The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-30

ton and purchase price of the property pur-
to be faid as aforesaid and pad take the
same, and receive the deed therefor upon the
express condition that he they, or his or
their successors or assigns shah pay. satisfy.
and discharge the obligations, liabilities. and
charges in said several gecrees, specified
follows: First. all the prnper costs of this
cause. anG OF the expenses Of the sale heTeun-
expenses of the Special Master appointed to
make the sale. Second. Any unpaid compen-
sutton which has been or shall be allowed TO
The Receivers in this cause. or their solicitors.
and any unpaid Indebtedness and liability Of
the Receivers incurred in the management and
toher Is. 1893. which is either established or
unquestfoned at the time of the delivery of the
satton. allowances. and Disbursements OF the
Gomplainants and any of the other. parties to
counsel Fourth. sum equivalent 10 lnte-
rest at the rate rate six per cent, per annun from
be fixed by the Special Master upon the entire
a amqpnt Of First first Mortgage bonds Which
on account of his bid Fifth. The payment Of
aa M First rs ana pte
article Eight hereof which shall not haye
been paid at the time of the delivery OF the
property to the purchaser. Sixth. All unpaid
Indebtedness and obligations If any such there
be. which have been legally contracted or in
CURED ny the Receivers in this cause in the
hraeed in said First Mortgage of The Union
the same shall be delivered 10 the purchaser or
purchasers: and also any such unpaid COM
pensafion which has been or shall be allowed
10y the court to the receivers their solicitors
in the cause in which Oliver Ames. Second,
saps o Garr apa SthfPs are
others, are defendants, pending in this court,
and known as the 'Ames cause, and all IS, such
of the said receivers in said Ames cause which
shall have been allowed or legally contracted
ton of said properly embraced in said First
Mortgage. and shall be properly charSeabie 20
said property. TO the extent TO which the reve-
in said Ames cause shall be insufficient to pay
and discharge such, compensation. Indebted
seventh Any Indebtedness or liability con-
tracted or incurred by the Defendant The
SAID Receivers in the said Gmes Cause in the
operation of tue property covered by. and en-
5raced In the said First Mortgage of Noyrn-
Der lst 1868, prior to the appointment Of the
Receivers ig the cause herein in. which Dexter
and Ames are, complainants. which are prior
whereof was. provided. for by order of this
Court, dated JanuaTy 2lst 1S95 IN this cause
livery of possession have been paid or salts
fed out Of the income of The property In tho
Judging, the same to he prior In lien TO said
First M2TSags and ,t directing payment g +h there
forcement of such Indebtedness liability
incurred by said Railway Company or Re-
statute of limitations applicable thereto. after
such Indebtedness or liability was contracted
arose.
disbursements specified in the brst three Of
the last foregoing numbered subdivisions viii
be paid by the purchasers when they are fixed
by the Court and the purchaser his successor
assigns, shall pay any of the claims de-
scribcd in said DEGREES when by the Court re
quired shall pay TO the Master, or into
Court, the moneys required to discharge the
same from time to time as the Court may d.
rect; and in the event that the said purchaser
or purchasers, or his or their assigns, shall
refuse, after demand to pay any Indebted
ness or liability specified in the Fourth, Fifth,
Sixth and Seventh OF said foregoing numbered
subdivisions, the person holding the claim
therefor. whether established in a State Court
or any other court Of competent jurisdiction,
may, upon fifteen days notice to said pus-
chaser purchasers, their SUCCESSORS or as
signs file his petition to have the said claim
enforced against The property aforesaid in ac-
cordance With the VISUAL practice in claims OF
similar character; and such purchaser o.
purchasers. his or their successors assigns.
Shall have the. right TO appear and make de-
fence to any claim, debt, or demand so sought
TO he enforced, and either party shall have the
right to appeal from any Judgment. decree or
Jurisdiction Of said causes Is retained Big the
Court for the purpose of the foregoing provi-
sions aud the Court reserves the right to re-
take and resell said property in case the pur-
chaser or purchasers, his or their successors
or assigns shall fail to comply with any order
of the Court in respect Ia the payment oT
such prior Indebtedness or liability within
thirty days after service of q copy Of JudS
ment, decree or order recurring such pay
ment subject, however. to all rights of appeal
and stay of proceedings provided by law or in
said DEGREES set forth; and the Court reserves
the right and retains power aud Jurisdiction
to take back and resell said property In
the purchaser. his successor or assigns fail
TO pay any Of the said claims when by it re-
quired or in case of failure to pay any other
part of the purchase price of the property.
Upon payment Of The purchase price by the
purchaser or purchasers OF said property, or
upon the making OF such provison for the pay
ment thereof as the Court shall approve, the
Special Master will execute and deliver
q good and sufficient deed conveying all the
said railroad telegraph. rolling stock anC
property of every kind and description. includ
ing any property and income acquired or re
ceived by the receivers AS receivers III SAID
foreclosure causes. through the operation OF
the mortgaged premises and any property ac-
CURED by tine Receivers in the Ames cause or
appropriated by them for the use Of the rail
road and telegraph covered hy the said First
Mortgage or necessary to the said railroad
and telegraph line for running End operating
fhe same together with all the franchises,
rights fUuetious immunities and appurte-
nauces belonging to the mortgaged premises.
subject. always. to all the Indebtedness and
liabilities Of the Receivers and the property
specified in said DEGREES. to such pur-
chaser or purchasers. or his or their SUGGEST
ors or assiEns and upon the execution and
delivery Of such deed the grantee thereunder
shall lie let into possession OF the premises
conveyed. and the said Receivers and any
party to said foreclosure causes who Is IN pcs
session Of any Of the same shall deliver such
property to the purchaser or purchasers.
his or their successors or assigns. together
with any property acquired by the hecelYer5
in said causes appertainng to the line Of rail
road in said mortgage mentioned. that has
not been applied. or shall not he otherwise
auniied in pursuance OF the orders Of the
Court Such possession Will nevertheless be
fnhiect 10 the cerfition' that the Court may
retake and voroll the pr0perty conveyed. in
case tho purchaser or purchasers. his or their
successors or assigns. shall fail TO pay any
balance Of the purchase price Remaining uu-
paid. to county with any other provision
contained in said DEGREES.
For further particuIars: Including those reiat-
isG TO the mortgage debit. prioritles or liens,
against certain of the parties named in the
said titles Of said causes, the deeds 10 pur-
chaser and the nature and conditions of his
passesslon, reference is hereby mude to said
DEGREES. WILLIAM y. CORNISH,
Special Master
Winsiow S Pierce. No. 195 Broadway
New York CITY, y !.
IL s. HALL Omaha Nebraska,
Solicitors for T. Gordon Dexter and Olives
Ames, Second, Trustees Compliments.