The Topeka state journal., 1897-12-07
NOTICE OF SALE.
KANSAS PACIFIC RAILWAY
EASTERN DIVISION
FORECLOSURE CAUSE.

FORECLOSURE CAUSE.
Notice is, hereby given that, pursuant to the
tee ~ OF be opf and IS Sas & ade afed STATES fe
for the District OF Kansas on the S0th day OF
in said Court. entitled .'aenry ii. Alexander
against The Union Pacific Railway Company.
Kansas Pacific Railway Company. American
Stewart and William Endicott. Jr,. Trustees;
The Mercantile Trust Company, Trustee; silaS
son n Io1I u 0IareT il a,d 5i J|:dric t Il S6nderf
Keeelveps Of the property and franchises o. Inc
States of America. and the Chicago, kansass
and in accordaaee with petition to the Irqs-
tees OF the Eastern nlxisi0a M@0F5G4ge NOT 70
proceed to the sale Of the property and tran
has been g3fsp lsd With SiS the cierE 81 said
ter, viii sell at public auction TO the highest
@ 9ddeT 56B or 6qae Pae at fhs e5e6 IN the
glIy OF Topeka. IN the state of Kansas, or
Friday. the 5th day of November. 1897
road. telegraph. franchises. rights. functions.
immunities and appurtenances TO the same be-
kind and description mentioned in the said de-
mortgage Of August l, 1855, Of the Union Pa
gnbn aa nggd Henry M Alex9nder
as trustees (under which Henry ~ Alexander
the Eastern Division mortgage. and described
All the railroad. right of way and railroad
proPerty Of The Union P9eihc l ttaiIw&ay & So5ns 5n
s92heets With the tracks e the Union a}t,L Depot
hundredths Of a mile east of the state line he,
tween the States OF Kansas aRd A1ss0rIl t a. any ~
Wyandotte Leayenworth, Douglas; Jefferson.
from said State line heinz point about Isl
miles west from Irnction CITY Kan illclud-
Ing the spur or branch line extending from the
about sixteen one-hundredths of mile east of
teFmns near near the h corner Of Water and Free
MICS Ta sts n M San total sng Of q an
track Of i42 50 miles also lots. Yards teri
streets Isys @Rd other Tracts 0f land ana Isis tePf
or or wa ~4y % 1"eG r Ti or Pe9ce1 9F d1Ia9y S
rights and properties said The Union Fac1hc
Hallway Company has succeeded. for tie pnTrii nj
lands SO acquired or approprIate ted the title to
The Union Pacific Railway Company. also the
houses and other structures and facilities upon
s4ld 2H prem premises TSht Of way 81 stae9 al 1erFar ga
use use in connection with said railway properly
ticn houses, warehouses. machine shops; work
line of reflway also 5u the i9nds Interests and
structures pipe lines, appliances, facilities and
to the water supply upon or along said line Of
purposes thereof: also an undivided ten per
and other cars. and ali other equipmsent and
way Company and Of ali interest Of said The
Union Pacihc Railway Company in any other
equipment or rolling stock so owned or in which
Company for the PURPOSES Of said raiiraad and
InortsaGed premises or necessary for The run
ming and operation thereof: also all the lines Of
dxt1res and Appliances belonging to the said
connection with said mortGaged premises; also
all f1urniture, fixtures. appliances. apparatus.
vided by said company for use in connection
various Offices Of said railway company upon or
all the property of said The Union Pacific Rail-
way " company nj and az az ITS rlghts & and interests
whether Of the character In said decree de-
and franchises Of said The Union Pacific Ran
cessor The Union Pacifc Railway CompssSnvs sS sue Sc
isss. issnehiSS pertain 10 the SAID mOFtsaged prem
In accordance with the terms and provisions
Of Of said decree 57 s3id premises viii be sold and
the purchaser viii take the same subject to and
saving only the rights in said decree expressly
excepted and reserved. including the rights of
navment Of expenses and igbiities i5ca Ana me ne
and the right Of the Government to have the
Reasonable rates of eompensa tion not to exceed
Of service Of th Said teeerabS fS the the
and raToad for the ira tTansmission & Of despatehes
Of mails troops and munitions of war sun
the GoVernment W2enevet requred bF Sn4 be f9.
partment thereof; and the rights of the Aineri-
Equipment Trust Indenture Of The Union Pacifc
octo6eT l. 1851 10 the extent and 50 far as 'tf the
Inent therein embraced which pertains to SAID
mortgaged properly o,t and to the extent Of the
under in said decree found and the rights OF
pgrcse T9qs as hereinater Stated by the
AS provided by said decree:-
Said mortgaged property will be sold as an
entirety and IN one one parcel Pad The Special Master
sale from time to time and may. Without out fi fHr
ther notice proceed with bsI said sale sale on day
The Speclsd aaster re bI VII t reeg19 no bid from
at least five days Before the afe Of
he will make good his ob PIG 6od in case Of It's ae
of which shall be in cash. and the rest may be in
rbe speea Mser w NO BID
for said railroad, franchises and property less
Upon the acceptance Of any bid. the person
or 9osif With The Special Master on account
thereof. further sum equal to ten per cent Of
bonds BON which may have, been previously dePos-
he'd he wogd og h make and maRe good his M Be
Of him to BE- deposited, as aforesaid. on the
ceptanee of his bid In case 3 any r. bidder i'd or
It's acceptance by the Special Master or shall
ance due upon his SAD @ n1 IN eons1ind f ma & 99
forfeited as a penalty for such failure, and viii
a. resale and toward making good any deficiency
or loss in case the property shail be sold at
and further purposes which the Court may di-
Any party to said cause or an any .i holder or
ca &c Bonds may bid and purchase at such sale
II any sale for which a deposit mas beeh Ilade
shall moi he confirmed by the Court. such de-
p1sit viii be returned to the bidder. and the
dennsit of anv unsuccessful bidder VIII be re-
turned to him when hid has been accepted.
The purchaser whose bid shall have been ae-
eeuted by the Special Master at said sale shall
make paxmeuts in cash. or in cash and Eastern
Tivisidn bonds and unpaid coupons OF the sum
remaining due upon his said bid. arteF the ap-
1,li4.s ffon thereto of the amounts heretofore
de00sfted nv him. as follows:-Twenty-five f25
" y : ner cent of said amount remaining due
IN Sstd bid shall be paid within thirty days af-
81 81. -. con6rnatfon Of the sale: a further
tyyentv-five ie5 D. e. per cent Of said amount
shall be paid within forty days after such con-
jirTnation; further twenty-five 20 2; g. Der
cent Of said amount shall be PAID within fifty
tSTT'aTty-five % n O. per cent Of said amount
ss%eTi ba mid within sixty days after such
frmation Provided however. that the pur-
el1aser shall have the right to anticipate all
either Of said payments by making the same; or
times than herein stated Said Eastern Di-
fba evfenf that they shall he rendered to the
Master in payTpent of said hid. viii be accepted
ond taken bv him IN such payment at the par
,SaIne the reof together with interest unpaid
- - Tf,ta TrTn oFc cof