The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-03
LEGAL NOTICES

thereof.
Subject, however, as to certain of said
rolling stock, TO a certain equipment
lease known rs the Roanoke and Southern
Equipment Trust Series a, dated the 10Th
day of December, 1891, under which there
are now outstanding and unpaid certiii-
Gates to the aggregate amount Of SO, 600
par value
Anu subject also to the performance by
the purchaser, his successors or assigns, of
all pending contracts in respect of said
railroad, property and franchises lawfully
maize by 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 rs an entirety
The purchaser cf said railroad property
ana franchises, his SUCCESSORS or assigns.
upon payment of che purchase price bid
therefor, or upon making such provision
rs 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-
braced 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 appurtcnant to
said premises or acquired for use in con-
nection with or for the purposes of said
railroad and property.
The said sale will be made subject, and
reference is hereby made, To the terms.
| conditions, reservations and obligations
i'll said DEGREES respectively contained in
| Guiding those in respect of (a) the said
Receivers, (b) claims against the said Re-
ceivers, (c) claims against the Roanoke
and Southern Railway Company or the
Norfolk and Western Railroad Company
| for unpaid Indebtedness or liability con-
tractcd or incurred by said Railrond Com
| panics or either of them III the operation
| of the railroad and property sold which
may be adjudged 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, as 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 Il pledge that he will make good
| his bid, in case of its acccptance first
|
| the sum of S25, 600 in money, or by ccrti-
fed check upon any National Bank or
| Trust Company in the City of New York
or 100000 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 500, 900 III
cash, or 10y certified check upon any Ma
| tional Bank or Trust Company in the
City of New York, or 5000, 000 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 be received on
| account of the amount so required on the
acceptance Of hiss bid.
The Special Masters will receive II
certificate of The Mercantile Trust Com.
pany, i'll the City of New York, that it
holds bonds issued under said mortgage
dated March 10th, 1892, to IN 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 rs though the bonds there.
| in named had been believed to such Spcc-
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
erty for sale without further notice or
| advertisements
In case any bidder or purchaser shall
fail To make good his bid upon its accep.
lance 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 consummation of
the purchase, then the sums and cash or
bonds deposited by such purchaser will
be forfeited rs II penalty for such failure
and will he applied toward the expenses
OF a resale and towards making good any
deficiency or loss in case the property
shall be sold ut II 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 receiv
ed from any unsuccessful bidder will be
returned to him when the property shall
he struck down.
| Upon confirmation of the sale by the
Court the purchaser shall make such fur
ther payment or payments in cash on ac-
count of. his bid as 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 he Cancelled or credited, rs
in said DEGREES provided, any of said bonds
lSSu"i unlcr Siil mortgage, dated March
10th, lS92, or coupons; and such pur-
chaser shall he credited therefor on nc
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 in
case the purchaser thereof shall fail or
omit to make any payment OH account