The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-11-30


formerly of the Union Pacifce Railway Com
name the kansas Pacific Railway Company,
together with the equipment, fixtures. fran
scription OF said company. and in considera-
tion Of which subsidy bonds were issued. in
Guiding the railroad and telegraph line now OF
mon on fa t C1lllpany, *
States Of Missouri and Kansas. distance OF
- SoESst-i ~ a. az, 9; " ys4i f9
property in the State of Missouri, extending
Of the Kansas Paciic Railway now called
the Kansas Division Of The Union Pacific
Railway, a distance of 5l miles. 10 the State
boundary line dividing the States of Kansas
and Missouri.
Of said DEGREES. said property VIII be sold, and
the purchaser thereof Will take the same. sub
ent Of the GneG States To have ' the prefer
ence at all times in the use at fair and
coed the amounts paid by private parties for
line and railroad for the transmission Of
dispatches over said telegraph line. and the
OF war. supplies and public stores upon said
railroad for the Government. whenever re-
CURED by any Department therepI ana sub
Ject to and saving the title of the American
the Equipment Trust Indenture of The Union
Paeific Railway Company TO said American
dentuTe affects the portion of the equipment
therein embraced in the said lien Of the
United States, and to the extent Of the out
standing purchase money Indebtedness upon
the S5O7 900 of bonds hereunder. and subject
o
ers Of the S2,24O.OOO outstanding bonds secured
by the mortgage made by the Union Pacific
Isl 1866 TO Henry NJ Alexander and John
Edgar Thomson, as trustees. and subject to
ers Of the 81, o63 900 Outstanding bonds Sc
f Tne D Pac f RaiWay company the E sala
ern Division. dated June 1st; 1866, to John
trustees. and subject and saving the right
in the suit brought in said court by Russell
Sage and George J. Gould. as trustees, to
trustees made by the Kansas Pacific Railway
Company. dated May 1st 1879 70 the extent
and their lien for the payment Of any def
cheney in operating expenses while managing
said railroad. if the same should. after said
DEGREES. e found exist and be allowed by
the Court upon the settlement Of their ae-
counts.
said property covered by and embraced in
said Subsidy mortgage ard lien will be sold as
an entirety ana IN one parcel .-
TO nesfPon the saj sIe from tigpa ana fo ti5
and may. without further notice, proceed with
the said sale on any day to which the sale
The Special Master viii receive no bid from
any one Offering to bid who shall not have
deposited with him. at his Office in Omaha,
Nebraska, at least five days before the date
9 Of fRe nae m VII make 'e e6od his bid as in
case Of its acceptance, the sum Of 100000
The Special Master will accept no bid for
than the sum Of 81 500 900 in cash. and un-
less such sum shall be bid the Special Master
for further instructions. Upon the accept
ing the same shall forthwith deposit with
the Special Master, on account thereof. a
amount which he or they have already de
posted as pledge. shall equal fifteen per
rs sccentspc Nv The S1ecisI Na9tsr nv MAJ
ing within five days after such acceptance the
additional deposit with the Master. or. after
pay the balance due upon his said bid in
eorsummation OF his purchase then the sums
chaser will be forfeited a penalty for such
of the expenses of a resale and toward max
ing good any deficiency or loss in case the
property shall be sold at a less price upon
Doses Which the court may direct. ANY party
10 said causes or any holder or holders OF
first mortgage bonds may bid and purchase
has been made shall not be confirmed b. le
bidder and the deposit of any unsuccessful
bidder will be returned to him when bid
Ter at said SAFE shaII make payrnents in cash
Of the sum remaining due upon his said bid
after the application thereto Of the amounts
TWentyye 555SJ per cent Of said amount
so remaining due on said bid shall be paid
the sale: a further twenty-five ESQ per cent
S5vs afte1 such c6nfirInafio1: a further tvSe6
ty-ave $3.50 per cent Of said amount shall be
lion, and a further twenty-five $3.50 per cent
Of said amount shall be paid within sixty
davs after sIIrT confrrnat io1. Provided how
ever, that the purchaser shall have the right
10 anticipate any or all Of said payments BY
earlier time. or earlier times, than herein
The Master may accept a certified check eek
tonai bank or trust company which is salts
factory to him. as payment or deposit
which he is by the terms Of said DEGREES
aceePted 6d viii be applied to the payment
Of the amount owing to the United States,
mortgage and lien. until said Subsidy debt
shall be paid in fun. and the surplus II any:
win be distributed by subsequent orders OF
the Court After the sale has been confirmed
Of his BID to- the Master S . or to the United
States, and the receipt OF the Secretary Of
the Treasury. his proper subordinate. for
any part Of such balance shall be SUFFICIENT
The purchaser or purchasers. or his or their
successors or assigns. shall. as part considera-
ton and purchase price Of the property Par-
by said DEGREES to be paid. take the same. and
receive the deed therefor upon the express
condition that he OF they, or his or their
ana discharge the obligations liabilities. and
charges in said DEGREES specified as follows:
and Of the expenses Of the sale hereunder.
including the compensation and necessary ex-
penses Of ~the Special Master appointed to
make the SsaIe. Second. The charges. com
sns9n nd 9 9n8 Of f5 eFe2 5a OF
ties to this cause entitled thereto, their solic-
The SAID costs. compensation. allowances.
5d 6e6 tbev a2 xed By " the eh count
The purchaser his successors, or assigns shall
fe me Master or into the Court the MONEYS
required to discharge the same from time
TO time as the Court may direct. And the
Court reserves the right and retains the pow
and jurisdiction to take back and resell
the said property in case the purchaser, his
successors or assigns. fail to pay any OF said
or they @aH to pay any other part Of the
purchase price Of said property.
THAI upon payment of the purchase price
by the purchaser OF purchasers Of said prop
erty, the said Special Master will execute
and deliver a good and sufficient deed con-
veying all the said railroad. telegraph. roll
ing stock. and property Of every kind and
description 50 ordered to be sold. subject
a - exceptions
crees found and hereinbefOre stated. together
with all the franchises. rights. functions. i'm
ruunftfes and appurtenances belonging to
the said premises 10 such purchaser or pur-
cI1asers. or his or their SUCCESSORS and assigns
TIpon the confirmation Of such sale and the
conveyance OF the premises sold the pur-
chaser or purchasers. his or their SUCCESSORS
IL s.-I.lacr the noeae.z-nn