The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-11-16


Rane the Kansas Pacie Raiw5y GonDan N
together with the equipment, nxtures, fran
chises, and property of every kind and de-
seription Of said company. and in considera-
ton of which subsidy bonds were issued. in
Guiding the railroad and telegraph line OF
tending from the State Line between the
States q Missouri and Kansas, a distance Of
500 1916 miles Westwaroly 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
Raflvs1 q distance Of X r1iJas ~ The Sfate
boundary line dividing the States of Kansas
In accordance with the terms and provisions
the purchaser thereof win take the same sub
Of the UntaG States to have az t9 the pree
ence al an times IN the use, at fair and
reasonable rates of compensation, not to ex-
coed the amounts paid by private parties for
line and railroad for tho fr1ns-aiseflr Of
dispatches over said telegraph line. and the
of war. supplies and public stores upon said
railroad for the Government, whenever re-
Quired by any Department thereof. and SUBJ
tect to and saving the title of the American
the Equipment Trust Indenture OF The Union
Pacific Railway Company to said American
1887. to the extent and 50 far as said in
tire{1 ,I15 POI az In % tAig ~,
United States, and TO the extent Of the out
the $507 900 of bonds hereunder and subject
to and saving the rights and lien of the hold
Raiivav Comnanv Eastern Divisja9 A1g1et
1st, 1861, to Henry M Alexander and John
and saving the rights ana lien Of the hold
ers Of the 1903 900 Outstanding bonds Sc
cured by the mortgage made by the said
ern Division, dated June -1st, 1866, to John
Edgar Thomson and Adolphus Meier as
of possession and lien of the said receivers
Sage and George J. Gould. trustees. 10
foreclose a mortgage under which they are
Of the right Of possesssi6n Of said recejvers
and their lien for the payment of any def
cheney in operating expenses while managing
said railroad, if the same should, after said
DEGREES. be found exist and be allowed by
the Court upon the settlement Of their ac-
As provided by said decrees:
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 him. at his Office in Omaha,
Of the sale mentioned in this notice, as a
pledge that he will make good his bid in
case of its acceptance, the sum of $780,
The Special Master will accept no bid for
said railroad, FRANCHISES. and property less
than the sum Of 81. 500 900 in cash. and IN
may adjourn the sale, and apply to the Court
for further instructions. Upon the accept
ng the Same e9 shai fer54With deposit With
the Special Master. on account thereof, a
posted as a pledge. shall equal fifteen per
bidder shall fail to make good his bid upon
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 of said sale shall fail to
pay the balance due upon his said bid in
in cash so deposited by such bidder or pur-
chaser will be forfeited as a penalty for sucn
Of the expenses Of a resale and toward max
ing good any deficiency or loss IN case the
such resale, and to any other and further pur-
poses which the Court may direct. Any party
to said causes or anv holder or holders Of
first mortgage bonds may bid and purchase
has been made shall not be confirmed BY, le
Court. such deposit will be returned to- the
bidder will be returned to him when a bid
shau nave been accepted by the Speclal Mas
ter at said sale shall make payments in cash
after the application thereto of the amounts
theretofq { deposited by him. as follows;
remaining due on said bid shall be paid
within thirty days after the confirmation of
the sale; a further twenty-five $3.50 per cent
Of said amount shall be paid within forty
ty-ive $3.50 per cent. of said amount shall be
ton. and a further twenty-five t259e) per cent
of said amount shall be paid within sixty
ever that the purchaser shall have the right
to anticfPate any or all Of SAID payments by
earlier time. or earlier times, than herein
The Master may accept certified check
upon. or certificate of deposit of any Ma
tfonal bank or trust company which is satis-
factory to him, a payment or a deposit
of cash instead of money, in any case in
required to obtain cash. The proceeds of the
accepted bid will be applied to the payment
Of the amount owing TO the United states.
whether due or not secured by its Subsidy
shall be paid in full and the surplus if any
viii be distributed by subsequent orders of
417o he caTa has haa7 co-1f nod
- his bid 10 the Master or to the United
states. and the receipt Of the Secretary Of
any part Of such balance shall be sufficient
The purchaser or purchasers. or his or their
ton and purchase price Of the property pur-
chased and IN addton t to The the Suns Tegured
receive the deed therefor upon the express
successors or assigns, shah pay satisfy.
and discharge the obligations, liabilities and
90 First. All the proper costs Of this cause
and Of the expenses Of the sale hereunder,
make the ale. Second. The charges. com
pensation. allowances. and disbursements of
the Connlanants. and any Of the other par
ties to this cause entitled thereto. their solio-
The said costs. compensation, allowances.
ehasers when they are fixed by the Court;
The purchaser, his successors, or assigns shall
nay any Of the claims described in said
der when bv the Court required. or shall pay
Master
required to discharge the same from time
time the Court may direct. And the
Court reserves the right and retains the pow
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 he
they .ail 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 viii execute
and deliver good and sufficient deed
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 or their successors and assigns
Upon the confirmation of such sale and the
conveyance Of the premises sold, the pur-
chaser or purchasers. his their successors
ana 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
g. 49,. q