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