The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-05

formerly Of the Union Pacifice Railway Com
pany. Eastern Division, and its successor, in
name the Kansas Pacific Railway Company.
chises. and property of every kind and de-
scrIption Of said company, and in considera-
TIE fnion Pacc RaiIYay e!or ma Y
+a1dfrg from The S+sfa line bat[5t1een tbs
States Of Missouri and Kansas. a distance OF
railroad, together with spurs TO WyandottS
and at DETROIT, and the terminal railroad
from the Union Depot, or eastern terminus
the Kansas Division of The Union Pacific
Railway, distance of 81 miles, to the State
boundary line dividing the States OF Kansas
In accordance with the terms and provisions
of said DEGREES, said property will be sold, and
the purchaser thereof win take the same. sub
Ieet to O. and T2Tng the right OF the Govern
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
transportation Of mails, troops. and munitions
railroad for the Government. whenever re-
quired by any Department thereof. and sub
5ect to and saving the title of the American
Loan and Trust Company, Trustee, shown by
the Equipment Trust Indenture of The Union
Pacific Railway Company to said American
1887, to the extent and SO far as said in
therein embraced in the said lien of the
United States, and to the extent of the out
the 500. 900 Of bonds Hereunder, and subject
10 ana SaVsg 2 NE 0o end men OF me nUa
by the mortgage made by the Union Pacific
1st, 1865. to Henry NJ. Alexander and John
Edgar Thomson, as trustees, and subject to
and saving the rights and lien Of the hold
ers of the 81, O63 600 outstanding bonds Sc
Union Pacific railway Company East
ern Division, dated June LIST, 1866, to John
trustees. and subject to and saving the right
Of possession and lien Of the said receivers
Sage and George J. Gould, as trustees. to
trustees made by the Kansas Pacific Railway
Company dated May 1st. 1879. TO the extent
and their lien for the payment of any def
said railroad. if the same should, after said
DEGREES 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
The Special IN Master has the power and right
TO POSTPONE the sald . sale from time to time.
the said sale any day to which the sale
The Special Master will receive 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
OF the sale mentioned in this notice. as a
case Of its acceptance. the sum of 100000
The sPseal Master viii ACCEPT no bid FOR for
than the sum Of 81. SOC. 600 in cash. and IN
less such sum shall be bid the Special Master
for further 6 instractions 1 Upon the "a" accept
ns t 5e a ga BID sa h f e16s Wh
the Special Master, on account thereof a
amount which he or they have, already de
Posed as P6eage sha S9gal IN css PeT
bidder shall fail to make good his bid upon
ing within five days after such acceptance the
additional deposit with the Master, or. after
pay the Balance due upon his said BID in
consuTnmation or his purchase, then the sums
in cash so deposited by such bidder or pur-
chaser will be forfeited as penalty for such
of the expenses of resale and toward max
ing good any Genclency or loss IN case tHe
Such resale ear and to any otheT and further pnT-
fiIst mortgage bonds NAV bid and purchase
at such sale If any sale for which a deposit
has been made shall not be confirmed by ie
Court. such deposit will be returned to the
bidder. and the deposit of any unsuccessful
bidder viii be returned to him when a pid
shah have been accepted by the Special Mas
Of the sum remaining due upon his said bid
after the application thereto Of the amounts
go Ta4SSeiri1o d1 o pei said Ria sal he Daid
the sale: a further twenty-five (259tl per cent.
days after such condrn1eation; a further TWEEN
aj5 v}iSI291 Fftv deve efter such c6nfrms
ton, and further twenty-five 1850 per cent
says tbs b 1STchager sbn nave the rgS
earlier time or earlier times. than herein
The Master may accept a certified check
tional bank or trust company which is, salts
f9ctoTy to him as payment or or a c 9eposl I
which he is by the terms OF said DEGREES
accepted bid will be applied to the payment
Of the amount owing to the United states
whether due or not secured by its Subsidy
mortgage and lien. until said Subsidy debt
will be distributed by subsequent orders of
the Court. After the sale has been confirmed
OF his bid to the Master. or to the United
the Treasury. or his proper subordinate. for
any part OF such balance shall be sufficient
The purchaser or purchasers. or his or their
ton and pUrchass Brice Of the property pur-
chased, and in addition to the sums required
receive the deed therefor upon the express
condition that he or they or his or their
and discharge the obligatons. liabilities. and
Ts IN All the pfop Costs Of s
and OF the expenses Of the sale he5sunder
penses Of the Special Master aPpointed TO 10
pensation allowances and disbursements Of
the Counl ainants. and any Of the other par
ties TO this cause entitled thereto. their solio-
The said costs compensation. allowances
and disbursements shall be naid by the pur-
ehasers when they are fixed by the Court
pay any Of the claims described in said or
der when BY the Court requ l- or shsd pay
TO tine as the Court may direct And the
Court reserves the right and retains the po-v-
er and jurisdiction to take back and resell
the said property in the purchaser. his
successors or assigns. fail to pay any OF said
claims when by it required, and in case hs
they all to pay any other part Of the
purchase price of said property.
That upon payment Of the purchase price
by the purchaser 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 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, i'm
munities, and appuTtenances belonging to
the said premises to such purchaser or pur-
chasers, or his OF their successors and assigns
Upon the confirmation OF such sale and the
conveyance of the premises sold. the pur-
chaser purchasers, his or their successors
and assigns shall. subject to the possession
and rights OF said Receivers and subject to
the prior and reserved liens and rights here
inbefore mentioned hold and enjoy the said
nremises and all the rights privileges i'm
in sal