The Topeka state journal., 1897-12-07

being the whole line of railroad and telegraph
formerly Of the Union Pacffce Railway Com
pany Oasast9ern DiyiSion;; ana its successor in
name f the IL; Ksnsss ss PaGinG Si 69ii%ay Company.
chises, and property of every kind and de-
tIon OF which subsidy bonds We're issued. in
Guiding the railroad ana telegraph line now OF
tending from the State Line between the
393 1916 miles westwardly to a point on said
railroad, together with spurs 10 Wyandotte
property in the State of Missouri extending
OF the Kansas Pacific Railway now called
the Kansas Division OF The Union Pacific
boundary line dividing the States of Kansas
IN accordance with the terms and provisions
Of said deerees said ProP3eTty 3 & VII be sold and
5ect TO and saving the right OF the Govern
ment Of the United States to have the prefer
reasonable rates Of compensation, not to
the same kind Of service Of the said telegraph
line and railroad for the Transmission Of
dispatches over said telegraph line, and the
6 % nnifes OF and nubIic rs and mum ions
railroad for the Government. whenever re-
quired by any Department thereof. and sub
}ect to and saving the title Of the American
% ne oHlon
Loan and Trust Company. dated October 1st.
therein Embraced in the said lien Of the
the S507 600 of bonds thereuader. and subject
to and saving the rights and lien Of the hold
ers of the S2,24O, 600 outstanding bonds secured
BY the mortgage made by the Union Pacific
EailwssY s comPqny 23 E9steEn Division August I
Edgar Thomson. m as trustees, ana subject to
and saTin the , rsh5s s and lien Of the hold
Union Paci6c railway Company. .-ie East Srst-
ern Division dated june 1st 1856 to John
Edgar Thomson and Adolphus Meier
Of possession sion and lien of the said receivers
in the suit brought in said court by Russell
Sage and George J. Gould as trustees, to
foreeiose mortgage under which they are
Company. dated May 1st, 1879. to the extent
Of the right of possession Of said receivers.
said railroad. II the same should. after said
decreas be found go exist and be allowed by
the Court upon the settlement OF their ac-
As provided by said DEGREES:
Said property covered by and embraced in
said Subsidy mortgage and lien Will be sold
an entirety and in one parcel
to postpone the said sale from time to time
and may. without further notice, proceed with
may have been adjourned.
The Special Master will receive no bid from
any one Offering to bid who shall not have
deposited with hin him "a at his Office & in Omaha
Of the sale mentioned IN IN this notice as a
case of its acceptance, the sum of 5000 600
The Special Master will accept no bid for
said @railroad. franchises and property less
less such sum shall be bid the Special Master
may adjourn the sale. and apply to the Court
ance of any bid the person or persons max
ing the same shall forthwith deposit with
the Special Master, on account thereof. a
further sum in cash, which, together with the
posited 5iG as SiSi pledge. ed shall equal f5eeR per
cent d2Se} Of the accepted bid II, In cas- case any
its acceptance by the Special Master by max
ing within five days after such acceptance the
additional deposit with the Master, or. after
the confirmation ,Ei Of said sale h shall 4aI 4aII to
contamination Of his purchase. then the sums
chaser win be forfeited as a penalty for such
failure. and will be applied toward payment
rr6nert1S us ebai, he soid at a less nrfce unon
such resale. and to any other and further pur-
poses which the Court may direct Any party
h-st mortgage bonds may. bid and purchase
has been made shall not be confirmed by le
Court. such deposit WilH-I be returned to- the
6der 6dder w f be s returned 5ii to to him When bid
mas peen afeepteo, t me Pur @ sIiI MI ot
ter at said sale shall make payments in cash
after the application thereto Of the amounts
theretof9re ore, deBBosited B by him; a;d as f0nows
remaining due on said bid shall be paid
tRe enin saie :' further twenty i've 259} per cent
Of said amount shall be paid within forty
0ays after such coufrmatiCn further TWEEN
ty-hve C25q6) per cent. of said amount shall be
tRion and further tWentydve $50 per cent
of said amount shall be paid within sixty
days after such confirma ton; Provided. how.
ever, that the purchaser shall have the right
to antiePae pat any or all v Of said @ pam Payments by
earlier time. or earlier times. than herein
The Master may accept certified check
ur.n or certificate OF DEPOSIT ot any ara Ha
factory to him. as payment or deposlt
Which VI ehs he IS By the terms Of said DEGREES
REQUIRED to obtain cash TIE p ProGeeds zee OF tnf
Of the amount owing to the United States
InoTtgage and lien. until said Subsidy debt
shall be paid in full, and the surplus. If any.
will be distributed by subsequent orders of
the Court. After the sale has been confirmed
me pur6hase 6i t Master or to the tinted
States and the receipt of the Secretary of
any part OF such balance shall be sufficient
The purchaser or purchasers. or his or their
successors or assigns. shall. as part consdera-
erased and in addition to the sums required
by said DEGREES to be paid, take the same and
e9ncsssnrs or assigns shall pay satisfy
charges in said HecTees specified as follows:
and OF the expenses Of the sale hereunder,
including the compensG tl9n ana nscesssry ;.y7 X
MAKE pgiiS the . Sie Second. The charges. com.
tbe C53n and any Ct the other par
ties to this cause entitled thereto. their solic-
The said costs. compensation, allowances
chasers when they are fixed by the COURT;
The purclaf ser. his successors or assigns Shall
pay any Of the claims deserlned IN iiS sa1p av Sr
TO tie Mester or into the Court @ me f niot5 tiTs
required to discharge the same rom n, titEe the
TO time the Court may direct. ana ms me
Court reserves the right H-iu retains nv
cr and Jurisdiction to take back and resell
the said property in case the purchaser, hi5
salcce ssors or assigns. fail to pay any OF said
claims when by II required, and in case he
or they sail to pay any other part OF the
purchase lrice Of said property.
That uptn payment of the purchase price
by the pure. .,aser or purchasers Of said prop
ertv the sad Special Master viii 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 80 ordered to be sold. subject
to the prior liens and exceptions in said de-
crees found and hereinbefore stated together
with all the franchises. rights. functions lfii-
rnunfties and appurtenances belonging to
she said premises to such purchaser or pur-
oaasers. or his their successors ana assiBI,s.
tEpoI the confirmation of such sale and the
corr3 eyance Of the premises sold. the pur-
and resigns shall subjeet to the possession
and r yhts of said Receivers Rna sppleSgt g 20