The Topeka state journal., 1897-11-23

together with the equipment fixtures. fran
chises, and property Of every kind and de-
scription Of said company, and in eonsidera-
Guiding the railroad and telegraph line now OF
The Union Pacific Railway Company,
states Of Missouri and Kansas. distance of
393 1916 miles westwardly to a point on said
railroad, together with spurs 10 Wyandotte
property in the state Of Missouri extending
from the Union Depot, or eastern terminus
Of the Kansas Pacific Railway, called
the KANSAS Division of The Union Pacific
Railway. q distance of 81 miles. 10 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 viii take the same. sub
1eet TO and saving the right OF the Govern
ence at all times in the use. at fair and
reasonable rates of compensation. not to
iina and lima for +11 =, ~ ~, es;5+ ~ -
Of var SUPPLIES and nublic Stores res mon sa3
railroad for the Government. whenever re-
CURED by any Department thereof. and sub
1ect- to and saving the title Of the American
Loan and Trust Company, Trustee, shown by
the Equipment Trust Indenture of The Union
Loan and Trust Company. dated October 1st.
1ss7, sto the extent and SO far as said in
denture aHects the portion Of the equipment
therein embraced in the said lien Of the
standing purchase money Indebtedness upon
the $507 0oo of bonds hereunder, and subject
ers of the So s24O. 600 outstanding bonds secured
BY the mortgage made by the Union Pacific
Isl, 1865. to Henry NJ. Alexander and John
o'llS'n' q LIustees, 5iiu sLpJe9t 70
ers of the 81, O63. 600 outstanding bonds
cured by the mortgage made By the said
ern Division. dated June 1st 1866. to John
Edgar Thomson and Adolphus Meier, as
trustees, and subject to and saving the right
or possession and lien OF the said receivers
In the suit brought in said court by Russell
Sage and George J. Gould. trustees, to
trustees made BY the Kansas Pacific Halfway
Company, dated May 1st. 1879. to the extent
and their lien for the payment % Of any def
cheney in operattng expenses while managing
DEGREES. be found 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 win receive no bid from
any one offering to bid who shall not have
deposited with him.. at his office in Omaha
Diedge that he viii make good his bid in
case of its acceptance, the sum OF $5oo,OO0
The Special Master will accept no bid for
than the of 50. 500 900 in cash. and un-
less such sum shall be bid the Special Master
may adjourn the sale, and apply to the Court
for further instructions Upon the accept
Ing the same shall forthwith deposit with
further sum in cash which, together with the
amount which he they have already de-
cent. q5qs) of the accepted bid. In case any
bidder shall fan to make gooSd his pid upon upon
ing within five days after such acceptance the
additional deposit with the Master or. after
the confirmation Of said sale shall fail to
pay the balance due upon his said bid in
consummation Of his purchase. then the sums
in cash so deposited by such bidder pur
chaser will be forfeited as a penalty for such
failure, and will be applied toward payment
of the expenses Of a resale and toward max
property shall be sold at less price upon
such resale, and to any other and further pur-
10 said causes or any holder or holders OF
first mortgage bonds may bid and purchase
has been made shall not be confirmed b5a le
Court, such deposit will be returned toy the
bidder Will be returned to him when bid
has been accepted. The purchaser whose bid
shall have been accepted by the Special Mas
ter at said sale shall make payments in cash
after the application thereto of the amounts
d9P%zi[ed 1ie py hi ~ sa5
so remaining due on said bid shall be paid
the sale; a further twenty-five (25G6l per cent
Of said amount shall be paid within forty
Ly-h'e 943{21 R9F ee8. OF s,d ft p SliaII @
PAD wi{h5n MY GAYS 9IteF 9d, na at
davs after such confirmation: Provided how
ever that the purchaser shall have the right
to anticipate any or all of said payments by
earlier time. earlier times, than herein
stated.
The Master may accept certified check
upon. or certificate of deposit Of any Ma
tonal bank or trust company which Is satls-
factory to him, as a payment or deposit
OF cash instead Of money N any any, case s.da IN
required TO obtain cash The proceeds or the
accepted bid will be applied to the payment
whether due or not. secured by its Subsidy
mortgage and lien until said Subsidy. debt
me Court. After the sale has been Confirmed
of his bid to the Master. or to the United
States. and the receipt Of the Secretary of
the Treasury. or his proper subordinate. for
any part of such balance shall be sufficient
The purchaser or purchasers. or his or their
successors or assigns. SHAH: as part eonsidera-
tion and purchase price of the property pur-
chased. and in addition to the sums required
receive the deed therefor upon the express
condition that he they. his or their
and discharge the obligations. liabilities. and
charges in said DEGREES specified as follows:
" First. All the proper costs Of this cause
inciuding tie Compensation and necessary ex-
make the ale. Second. The charges COM
p&nsatl9p pen nants and anS Of the other par
ties to this cause entitled thereto. their solie-
The. said costs compensation allowyences.
and disburseIAents shaII ee Ia+d pE lliS :, & p1t
The purchaser. his successors or assigns shall
der when by the Court required, OF shalI @ pay pay
to the Master or into the Court the moneys
to time as the Court may direct. And the
Court reserves the right and retains the pow
er and jurisdiction to take back and resell
the said property in case the purchaser. his
SUCCESSORS or assigns. fail to pay any Of said
claims when by it required, and in case hs
or they sail to pay any other part Of the
purchase price of said property.
That upon payment Of the purchase price
by the purchaser or purchasers OF said prop
erty, the said Special Master will execute
and deliver 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 appurtenances belonging to
the said premises TO such purchaser or pur-
chasers his their successors and assigns.
Upon the confirmation of such sale and the
conveyance Of the premises sold, the pur-
chaser or 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
premises and all the rights privileges, I'M
munities, and franchises thereto appertaln-
ing in said DEGREES provided.
For further particulars reference IS made