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<br /> rxeeucusnnECO -7606
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<br /> � �j'within and_ for the cou��ty of La.ncaster, do hereby certify that the above and foregoing is a true ('
<br /> ;+and correct eopy of ORDER with a11 the endorsements thereon filed on the 26th day of Jun� 1935_ in ;i
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<br /> ��a cause in said court wherein L.A.Ricketts, trustee, etc. ia plaintiff and Lincoln Trust Company, ii
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<br /> ;�a corporation, et al are defendants, as the same appears fully upon the records, and files of said ��
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<br /> ;court and now in my charge remaining as Clerk aforesaid. (
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<br /> �'Witness my h�.nd and the seal of said court at Lincoln, Nebraska this 27th day of June, 1935. �,
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<br /> W.C.Burcham ��
<br /> (SEAL) Clerk District Court � ��
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<br /> By W.F.Sanders � ��
<br /> Deputy. (�
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<br /> Filed for� record this llth day of Jtt�y, 1935, at l:�-5 o 'elock �'.M. �/������ � '�
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<br /> Re�lster of Deeda j;
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<br /> 0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-U-0-0-0-0-0-0-0-0-J-U-�-0-0-0-U-0-0-U-0-0-0-0-0-0-0-0-0-0-0-0-0-Ii
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<br /> DECREE '_
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<br /> In the District ~�ourt of the Third Judicial District of Nebraska, held ��
<br /> within and for Lancaster County. I�
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<br /> Herbert S.Daniel, as receiver of ) 1
<br /> Lincoln Safe Deposit Company, bankrupt )
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<br /> and Herbert S.Daniel as receiver of } '+
<br /> Lincoln Trust Company, bankrupt, ��
<br /> Plaint iff, � ��
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<br /> 116- 1. � � i'
<br /> -vs- � 7 �I
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<br /> Lincoln Trust Company, a Corporation, ) '`
<br /> and Lincoln S�.fe Deposit Company, a ) �j
<br /> Corpor�,tion, � �� '
<br /> Defendants. ) '`
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<br /> Thi�. case ca.me on to be heard on the 16th day of July, 1�32 and A�airi on the 19th day oP July, �';
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<br /> 1932 upon the petition of the plainti�f, the ,joint ansvrer of the defenda,nts, the petition of in- i;
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<br /> tervention filed herein and the evidence, and was submitted to the court and by the court taken i�
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<br /> under advisement on the day last na,med. "
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<br /> And no�r on this 21st day of July, 1932, the court, being fully advised in the premises, �inds an�.
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<br /> decrees ag follo�s: �!
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<br /> 1. That the Lincoln 5afe Deposit Company and the Lincoln Trust Company have heretofore been ;;
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<br /> ad�udicated bankrupts and are without means to continue to perform the various trusts and funeti�ns
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<br /> heretofore performed by them. �� .
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<br /> 2. That the said companies were trustees for the many holder� of beneficial intereats in the !i �-
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<br /> mortgage loans set out in the plaintiff' s petition and had active duties to perform, which, if ��
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<br /> not performed, will work a �reat hardship upon the said pa.rties so beneficially interested and �I
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<br /> upon the public generally, and will cause an unnecessary and irreparable loss; and it i� necessa�y
<br /> tha.t some suitable person or compa.ny be lmmediately appointed to fill the office of' trus'tee and I,;
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<br /> �; to take over the duties heretofore performed by the said defendants, the Lincoln SaPe Deposit I�
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<br /> ';; Company and Lincoln Trust Co�pany. ii
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<br /> ;� 3. The court further finds that The First Trust Company of Lincoln, Nebraska, is a suitable conc rn ,
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<br /> �� to be appointed as a trustee to succeed to the said duties oP the said described Lincoln Safe ��
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<br /> ;I Deposit Company and Lincoln Trust Company and to undertake the adminiatr�.tion o�' said trusts. i�
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<br /> �� 4. The court further finds that many of the mort�age papers and instruments creating said trust p
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<br /> ; e y/�r'ess �I
<br /> �! do not coni�ain provision for the adequate compensation and protection of a trizstee, and tf�at any�i
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<br /> ?� trustee apnointed to perform such dutieg and to protect the prop�Fty and interests o�' the benefi�'
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<br /> o th tr st ro erti�s and to reaso b i
<br /> ntitled to reasonable com ensation out f e u p p ria le
<br /> ;, ciaries is e P . �
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<br /> i� direction and protection �y the court. The court cannot determine at this time v�hat a reasonabl��
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<br /> � compencation will be under the conditions and circumstances involved and the amount thereof ji
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<br /> �� should be determined at a future date. '�
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<br /> �i 5. The court further finds that it may be necessary for the preservation of the trust property ;i
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