The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-05
LEGAL NOTICES


iease known as the Roanoke and Southern
Equipment Trust Series A,dated the 18th
uay OF December. 1891. under which there
are now outstanding and unpaid certif-
Gates to the aggregate amount of SO. 600
par value.
Anu subject also To the performance bv
the purchaser, his successors or assigns. of
all pending contracts in respect of said
railroad, property and franch ses lawfully
made by the Receivers of the Roanoke and
southern Railway Company before such
I sale thereof
As provided by said DEGREES. said rail
road property and franchises will be
offered for sale as AZ entirety.
The purchaser cf said railroad, property
ana 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
convcyed, 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 in the conveyance to such pur-
chaser, or pertaining thereto: and the
purchaser of said railroad, property aud
franchises, his successors or assigns shall
also receive conveyance of any and all
property of the said Roanoke and South
crn Railway Company appurlenant 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 (a) the said
Receivers. CD claims against the said Re
ceivers, tc) claims against the Roanoke
and Southern Railway Company or the
Norfolk and Western Railroad Company
for unpaid indebtedness or liability con
tractcd or incurred 10y said Railroad Com
panies or either of them in the operation
of the railroad and property sold, which
may be adiudged prior in lien or superior
| III equity to the mortgage of the said
Roanoke and Southern hallway Company
| dated March 10th, lS92, for the foreclo-
sure of which said DEGREES were entered
The Special Masters, us 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, as pledge that he will make good
! his bid, in case of it's acceptance, first
| have deposited with The Special Masters
| the sum of $50, 900 in money, or by certi-
| fled check upon any National Bank or
| Trust Company in the City of New York
| or Sl0O,00O 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 $50. 600 in
| cash, or by certified check upon any Ma
l. 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 as II pledge that he would
make good his bid, will he received on
account of the amount so required on the
acceptance of his bid.
The Special Masters will receive u
certificate of The Mercantile Trust Com.
pnny, in the City of New York, that it
holds bonds ISSUED under said mortgage
! dated March 10th, 1892, to an amount
therein specified, subject to the order of
| the party therein named, and transferred
| by such party to the order of said Special
Masters in lieu of such bonds with like
| force and effect ms though the bonds there
! in named had been believed to such Spec
| ial Masters.
In case any bidder shall fail to make
| the deposit by said DEGREES required upon
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-
tancc by the Special Masters, or after
such acceptance shall fail TO comply with
any order of the Court relating to the
| payment thereof or the cOnsllmmation 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 Il resale and towards making good any
| deficiency or loss III case the property
! shall be sold at price less than that bid
| at the prior sale. If the Court shall not
confirm the sale the deposit will be re.
! turned to the bidder. Thedeposit receiv.
| ed from any unsuccessful bidder will be
| returned To him when the property shall
be struck down.
| Upon confirmation Of the sale by the
| Court the purchaser shall make such fur
thcr payment or payments in cash on nc
| count o, his bid rs the Court from time
TO time may direct. The purchaser may
satisfy and make good any part of his
| bid not required to be paid in cash by
| turning in to be Cancelled or credited as
| in said DEGREES provided, any of said bonds
issued under said mortgage, dated March
| ioJh, 1917, or coupons; and such pur-
chaser shall be credited therefor ON ac-
count of his bid with such sums as would
he payable on such bonds and coupons
ont 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 as the Court shall direct i'm
case the purchaser thereof shall fail or
omit to make any payment on account
of any unpaid balance of the purchase
price within thirty days after the entry
OF an order requiring such payment
En fhn nilrnn.A of ~ r..r.-it.,r thn -.