date of sale, when andthe same become due payable,the rents, stip-
ulated in said lease to be,
paid by the lessee therein named,assigns, to the lessor
therein named, its successors as- -. .. , . ,
signs, it me "'provided for m said lease
4. That all of said properties anaassets will also bs sold by said re- -
(except as. . . , 1 - - - ii nnt5pviaea in tnis clause 4 01 ims
sale) free and, clear of all liens otthe plaintiff and of all rights, mtex- -
and claims Tights of'right of of
Rockhous Coal Company of itsstockholders creditors, and ofany and. all parties to the above men- -tioned action; of each andsuch persons, firms andas may become or be made parties tosaid action; and of and per- -
ties,sons, and
tion.
ed future adjudication ofcom, aw hwow l"
J 7.of, the
provisions
.for ud essor,
lease itesucces Ts'to under such lease from
after date of and thereinstipulated paid theRockhouse Coal
said and securethe
after date of saleand of all
aanQ,I ; m,m lpato'
v. a
Issee and its sue- -
cessors assigns.That upon acceptance the'receiver of any bid
bs required.
oepositirceiver the sum
00 cash,checks National or
City orCity Lexington, StateKentucky, payable the order of
receiver; said purchaser will
be required at the same time to INto said receiver the .sum
of not less than ofthe purchase price of said properties
cash or by check orchecks upon such bank or banksfor the amount (1-- 3)
such purchase price; and that no ac-
ceptance such check or checksby said receiver is to be or will op
erate as payment to said receiver forpurpose whatever, unless and
until same are paid, or to release ordischarge such purchaser from thepayment of the amount or amounts
f
for the purpose for whichgiven or from his obligation to com-- !ply with all the terms and conditions
sale such checkchecks are certified.
In case bidder shall fail tomake said deposit the sum of
with said receiver theacceptance his bid, and. shall alsofail at same time to pay to the
receiver, upon the acceptancehis said bid (1-- 3) of thepurchase price of said propertyin cash, or by certified check or
as said re-
ceiver will forthwith then thereoffer such properties again salewithout further notice or
from any claim, rightand interest of any purchaseror bidder.
6. That said deposit said .sumof $2,500.00 so required under saidorder sale to be deposited withsaid receiver by the purchaser saidproperties and assets paid bysuch purchaser to said receiver, willbe held by him subject .ordersof the above mentionedupon confirmation sale, suchdeposit shall be applied on
a credit on the last sale bond upon
terest on said sum of $2,500.00 atsix. per cent. (6) per annum, from
sale to payment of saidsaie bond, provided (1)aser complies with all of the terms
conditions and (2)with all of' the orders of said courtrelating to the payment of the. pur--chase price thereof or the consummation of the sale said property.
7rn any after the
house Coal Company events; each of purchaseCorporation, immediately due, said bid was as
therein favor of' bond had, maturity thereof, other soon-sai- d
lessor, Kentucky their terms; and lien retain-- er together with
the
Coal
tools
miningCoal
such
semi-annual- ly
performance
and
interest
haveremain
further,
and
suchand
and
andand
linefix-ditio- ns
Corporation
purchaseras
royaltiescontract
successors
amounts
ceiver, .hereinafter
equity or redemption
corporations
check
advertise-ment,
saidsale;
acceptance his bid said receiv-j0-fto maKe gooa nis ma, or
and
and
and
moreand
Elk
tree
and
and
oniy its top andof
bvto
in
pay
andand
itsand
and
pro- -
of
and
andand
and all
all
to
due
to
to
the
any
any
theof
andfor'
and
to theand
fails
bU aujr ctuu 1uuiCJ u.of the to.ional the
payment of the purchase ofsaid properties, or the
q or to comany of the terms and con- -
sale, sum$2.5ft0.00 deposited by ac- -
THE
court
part
from
tract
Ken
Fork
corner
bank
taBCe saidlease
taxes
csts, liens
each
with
upon
(1-- 3)
upon
such
such
CUIItJiJsaid court
price
ply withthen said
sucha3 above pr0vided
fa or checkor shall be
saidfailure
will payment way; down withthe said and right-of-wa-y
erties toward making good anyloss, case prop-
erties be sold at a less price at are--oti,er purposes
c(mrt direct. said courtnot such Hand Forkx;0 ,i, madG urVi 00
"?gjj feet
bs w;th W If221'.' N W
L15 N
sons firms corporations ment interest on account meby, under any such par-- purchase-- price thereof, .or
stockholders, per- -' refuses to with any of the
firms and corporations having,' terms conditions of said sale;asserting right, title,' with any and all orders .of said
lien in, to said prop court to the payment of saidthat price to the consumma-an- yerties any part but. purchase
and "all titles, interests of sale, orcompliance with
and liens, any, of any such" any such terms conditionsfirms corporations, in to with any such order orders, un-o- r
upon said property, to attach less time is given by saidto the priorities of which reserv--' court.
for said,
terms
and "rflfoanH ofsaid said coal
served toprotection entucKy
nWwaTndsaid av?""eJo7eca"groyalties1
become
and salelesse,
Company, tliereinto
performance com-
pliancesaid
.tanamed
5. the
to immediatelysaid of
inany
(bank of of Whitesburg,ofto
said
pay further
in
of one-thi- rd of
of any
any
thereof
notwithstanding
of
of
saidone-thi- rd
the
checks aboverequired,
free
of
ofof
court;such
account
date of
of
toof
bidder,
mad?,
said
pf
to consumma- -
of said
for
of of
in
"EWk- -
by
by
by
the
byfor
by
the
the
by
by
Said court has there-se- ll said sold under
this notice sale by the receiver,upon such notice as the court maydirect, the risk cost anysuch purchaser of same, in case such
shall refusemake in accordance with the termsand of this sale, any pay--
The purchaSer 0f said proper- -'
will take thenil the taxes and assessments
under the decree saie
-said property, and ad--
him therefor.10. That possession said prop--
ertv hereinabovebe sold, will be surrender- -
ed and deuverea Dy saiu receiverthe purchaserance by purchaser with theterms of said decreeof sale and upon confirmation ofsuch sale by above mentionedcourt, and said court may
11. For refer- -
ence is hereby made to judgment order sale the
stfled cause .Seflfile of"29, now onthe Clerk the Court of
triet of Lexington. Ken- -.
saiu auuvt-- aiicu --v,..u..fsetting forth propertiesto sold, terms
of the sale thereof.Wm. F. MANDT.
of Coal Co.
Pated September 30,
V
ed tnewillUniproperties, the
THE DISTRICT COURT OF THEUNITEi) STATES IN AND FOR by the defendant,
EASTERN LiSfRICT OF'pany to said Carel Robinson, by theKENTUCKY
(At Lexington, Ky.)Kentucky River Coal Corporation,
NOTICE OF GALEvs. of Assets Properties
of Marian Co. by W.F.Coal Company, Et Al, Defts.
No. In1. judgment or- -
der of sale made- - by theUnited fatates District Oourt for theEastern Distrct cf Kentucky, cn the
f" r - x lzdra payabove styled action pending in said
Lexington, Ky., judg- -ment order of sale is hereby re- -erred to and made a part hereof
fully if herein) the under- -
same
same
narei
signed Mandt, as oi.ant, Marian Mining whichdefendant, Mariar? Mining Com-- 1
will at to with only formed and with byand best bidder or of under therein and .
ders, on day of said sub-lea- se to successors and assigns1929, at or about of 11:40 threin for, any
(Central Time) of said hereby said a of money and interestdate in city t)f particular of remains and saidat the front door of theLetcher County said city and Statethe following properties and assetsof the Marian Miningsaid judgment order of
herein directed to besold, free (l)from all of ' the I
in above action; and (2)free .all liens; title andinterest and right and re-
demption of persons therein .andand upon the terms con-
ditions in following mannerhereinafter set out, towit:
(a) All thatof said defendant,
Marian Mining Company, tothose or of .coalmining lands containingmately 1080 acres or less, sit-
uated,, lying, being thety of Letcher in State oftucky on Rockhouse and .Creeksof of Kentucky River,bounded as follows:
Beginning a chestnutoakmarked stump
on top of the ridge betweenand Branch of
Carrs Fork, same being a tothe W. Dixon acre tract;(where said Dixon tract top!
said ridge extends over on:
Defeated urancnj tnence leaving
Marian Coal Company CaudillsBranch Coal Company, 59 05
16047.30 feet to a mulbsrry tree standMng in north of and at .the
forks of Right Fork of the Whit-
taker Caudills Branch.
the.meanders . of saJd brancR'to
house Creek; thence downCreek it meanders mouth
tt x T T xl.nnnn wlflt.. I,i iiauiuuu f
Branch to the first forks of same,
268.6 feet; 4 E 217.7 feet;N 18 N 15 00 W
, -by receiver,) ridge with a
said , , 'I , , ,
i
. ,
the
XTXX. 0. w. .ai
ders relating line between the lease-o- f
Creek, thence
checks, to said the main Whittaker Fork; thehcereceiver as a penalty such "Whittaker Fork to
defaults, or djna Branch and railroad right-'of-an- d
be applied to of thence Caudillsa re-sa- le Branch to Rock'- -
anddeficiency or such
i nA fo sueh asItT, of said Hamntonif
does sale of saidi thence up Right of'nn,;. bvL;j a it N R- J 'V"; " I Mining
mv'andreturned same 225.9 feet;
purchaser by receiver. U feet; 269.4feet:
claimingthrough fails
creditors, comply
claiminginterest relating
thereof;rights, such
andpersons,
further
lessor,faithful
$2,500.- -
one-thi- rd
purch- -
ditions
and
purchaser
conditions
subject(
required
described anddirected
direct,'
tuCKy,directed
and and condi-
tions
Rockhouse,1929.
purchaser
Plaintiff.
Mandt, Receiver.
EquityPursuant and
entsred
aeptemDsr, inuc
(which
copied,
courthouse
chestnut-oa- k.
Elk
Fork
xjxuii.ii,
thence
tract-- ;
Creek the linesthe beginning,
1085 baing the propr.m.natv.flntagiccmku.
date leasedRiver
defendant,
which
date March 1928
sold,by said defendant, Carel Robin
defendant,Company, and which
owner
defendant,Company; being
leases forparticular
sub-lease- d, the'the. lumiiig,
Company, and;All
defendant,,Company, of,
machinery,buildings,structures, tipples7 cars,
fix- -
machinery, appli- -
arices,trical'
above
the time leasedCom- -
lease above constitutingmining plant Coal
Company then thereon; saidlands the property
by plaintiff,Kentucky River Coal Corporation,the defendant, Coal Company, by instrumentdate January 1919,
County officeLease Book page 452; which
propertyplant and lands wereby said defendant, Coal Com- -
PanJj' me- - ueienaant, KODin- --- by instrument of
dated March 1928; and whichsub-lea- se of said property made
said Carel was assignedtransferred by defen- -
owner onlyreceiver company
public auction together complied theles-th- ebid- - said Carel Robinson sees respective tlwV
the 25th" October, property himspectivehour referred to; reference provided while
made leases for said purchaseKyJmore description the bonds
Companyde-
scribedliens
plaintiff therights,
equity
thereto,
sub-leas- e,
estate
certain tractsapproxi
counthe
North
standingCreek
616.98
said
the
Rockhousethe
J:
W;2BM
00'E"J148.71feet;
SuDject
i6r,said Rockhouse
forfeitedde-d0- Cau-fau- lt
failures,the
expenses prop
Tnonnrfprs
confirnl themo.TirWs
ian inr. ., --. fJ " - x LtuuMMi wx - j iorthwJth N 31
to the 00 E 45n 2 55
or or 01oror
or a oror or on
or or
parties,' oror or
"IP
thereof
Marian
Marian
containing
1919,plaintiff, Coal!
Mandt
rights
esihte
switches, rails,;
kinds, located
stated,
locatedbeing
which,
Marian
Clerk's
personalsub-lease- d
(.son,
Robinson
highest
beingo'clock
property sub-lease- d, andrights Marian Min- -ing Company, therein and thereto;
Also following personalproperty and assets, fixtures, ap-'-of
pliances equipment owned by
said
sale
Company, that soldsale and(
partlocated above said
used said defen- -dant conducting therefor, taxesoperations priortion said Kentucky and
which shown state, year 1930,"the under virtue
above action and Julyto-w- it:
and and provisionslocated store,
buildings lessees thereinabove and
leasehold estate, hand datesale;
(a-- 2) equipment,plies, furniture,
and also other tangiblepersonal assets belong-ing and owned said Marian
Company located anybuilding buildings above
coal sub-leas- ed
voinpaiiyincluding typewrit-
er, adding machine, scale,Frigidaire, cream
gal., two Frigidaire units, shelving,box equipment
Marian Companysaid leased coal lands forming
said mining plant thereon;
brown' mule;double harness" wagon than $15,000.00
forbarber child's amount whilebarber electric price
terest saidsticks; billard balls; ft., benefit protection
accepted together 353.7 feet; N-1-4 carrying
nai'd! rt,a tripncn mining operations
conditions
feet Toint between upper said Companybranch; 15, 135.2 feet mine remove the minable
point rock the merchantable coal upon andsaid small ash said above lands
south feet; 137.6 feet however,stake; 3446.7 feet conditions
stake bank tain lease made 1919,
flat branch. stump,- - buckeye between River Coal Cor-tr- ee
and maple pointers; iporation Marian Coal Corn-dow- n
with with meanders chest- - pany, ''Letchernut flat branch Clerk's office Lease Book page
down with meanders Creek 452; also terms,
the southwest corner the" conditions thatcer-Dixo- n
thence leav--, tain saiding with saidtract
acres sameT.11.' laidwittuii
January wasKentucky
the Pariancompany,
the particu- -
.-- x
named,
a
J
or certified or
certified
or
reserved
at
or
0
to
ot to
-in
as
iucompli-- j
theas
-m
n
Kpntnckv. at..in
thethe
Receiver
Mining
a
rnnoi
f asas
the
the
in
in
jn
a
Defeated
J.
S ti
asui
IT.
8 34
u
the
the
-U.. rtfuj
was sub.leased
son, ox -
der and
was assigned transfer- -'
red -said -
ing is now the01 said suD-iea- se 111 me
the asreceiver the MarianMining referencemade the two saidmore description said
soMarian
and(b) the sub-lea- se sub- -
leasehold theMarian and
theminers' houses, plants,
minespur tracks,tracks, office
tures and appliances, and otherequipment, plants,
motors, and elec- -' equipment all
and upon the described
lands were
andthe
coalwas the
an writingrecorded
and' said mining
coal
x x T t j- nto- -
an writing31,
soto
him to" the
is the of a sub-lea- se
x .
sellthe
as
a. m.the unpaid;
go for thethe a
and(c) the
and
ona as the
describ- - tion forthe or bid
coalto and
athe er the
in-- is
j
Alles the
on
-fixtures
andto by
or on
miuiau to
andon
and a
one
also6
to on- -
,
'
-
to the toof N 3
to a on a
5 N to theto a N to j of
in of 1,J
toto toJ. j
ofof
'to .
I... iuof 1,
to
to
steel benches;, ironand
jiRRPt.s
Company, sub-se- c
and clause thisadvertisement constituting saidmining plant used said Mar- -
upon said sub-lea- s-
"ed coal saidtogether,unit mining plant,
with the sole exclusive right
under March 31,, 1928,between tfie Coal
transaSRiCTTIpH SAif! CrY- -
saidand also 'together with
rights, powers
hereby each said
lutdiauu uvuuuoires "'""ii,also the terms and conditions
powerssaid lessees
therein named and theirsuccessors
uuim, xi&mo, luuckspective reservations containedeach said leases- - favor
therein and.rents royalties therein
ulated said respec- -tive said respective
uiutui iiuuieu.the above described prop- -
will also soldreceiver (1-- 3)
purchase price cash; andbalance such purchase price
and equalsuch purchase price,
with interest the ratecent annum, pay--
able saleuntil paid; but with the
propertiessuch balance purchase
much more than
.Vnu 1.....
cash, such purch- -
ipany,
above
leaves
fown
leased
may elect; and the event suchdoes elect pay the
entire purchase price butpay only more thereofcash, then thetake such purchaser, and will
required execute receiv-er, bonds with good and sufficient
thereon, approved bysaid court, only said equalinstalments such balance thesale price not cash, payable
the order saidtwelve months respectively, from
date sale, and bearing interestthe rate of six per cent. (6) per
payable semi-annual- ly fromdate sale until paid; also
compliance with andformance such theterms conditions and
alL covenants, agreements andconditions each said leaseshereinabove
have the force and effectjudgment and remain and
lien upon properties,'additional for
until the conditionscomplied with; and fur--
ther, said will also
pay, and pro- -vided such lease; and further,that said properties will sold with
of the purch-aser that shall take such proper-ties such and as-sessments liens thereon se-
cure payment thereof; andsaid properties will also sold with
further the purch-aser keep the buildings and
machinery equip-ment upon said propertycontinually isured loss by
some good firoinsurance company
receiver, suchamount amounts each kindbuilding, and each kind prop-erty, said may direct, ag- -
the Marian Mining said with the ob-m- ay
be hand date the assumecomposing part, of and pay a considera-pla- nt
upon the the property and ined property and by addition to sum sums
its mining the purchaser allthereon the crea- -' due payable the State
of Tcceivership of the County Letchdescription by saidappraisement filed and of assessment
which reference made 1929,hereby made, eluding any and taxes by
(a-- 1) mining supples mer-- the terms theleas-chandi- se
commissary hereinabove set out, respec-supp- ly
any other tive named have ted
the described sub-'ligat- ed themselves assume
andAll office sup
allproperty
theMining and
thedescribed landsaju vuai sumCar
show-case- s,
ice cabinet 20
ice otherMining
partand
for
the
the
less"for said amount can
team; motor Frigidaire unit;be obtained; not, thenchair one seat can obtained, any
for chair; hair such purchase andthree tables 33. for properties
cue two unpaid, the
bidder, with.E W 153 Companyn, conducting its
30
if.
areare
257.6. Mining
forksin,
forks branch, bears underlying described'but subject, terms,provisions and that cer-- a
south chestnut' JanuaryBuckeye Kentucky
tree thence andrecorded County
ElkElk subject
W. and provisions616.98' acre sub-lea- se properties
Mining
sidings,railroad furniture,
sub-lesse-
stove.That said properties
of TinnTit. Mm.'ing intions c 1
and
- ,
and developmentslands, by re
ceiver,-- as entirety .
as or coal
made dateCompany
Carel Robinson, which wasfPIT ZIYlA 1.Vo rf
el Robinson tCompany;all the privileges and
made instru- -
forand the
rights, privileges andgranted respective
respectiveall
me x- -
therespective lessors
a(the andto by the
lessees lessors,J
7;
erties and assetsby the for one-thir- d
thethecredits 6 forinstallments
six per (G9r) persemiannually, from date
privilegethe purchaser saidpayingprice, or one--
. i j ni, i nr .,-,-)
third thereof,
thereof,
aserpurchaser not
cash,one-thi- rd or
receiver isfrom
to to
not for
paidreceiver six
annum,
forthe faithful per
purchaser all
the
to par--
toa said as
security thethereof terms
that properties
as stipulated
'
further obligation
subject taxes
the that
obligationto im-
provements,sub-leas-
againstfire,- - and
or companies acceptable said
or onon
as receiver
by receiverat purchaser
by
become toherein,
isby an
as
oron
at
appli-ances;
by
onejgregating total amount notoi if
on if suchas
partpool remains
or
--5- -0
between
on
2.Marian
a,
.andPfl
Mining
named,stip--
on
as
as
directed
mining
lof the receiver and the creditorsland stockholders the Marian Mining Company, as their respective in-
terests may appear; said propertywill also sold upon the furtherterms and conditions, that eventsuch purchaser of said propertiesfails, refuses or neglects to pay any
or more of saH honi1 at --na.or to pay maturity any
installment interest to accruethereon,, or pay all or any partsaid taxes when due, or to keep saidproperty so insured, or towith and perform any the termsand conditions each said leases
performed by the sub-less- ee
herein named, or to comply with andperform any the terms and condi-
tions said sale, then any suchevent or events, each said bondsshall become immediately due, pay-able and collectible, as if each bondhad matured according its ortheir terms; and said retained onthe properties sold secure thepayment may foreclosedand said properties sold to satisfysaid bonds, and interest, and otherobligations the purchaser, by saidreceiver or by any interested party,for the benefit the estate thedefendant, Marian Mining Company,and creditors and .stockholders,upon application the court.
a ti... : j x: mi i t. .
said lease the above mentioned
ian vjtunpany, 01 saialease made by Marian CoalCompny to Carel Robinson, and theassignment and transfer the latterlease by said Carel Robinson to --"the
Mining Company, but alsowith the further obligation on thepart ux me purcnaser to assumepay, from and after the date sale,and when and as the same becomedue and payable, all rents, royaltiesand taxes stipulated each saidinstruments to paid by the respec- -tive successors assigns to the
Vi- - , ,respective lessors tnerein named, atthe times and the amounts provid- -
for in each said leases, untilthe terms and conditions
said sale fully complied with andsaid purchase money for said
properties is fully paid,5. That said properties will
also sold by safd reitr ( Sleepas hereinafter provided thi elue5 this notie sals) fret Andclear all liens plaintiff, and
all rights, interests, liens, claimi.right equity or right redemp- -
(Continued on page
,. , , Voai wuicu ia ittuiucu i" 6""" iu Liiujjeinea Lttjproperties and assets win be soid hereinbefore provided that enB, Betcher County clerk-- s office Lease respective instruments of writing aold said receiver, not only sub-sa- id
receiver together as an entn-et- y
upon said propertyi and wb,ch is Book 452 and be-n-g also the atove referred to; reference being ject the and conditions
all
all
all
all
rpSfa?SUm and pay; and aU liIby defendant, Marian Coal Com-'men- ts writing for a more properties, made by said Kentuckyt!ons imposed up0li him. the defendant, Carel Robin-'l- ar description lands and River Coal Corporation to the Mar-f-or
the benefit and . , of the cons v . , 5J. .. 1.. , .. ...... j - , - , ,and
and
andfrom andproperties,
, x r .r
said thereinand
said such'
. .
other
of.
and
and
of
and
er,
&properties
fail to
ties sold same
eration for
of
(
uponsuch
and
further particulars,said ,
and entered
of District the
. , 4.
be
the
thereof
Coal
the end
570
and
at
the'
the
Whitesburg,of
saleand
of
and the
and
and
atand
the
of
e-- .
W
of
ofW
W
of
ofcf of
anderty x ,
Company;
nroDertv
by an instrument writing uuof 31
ty and
to Marian Min(
anupossession of said saidf
of
toof
property and0f sub-lesse- e
therein thereto;of and
of
to all equipment,'
hoists,
all
generators,of
at
of Marian
of of1,
Letcher2,
and
Marian
and
(
w.
rights
of
in
HlkU
are
be
be
same
of
of
and
of
setone
and
andand
W andand
27 01
in
and
Elk
in
in
one
b, of
and
-
will be soldan and
and of
of
tilP .
to of
.uie
to
and and to of
in of
bi paidto
'xi
Allbe
of in
12
at of
of
of ofof
inin
totointo
hebe said
to be
ofin
to of inand
of at
of but
ofand of sale
ofof
mentioned.
ofare
ndare
inbe
heto
and to
beof
and
in
in anof
of
of ligation of tosaid of
in to
of ofthereof in
to of of 1,all which,
house,to
all oflocated
one beone of
33
00
Marian
31 00
Creek; in 2,
in
in
oft.hp ripf
describedof
bv
one.
Marian
Marian
ofa11
therein
assigns,
inof
of
of monthsofthereon
all
in
surety
of
of
ofbe
payment
therein
all
solvent
in
in
in
ofof
bein
oneturity, at
ofto of
complyof
of ofto be
ofof in
of
tolien
tothereof be
of
of of
its
of
ana suo- -thereof
of
Marian
anaof
in ofbeand
ined ofall of of
areall of
all ofbs
inof of
of of thof
of of5)
hv sam wxxi auoare in
he to of
hede- - ofd.
be
of
of
toof
of
to
of
to
to
of
to
SOn
of
of
of
in
to
0f
of
to
to
to
to