The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-28


successors ar assigns shall. as part eonsidera-
ton and purchase price Of the property pur-
TO be paid aforesaid, aud paid, take The
same, and receive the decd therefor upOn the
express condition that be or they. or his or
and discharge the obligations. liabilities. aud
charges in said several DEGREES. specified rs
follows: First All the proper costs OF this
cause ana Of the expenses of the sale hcreuIl.
der including the compensation and necessary
expenses of the Special Master appointed TO
satton which has been or shall be allowed to
the Receivers IL this cause or their solicitors
the Receivers Incurred IN the management and
oncratian Of the mqrtgaged premises since DC
unquestioned at the time of the delivery Of the
Masters deed. Third. The charges compan-
Camplainauts and any Of the other parties to
this cause entitled thereto. their solicitors and
eonse' s1nr ~ q d sun eqnfaleit 10 mr. en.e
the date of this decree 70 4 date Of payment to
be hxed by the Special, Master upon the entire
O, aeeounf q bis BID. Fifth. The paymr9t Of
rest on maturrd First Mortgage houds now un-
article Eight hereof which shall not have
been Paid at the time of the delivery OF the
property to The purchaser. Sixth. All unpaid
Indebtedness and obligations, II any such there
be. which have been legally contracted or in
Cured by the Receivers in this cause in the
operation or on account Of the property en-
DfdCeQ III Sulu IInl MHTlEuRt III lHC OuIuH
paei6e Railroad Company at any time before
the same shall he delivered 10 the purchaser or
RuTcha;ssTs k ana also h any suca en-, qn b con
by the court 10 the receivers or their solicitors
in the cause in which Oliver Ames Second.
and The Union Pacific Railway Company and
others defendants. pending in this, court,
ard known as the 'Ames canse. and all such
unpaid Indebtedness obligations and liabilities
OF the said receivers in said AmeS cause which
mr. a
ton of said property embraced in said First
Mortgage, and shall be properly ,chargeable to
nucs and assets in the hands of said receivers
IN said Atnes cause shall be insufficient to pay
ness. obligations. and liabilities In said cause.
Seventh Any indebtedness or liability con
tracted or Incurred by the Defendant, The
said Receivers IN The said Ames Cause. In the
operation of tne property covered Ivy and en-
5raccd in the said First Mortgage of Noyem-
Receivers In the cause herein in which Dexter
and Ames are complainants. which are pri0r
whereof provided for hv order OF this
Court. dated January 21st 1S9n. 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 Mortgage. and directing payment there
forcame lit'G Of such indentedness or llablIty
incurred nv said Railway. Company or Re-
ceivers within the period allowed by The
statute of limitations applicable thereto. after
such indebtedness or liability was contracted
arose
The costs. compensation, allowances, and
disbursements specified In the lrst three of
the last foregoing numbered subdivisions will
paid by the purchasers when they are fixed
! the Court and the purchaser. his successor
or assigns. shall pay any Of the claims de-
scribcd in said DEGREES when ny the Court re-
qured, shall pay TO the Master. or into
Court the moneys required TO discharge the
same from time to time the Court may a.
rect; and in the event that the said purchaser
or purchasers, or his or their assigns. shall
refuse. after demand, 10 pay any Indebted
ness or liability specified In the Fourth. Filth.
Sixth and Seventh OF said foregoing numbered
subdivisions, the person holding the claim
therefor, whether established IN state Court
or any other court ar competent Jurisdiction,
may. upon fifteen dars notice to said pur.
chaser or purchasers. their successors or as
signs hle his petition to have the said claim
enforced against the property aforesaid in ac-
Corfance with the usual practice in claims OF
similar cbaraete III, ana such purchaser ssin %
shall have the right to appear and make de-
fence 10 any claim. debt. or demand So sought
10 be enforced. and either party shall have the
order made thereon or with respect thereto
Jurisdiction of said causes is retained ny the
Court for the purpose of the foregoing pTOVt-
sions. and The Court reserves The right to re-
take and resell said property In case the pur-
chaser or purchasers. his or their successor,
or assigns. shall fail to comply with any OrdeI
Of the Court IN respect TO the payment Of
such urIor Indebtedness or lIahliIty within
thirty days after service Of a copy of judg-
Tnrnt. decree or order recurring such nay
fnent. subject however, to all rights Of appea
and stay OF proceedings provided by Law or If
said DEGREES set forth: and the Court reserves
the right and retains power and Jurisdiction
to take hack and resell said property In case
the purchaser, his successor or assigns fai
to nay any of the said claims when ny 1t re
CURED. or. in 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. al
upon the making Of such provision for the pay
rnent thereof as the Court shall approve. tbs
Special Master will execute and delive
Il good ana sufficient deed conveying All thu
said railroad. telegraph. rolling stock anC
property Of every kind and description, inc!ud
ing any property and income acquired or re
ceireG ny the receivers as receivers In sait
foreclosure cau6es through the operation o
the norteaGed premises and any property ac
CURED ny the Receivers IN the Ames cause q
appropriated ny thom for the use or the rali
road and telegram covered ny the said Firs
and telegraph line for running aud opera TIM
the sume together With all the franchises
rights. functions. immunities and apnurte
nances belonging TO the mortSaged premiscs
euhiect. always, to al the Indebtedness an'
liabilities Of tho Receivers and the property
as specihed in said DEGREES. to such pur
chase or purchasers. or bis or their success
ors or assigns and upon the execution en-
delivery of such deed the grantee therounde
shall he let into possession of the premise
conveyed. md the said Receivers md m.
qossion of any of the shall deliver cue
property over to the purchaser ar purchasers
his or their successors or assigns. togethe
With any property acquired by the Reeeivet
in said GAUGES aupnrtslning to tho line af rail
road in sad mortgage mcutinned. TINT ha
not been applied. or shHli not Sr nthcrwis
snnlled IN pursuance If the orders Of tn
Court Such pcespestou VIII nevertheless h
subject Ia tho conGtiuu that the Court ma
retnke ord rceril the prorertv conveyed. i
ease The purchases or purchasers. his or thei
successors cr assigns. shall fail to pay an
balance Of the purchase price remaining IN
mid. or To comply with any other pT0TiSio
ccntnired IN said DEGREES.
Tor further particulars. tneludiuc thosa rels'
ing IN tdo mortgage leht. nriorltlps Of lions
drf9ults dismissas of hills Of complaint =
against certnin " the parties named in tb
said titles &c said causes. the deeds TO pui
chaser and the nature md conditions Of n
possession. reference Is hereby made To sal
DEGREES. WILLIAM y. CoHSl Si:
T Ratsd August , 18th ls2{ 1915 groadwa,
New York CITY, Y
II & HaU OmAlta. Nebraska,
Salicltarq rnr r. Cnriuu Dexter aud Olv'
Arles. Second. Trustees. compiutnauts.
SHERIFF'S SALE.
NOTICE Is HEREBY GIVEN TIA
/ pursuant to q decree of foreclosure an