The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-04
LEGAL NOTICBs


or thereafter acquired ut law or in equity,
or IN or to the same or any part or parcel
thereof
Subject, however, as to certain of said
rolling stock, to IL certain e0uipment
lease known rs the Roanoke and Southern
equipment Trust Series y. dated the 18th
day of December. 1891, under which there
are now outstanding and unpaid certin-
Gates to the aggregate amount of $40, 600,
par value.
And subject also to the performance by
the purchaser, his successors or assigns. of
All pending contracts in respect OF said
railroad, property and franchi ses lawfully
made 10y the Receivers of the Roanoke and
Southern Railway Company before such
sale thereof
As provided by said DEGREES, said rail
road, property and franchises will be
offered for sale as an entirety.
The purchaser CT said railroad, property
and franchises, his successors or assigns.
upon payment of the purchase price bid
therefor or upon making such provision
as the court shall approve for the pay
ment thereof, will receive conveyance of
and be let into possession Of the premises
conveyed, including all net income and
other property received by the Receivers
of said Roanoke and Southern Rail-
way Company in the management or
operation Of the mortgaged premises en-
braccd i'll the conveyance to such pur-
chaser, or pertaining thereto: and the
purchaser of said railroad, property and
franchises, his successors or assigns, shall
also receive conveyance of any and all
property of the said Roanoke and South
crn Railway Company appurlcnant to
said premises or acquired for use in con
nection with or for the purposes of said
railroad and property.
The said sale will he made subject, and
reference is hereby made to the terms
conditions, reservations and obligations
In said DEGREES respectively contained, in
GLIDING those in respect of (n) the said
Receivers, (b) claims against the said Re.
ceivcrs tc) claims against the Roanoke
and Southern Railway Company or the
Norfolk and Western Railroad Company
for unpaid indebtedness or liability con-
tracted or incurred by said Railroad Com.
panies or either of them in the operation
of the railroad and property sold, which
may he adiudgcd prior in lien or superior
in equity to the mortgage of the said
Roanoke and Southern Railway Company
dated March 10th, 1892, for the foreclo-
sure of which said DEGREES were entered.
The Special Masters, rs directed by the
DEGREES, Will receive no bid from any one
Offering to bid for the railroad. property
and franchises above described who shall
not us Il pledge that he will make good
his bid, i'll case of its acceptance, first
have deposited with the Special Masters
the sum of $50, 600 in money, or by certi-
| fled check upon any National Bank or
Trust Company in the City of New York,
| or SlU0,OOO par value of the bonds secured
| by said mortgage dated March 10Th, 1892
Upon acceptance of any bid the pur-
chaser shall forthwith deposit with said
| Special Masters the sum of $4,000 in
| cash. or by certified check upon any Ma
tional Bank or Trust Company in the
City of New York, or 5000, 900 par value
| of the bonds secured by said mortgage;
but any cash or bonds which may have
been previously deposited by the success
| full bidder us n pledge that he would
make good his bid, will be received on
account OF the amount so required on the
acceptance of his bid,
The Special Masters will receive n
| certificate of The Mercantile Trust Com
pany, in the City of New York, that it
! holds bonds issued under said mortgage
| uated March 10Th, .lS92, to an amount
| therein specified, subject to the order of
the party therein named, and transferred
| 10y such party to the order of said Special
Masters in lien of such bonds with like
| force and effect as though the bonds there.
! in named had been believed To such Sncc-
ial Masters.
In case any bidder shall fail to make
the deposit by said DEGREES required upou
acceptance of his bid, the Special Mas
tiers will forthwith again offer the prop
crty for sale without further notice or
advertisement.
In case any bidder or purchaser shall
fail to make good his bid upon its accep-
lance by the Special Masters, or after
Snrh cl,oll full -
any order of the Court relating to the
payment thereof or the contamination of
the purchase, then the sums and cash or
bonds deposited by such purchaser will
he forfeited as II penalty for such failure.
and will be applied toward the expenses
OF n resale and towards making good any
deficiency or loss in case the propcrtv
shall be sold ut Il price less than that bid
ut the prior sale. If the Court shall not
confirm the sale the deposit will be re-
turned to the bidder. The deposit rcceiy.
ed from any unsuccessful bidder will he
returned to him when the property shall
be struck down
Upon confirmation of the sale by the
Court the purchaser shall make such fur.
Their payment or payments in cash on ac-
count of.his bid rs the Court from time
to time may direct The purchaser NAV
satisfy and make good any part of his
bid not required to be paid in cash by
turning in to be cancelled or credited, rs
in said DEGREES provided, any of said bonds
issued under said mortgage, dated March
10Th, 1872, or coupons; and such pur
chaser shall be credited therefor on ac-
count of his bid with such sums ms would
he payable on such bonds and coupons
out of the purchase price, if the whole
amount thereof had been paid in cash
The Court reserves the right to resell said
railroad, property and franchises upon
such notice rs the Court shall direct in
case the purchaser thereof shall fail or