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Identifier
jc_Bowen18841118
Date
November 1884
Description
A deed of trust in which the legal title of the property of the Golconda Gold Mining Company was transferred to a trustee, Adair Wilson, by the owner Thomas Bowen.
Physical Description
8 pages tied together at the top with a pink ribbon and measuring 8" x 14".
Rights
This material is in the public domain.
Publisher
Digitized by Forsyth Digital Collections.
Repository
Recommended Citation
Bassett, Alden, "Deed of Trust between Adair Wilson and the Golconda Gold Mining Company" (1884). Bowen Collection. 34.
https://scholars.fhsu.edu/tj_bowen/34
Language
eng
Transcription
No. 7744 The Golconda Gold Mining Co. To: Deed of Trust Adair Wilson, Trustee State of Colorado County of Rio Grande I hereby certify that this instrument was filed on record in my office at 2 o'clock PM Novr 18 1884 and is duly recorded in book 23 page Alden Bassett Fees 7.25 Recd THIS INDENTURE made this 18th day of November, A.D. 1884, between THE GOLCONDA GOLD MINING COMPANY , a Corporation duly organized & existing under the laws of the State of Colorado, of the first part, and ADAIR WILSON, of Del Norte, County of Rio Grande, Colorado , of the second part, WITNESSETH : That Whereas, in pursuance of the powers and authorities in it It duly vested, the said party of the first part hath resolved to issue for the purpose of funding its indebtedness, created between Apl. 25th, 1883 and Nov. 10th. 1884, inclusive, a series of Promisary Notes, each for One Thousand Dollars, and numbered respectively from ONE to FORTY-SIX, inclusive, and to amount in the aggregate to FORTY-SIX THOUSAND DOLLARS, which said promisary notes are to be equally secured by these presents and are to be of like tenor and of the form following , viz $1,000. No. " Office of THE GOLCONDA GOLD MINING COMPANY, Del Norte, Rio Grande" County , Colorado , "Nov 18th 1884. "One Year after date, for value received, THE GOLCONDA GOLD MIN- ING COMPANY, a corporation, duly organized and existing under the laws of the State of Colorado, Promises to pay to THOMAS M. BOWEN, or order, ONE THOUSAND DOLLARS, with interest from date until paid, at the rate of TEN PER CENT PER ANNUM This Promisary Note is executed and delivered by order of the Board of Directors of said Corporation, as well as by order of the Stockholders of said Company, duly expressed at meetings of said Board and meetings of said Stockholders, by resolutions duly adopted; This note is one of a series of FORTY-SIX promis- ary notes, of said like amount, tenor, date, and effect; each for ONE THOUSAND DOLLARS ($1000.) and numbered from ONE to FORTY. Six, inclusive, all of which notes are secured by a SECOND DEED OF TRUST, of even date herewith, on certain of the property of said Corporation, situate, lying and being in Rio Grande County State of Colorado, mentioned in said Deed of Trust. In testimony whereof, the said Corporation hereto affixes its Corporate seal and causes the same to be attested by the signatures of its President and also of its Secretary, this 18th day of November, A. D. 1884, both of which Officers certify that the foregoing note is one of the series mentioned in said Deed of Trust. Bradford Otis Thomas M. Bowen Secretary President NOW THEREFORE, THIS INDENTURE WITNESSETH: That for and in consideration of the premises and of the sum of ONE DOLLAR to it duly paid by the said party of the second part and in order to secure the payment of the principal and interest of said promisary Notes according to the tenor thereof, The said party of the first part hereto, has granted, bargained and sold and by these presents does grant, bargain and sell, convey and transfer, unto the said party of the second part, and to his successors and assigns, all and singular the following described property situate in SUMMIT MINING DISTRICT, Rio Grande County, State of Colorado, to-wit: THE GOLCONDA LODE AND MINING CLAIM THE TUNNEL LODE AND MINING CLAIM THE BOSS LODE AND MINING CLAIM THE GAME COCK LODE AND MINING CLAIM THE LEN LODE AND MINING CLAIM THE NICK LODE AND MINING CLAIM THE TWENTY STAMP QUARTZ MILL, AND FIVE ACRES OF GROUND ON WHICH SAID MILL STANDS, AND THE IRON RAILWAY FROM SAID MINES TO SAID MILL. AND ALL RIGHTS, RIGHTS OF WAY, ALL APPURTENANCES, TOOLS, IMPLEMENTS AND APPLIANCES, OWNED BY SAID CORPORATION: TO HAVE AND TO HOLD, the said real and personal property and premises with the appurtenances unto the said party of the second part, and his successors and assigns, in trust, nevertheless, for the purposes hereafter expressed, to-wit: ARTICLE FIRST: - Untill default shall be made by the said party of the first part, its successors or assigns, in the payment of the principal or interest or some part thereof, of the said notes, or some one of them, the said party of the first part, its successors and assigns, shall be suffered and permitted to possess, manage, and enjoy every thing hereinbefore described or mentioned, including said Mines, Mill, Rail-way, Buildings, Tools, Appliances, Rights, Privileges, Easements, Franchises and Appurtenances, and to receive take and use the TOLLS, Incomes, Revenues, Rents, Issues, and Profits thereof, in the same manner and with the same effect as if this Mortgage had not been made. ARTICLE SECOND.-In case default shall be made, in the payment of any interest on any of said notes, according to the tenor thereof or in the payment of any part of the principal of said notes, or any of them, when the same shall become payable, and any such default shall continue for the period of THREE MONTHS, then it shall be lawful for the said TRUSTEE, or his successors, personally, or by attorney or agent,- the said default or failure still continuing, upon the written request of the holder or holders of ONE-HALF of said notes secured by this instrument, or in case a part of said notes shall have been paid, then upon the written request of the holder or holders of a majority, in amount of such notes, at such time out-standing and unpaid,-to enter into and upon and take possession of all and singular, the property and premises, and all else hereby conveyed or intended to be, and each and every part thereof, without any let or hindrance of or from the said party of the first part, and to have, hold, possess, use and enjoy the same by his or their Superintendants, servants or agents, the said property and premises and appurtenances and conducting the business thereof and making from time to time all repairs and replacements and such developments and improvements thereto as may seem, to him or them, to be useful and judicious; and to collect and receive the tolls, rents, incomes, issues and profits of the said property and Premises and every part and parcel thereof, and to account to the holders of the notes secured thereby ratably and without any discrimination or preference, it shall likewise be lawful for the said Trustee or his successors, after entry as aforesaid, or without entry, personally, or by his or their agent or attorney, to sell and dispose of all and singular, the property and premises hereby conveyed, or intended to be, at public auction in the Town of Del Norte, Rio Grande County, Colorado, having first given notice of the time and place of such sale by advertisement published not less than one a week, for SIX WEEKS, in a News-paper published in said Town of Del Norte, and if no News-paper is then being published in said Town, then in a News-paper published in the City of Denver in said State of Colorado, and wherever else required by law. It being and is intended hereby, to have said property and premises either worked and operated, as aforesaid, by said Trustee, or his successors, or sold as aforesaid, in case default be made is aforesaid according to the wishes of the holder or holders of a majority of said notes then unpaid and out-standing; and it shall be the right and duty of said Trustee, or his successor or successors, to either operate or sell the said property and premises as he shall be in writing directed by the holder or holders of a majority of said notes then unpaid and out-standing, the said Trustee or his successor or successors to have no discretion except to obey such written request; and in case such Trustee or his successors, shall refuse to obey such request, or in case said office of Trustee, shall be from any cause vacant, then such sale, may, and shall be ordered by any Court of competent jurisdiction, and be made under and by order and direction of such a Court, and such Trustee or the person making such sale as aforesaid, shall make and deliver to the purchaser or purchasers of the said property and premises, which shall be sold as a whole, a good and sufficient deed for the same, in fee simple, which sale made as aforesaid, shall be a perpetual bar, both at law and in equity, against the said party of the first part, its successors and assigns, and All other persons claiming or to claim the said premises or any part or parcel thereof, by, from, through or under the said party of the first part, its successors and assigns, and after deducting from the proceeds of such sale, first, allowance for all expenses thereof, including Attorneys fees, and other expenses, advances or liabilities which may have been made, or incurred, in respect to said property and premises, or any part thereof, or in operating, maintaining or repairing the same, or any part thereof, or in managing the business thereof, and arranging for and completing the sale aforesaid, and all expenses paid for Taxes or assessments thereon, as well as just compensation for his or their services, to apply the proceeds to the payment of such of the said notes as may be at that time unpaid, and the interest which shall at that time have accrued on the said principal and be unpaid without discrimination or preference, but ratably to the aggregate amount of each unpaid principal and accrued and unpaid interest; and if after payment of the same in full, a surplus shall remain, to pay over such surplus to the said Company or render the same as any Court of competent jurisdiction shall order. ARTICLE THIRD.- If the said party of the first part shall well and truly pay or cause to be paid the principal of the said notes when the same shall become due and all interest thereon, when the same shall have become payable, and shall have been demanded according to the tenor of said notes and the interest thereon, then, and in that case, the estate, right, title and interest of the said party of the second part of his successor in the trust hereby created, shall cease, determine and become void, otherwise, the same shall be and remain in full force and virtue. It being, however, especially understood and agreed, that the said party of the first par, its successors and assigns, shall have the right at any time before the maturity of said notes, to pay any or all of said notes from time to time, together with the then accrued interest thereon, as set forth in said notes. ARTICLE FOURTH.- In case the said Trustee, hereinbefore named, Shall die, resign, or be unable, or shall decline to act, it is hereby expressly provided, that ARTHUR BURTON shall at once become Trustee herein and hereunder, and in case of a vacancy shall at any time, for any cause exist in the said position of Trustee, one may be appointed by Court of competent jurisdiction in the State of Colorado, on the petition of the person or persons holding a majority of said notes then unpaid without notice to any one; said substitute or the Trustee who may be appointed by such a Court shall be deemed and considered for all purposes, the same as if originally named herein as Trustee. ARTICLE FIFTH.- This Deed of Trust is subject to a certain other Deed of Trust, executed by said part, of the first part, of date Nov., 1st. A.D. 1882, and of record in the County Recorders Office of Rio Grande County, State of Colorado, in Book ONE page 654, whereby certain properties therein described was conveyed in trust, to secure payment of FIFTY CERTAIN BONDS of said party of the first part therein fully described, and any sale of the properties made hereunder, shall be subject to said Deed of Trust of date November 1st. A.D. 1882. In witness whereof, the said party of The first part has caused its Corporate Seal to be hereto affixed and the same to be attested by the signature of its President and Secretary, the day and year first herein written. Done by order of the Board of Directors of said Corporation, duly approved and ratified by the Stock-holders thereof, at Meetings of said Board & said Stock-holders, duly held at the Office of said Corporation in the Town of Del Norte, State of Colorado, on the 12th. Day of November, A.D.1884. Thomas M. Bowen President Bradford Otis Secretary State of Colorado County of Rio Grande This is to certify that on this 18th day of November, A.D. 1884, before me, an acting and duly commissioned County Clerk within and for the County and State aforesaid, personally appeared THOMAS M. BOWEN, President of the GOLCONDA GOLD MINING COMPANY, to me individually and personally well known to be, the person whose name is subscribed to the within and foregoing DEED OF TRUST, and he being duly sworn, did depose and say that he is and was President of the said Company, at the date of the execution of said instrument, and is still such President, and that such instrument was, executed by, and under a resolution of the Stock-holders, as well as the Board of Directors of said Company, for the uses and purposes therein set forth; and as the free and voluntary act and deed of said Company: and at the same time personally appeared, before me, BRADFORD OTIS, Secretary, to me personally well known to be the person he purports to be in and up on the sai
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