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<br /> �JL �� Jl..e Jl�JLS� 1�1 �� �.J � � Jle� ��� � #
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<br /> 'fXE AUGUETINE CO.-�IGOG
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<br /> 1br f'or the prop�r man.agement of the sa�ane for the trustee to make advaneements in that behalf and �I
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<br /> �to incur expenses c��ithout previously collecting �unds tQ cover the same from the persons intereste�
<br /> � '!therein; �.nd that if the said tru�tee shall m�ke advancements in the care or mana�ement of the tru t
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<br /> ;�property, or incur expense for the handling of the same or in the performance of the duties here ;
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<br /> imposed upon the said truGtee, said trustee ghould be reimbursed therefor, and such reimbursement j
<br /> i'�hall at a proper time be ordered and enforced by the court out of the property of the trust, �
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<br /> ';6. The court further finds that per�ons orvning the entire beneficial interest of a bond or mortga���
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<br /> �should, other things being equal, be .permitted to withdraw the same from the hands of the trustee i
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<br /> �?and to han.dle the same personally or by hia attorneys as he or she may see fit, thus relienin� thel
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<br /> �trustee from the b:arden of collecting or servicing such bond or mortgage and permitting the same %!
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<br /> '�;to be done entirely according to the wish of the owner. And in case of a�reement on� the paxt of i�
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<br /> !�all the owners of a �idely divided beneficial ownerahip of a bond or mortga�e a like course shoul�„�)
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<br /> ,;be followed. Furthermore, if a considerable ma,�ority of the owners of the beneficial interest of ;
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<br /> !ia bond or mortg�,ge desires special or paxticular handling of such security the court may in its j
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<br /> ;�diseretion direct the placing of the necessary business in connection with the same, to that ex- ;
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<br /> ""tent retaining the rlght to make such further order of such trusteeship a8 shall be neeessary to i
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<br /> �ithe end in view. �
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<br /> ���. The court further finds that the matter of �ees to be paid to the trustee shall be fixed by j�
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<br /> ���the _ court upon due hearing; and the trustee shall make full account to the court of all colleetio '�,
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<br /> ,Creceipts, chargea a d e pe y ma . . , �
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<br /> i'£�. The court furtner finds that the petition of intervention herein f iled should be denied. I
<br /> {�9, The trustee shall at all times furnish suitable bond, which in the first instance should be �
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<br /> ��in the sum of �100,000.00 for both this case (116-72) and its sister case (116-71) conditioned i
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<br /> !ifor f�zithful perf'ormance and safe keeping and account, same to be approved by the covrt; and said ;
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<br /> �ibond should be increased or diminished from time to time according to the exigences of the trust, ,
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<br /> �;and as the court shall direct. The bond should be a surety bond and purchased upon the market for��
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<br /> �;the lowest price, safety considered. �
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<br /> 'It. is therefore ord�red, ad,�udged and decreed that The First Trust Company of Lincoln, Nebraska,b�,
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<br /> ;�and hereby is, appointed as trustee, upon the giving of bond as recited in the findings of this i
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<br /> t;decree, to the trust and to its successor in offlce, of the mortgage loans listed in the plaintiff!I's
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<br /> � !;petition and of such other mort�age loans as may be hereaYter added thereto, to perform the dutie�
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<br /> and Yunctions heretofore given to or performed by the above named defend.ants, and is given fu1.l �
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<br /> ;;power and authority as such trustee to colle�t a�--�eceipt for the interest and principal oP such !I
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<br /> ;;loans, to bring sueh actions as may be necessary_ to foreclose the �securities pledged thereunder ar�d
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<br /> i� to prosecute any actions now pending, or to take such other action as is. appropriate to enforce ;
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<br /> ;; the rights of the ov�rners oP said securities, or otherwise to protect the trust property as may be '
<br /> ��necessary and f itting. And in the event tr�at the mortgaged property is offered for sale under !j
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<br /> ' such�roceedings the trustee is . hereby authorized in it� discretion, and unless �pecifically j
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<br /> ' restrained by the court, to enter a bid in an amount not exceeding the amount due �aid trust for
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<br /> " `� said property and to take title thereto in its own name as trustee and to hold and manage said �
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<br /> Fj,property f or the beneficial owners and to sel.l or convey or transfer the same, sub�ect to the �I
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<br /> japproval of the court, and to distrubute the net proceeds derived thereProm to the beneficial !�
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<br /> ;; owners. The tructee is also �:uthorized to take title to any property, and to take possession �
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<br /> �; thereof, heretofore acquired by the defendants as trustee. for said beneficial owners and to hold �
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<br /> ,;manage , sell, convey and transfer the eame sub�ect to the approval of the court, and to distribut
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<br /> ;', the net proceeds derived therefram to the beneficial oavners. And it is also ordered and decreed '
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<br /> �� that the disposal of the business of the trust referred to in the findings of this decree shall ;
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<br /> �! in the instances indicated be disposed of so as to accomodate the owner of the beneficial interes
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<br /> , in the bonds and mortga�es in the hands of the trustee, under proper order of court in e i
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<br /> ach case, �
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