The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-11-30
NOTICE OF SALE.
KANSAS PACIFIC RAILWAY.
EASTERN DIVISION
FORECLOSURE CAUSE.

FORECLOSURE CAUSE
Notice is hereby given that, pursuant to the
Tered BY the Circuit Court Of the United States
for the District OF Kansas on the Both day OF
IN said court sntitied Henry IT, Alexander
against The Union PACING Railway company.
Kansas PaSl1c Railway Company: A amer
Stewart and William Endieott. II. Trustees:
The Mercantile Trust Company. Trustee Silas
son john W. DoaEe and Frederie R. Co1dsert,
Union PACING railway Company: the United
states eta Of Ane e. and the GhiGag2
and in ACCORDANCE with a petition to the rus
after mentioned. ,petitioning said trustees TO
proceed to the sale OF the pToperIy AM it
has been fled With the Glerk OF saG S9aTt Mas
ter, win sell at public auction TO the h t1
The Union Uif Paciiic Rai i Company, in the
Guy OF Topeka, IN the STATE of Kansas, OF
Friday, the 9TH day of November. 1897
at II O'Clock in the forenoon, all the rail
f9aa {iea 6 90 fb Be
kind and description mentioned in the said de-
mortgage OF August 1. 1865. of the Y mon Pa
John Edgar Thomson and Henry NJ Alexander,
as trustees under which Henry M Alexander
and John f. Dillon are now trusteesl. Known as
the Eastern Division mortgage. and described
All the railroad, right Of way and railroad
property of The Union Pacific Railway Com-
connects with the tracks Of the Union Depot
hundredths Of a mile east of the State line. be,
extending westerly through the counties OF
Ny3ndotte heaEeRw0Tth DS9Ggi Las e9eTson;
the state Of Kansas. TO a point 14O miles Wesp
miles west from Junction city. Kan ineiud-
ing the spur or branch line extending from the
point of junction with the main line at point
about sixteen one-hundredths of mile east Of
man sts.. Wyanddfte. kan n distance Of DOS
miles IN all constituting q total length OF main
track OF 15359 miles; also Iots yaT9 46I [ss
Sigeets 1hsys and other tracts OF ln ana lens
or FOR I6e I4ion on PPSeic Rsiiwayp 6mDany or
By or for SAID railway COMBINES TO whose
fights and properties said The Union racine
poses Of said line of railroad. including all
witch stands in he naIIaes ~ frnstees for said
The TSion Paci6 ( aiIv1sy Comnsnv also The
shops freight cepots. office buildings, round
houses and other structures and facilities upon
and other grounds pertaining to or acquired for
us U.s. IN eohnection WITH sag TawAy pfoPeFig;
ton houses warehouses, machine shops; work
line of railway; also the lands. interests and
strnctgres pine lines appliances 1acillties and
TO the waite, supply upon or along said line Of
purposes fhereof also an Undivided ten per
cent OF all locomotives passenger cars Pull
man sleeping cars, dining cars, freight cars
rolling stock owned by The Union Pacific Rail-
Union Paes Raw va az Goman4 in Of a SgG other
equipment or rolling stock SO owned or in which
acquired or provided for or by said railway
mortgaged premises or necessary for the run
hg an9 operaItl9n 6here0f aaiSG al the INES OF
fixtures and applianees belonging to the said
connection with said mortgaged premises also
supplies and material o%ned acquired or pro-:
vld tL ~ sld company LOT use IN connection
various Offices Of said railway company upon or
all the property of said The Union Pacific Rail-
IN ana o To propertv Of everv S aa9 d nteFeSss
whether Of the character in said decree de-
and franchises Of said The Union Pacific Kaii
eessor, The Union Pacific Railway Company, so
far as the said property, rights interests and
franchises pertain to the said mortgaged prem
In accordance with the terms and provisions
of said decree. said premises viii be sold and
saving only the rights in said decree express 8
excepted and reserved. including the, rights Of
TO compensation for services rendered and the
them in operating the railroad and teieerap3
and the right Of the Government to have the
Reasonable rates Of COMPENSATION not TO exceed
same Kind Of service of the said teIegraph line Inc
and railroad for the transmission Of despatches
over said telegraph line. and the transportation
Of mails Troops and munitions OF war. SUP
the Government, whenever required by any De-
par 6a8 and T a ome e njs 81 s the 4meF
Railway Company 10 said trust company da ted
said indenture affects the portion Of the eauiB-
ment therein embraced which pertains TO said
pnTcbase money indeBtedness o1tsfa6dnr u fbe ire
under as in said decree found; and the rights Of
purchaser as hereinafter stated.
Said mortgaged property will be sold as an
entirety and IN one marcel The Special Master
sale from time to time; and may. without fur
f6 whieh the sale may have been On ad j6n cay
The Special Master will receive bid from
auv one offering bid who have d.
posted with him, at his office in Omaha.
sale mentioned in this notice, as a pledge that
he will make good BIS Sob 6i o. in case Of its ae
Of which shall be in cash, and the may Be in
F Fas9err me Speciai Master Viii accept no BID
for said railroad franShiS e and property less
Upon the aGceptanee Of any bid the person
post with the Special Master. account
Tie accepted lid in cash; but any cash and
bonds which may have been previously depos-
lied bv the successful bidder a pledge that
Teceived on account Of the amount 50 required
Of him to b. deposited, as aforesaid. on the ac-
cepIanee OF his hid IN case SEA any r., bigger h or
It's acceptance by the Special Master, or shall
ance due upon his said bid in contamination OF
ddef7Idpsited by such bidder or purchaser viii be
forfeited as a penalty for such failure, and viii
a resale and toward making goor any deficiency
f io3s i i UPON such resale and TO any other
and further purposes which the Court may d.
Any party to said cause or eny holder or
holders Of any of said Eastern Division Mort
"a ge Bonds may bid and purchase at such sale
II any sale for which deposit has been made
shall not be confirmed by the Court. such de-
Iposit will be returned to the bidder and the
3e1osit of any unsuccessful bidder will be re-
turned to him when a bid has been accepted
iTbe purchaser whose bid shall have been ac-
cepted by the Special Master at said sale shan
make payments in cash, or in cash and Eastern
i9tvfsi6n bonds and unpaid coupons Of the
remaining due upon his said bid. after the APP
1,l5-s zion thereto of the amounts heretofore
dan0sited bv him as follows:-Twenty-hv 20
n e ner cent Of said amount so remaining due
On said bid shall be paid within thirty days At
tS,..entv-6ye f25 D. e. per cent OF said amount
sbaii he paid within forty days after such con-
Grrsa Ron: a further twenty five rs p, e. per
cent Of said amount shan be paid within fifty
dqvs after such coufirma ton; aud q further
twenty five l25 p; g per cent OF said amount
sbsIi he paid within sixty days after such con-
s5-1,latio Provided. however that the cur
chaser shall have the right to anticipate all or
Si4her Of said payments by making the same. or
snv Of them. at earlier tlne, or earlier
4if,es than herein stated said Eastern d.
vision Norteage bonds and unpaid coupons, to
S5sster In PAYMENT Of said bid win be accepted
and taken by him in such payment at the par
interest uuuaid