The Topeka state journal., 1897-10-26


psre the siR sv iiS SopanY IN
together with the eGuipment. fSiures iran.
chises, and property OF every kind and de-
tlon Of which subsidy bonds were issued, in
Guiding the railroad and telegraph line now OF
me Onlon Facinc Railway company, ex-
tending from the State Line between the
1893 1876 miles westwardIy to a point on said
railroad. together with spurs 10 wyandotte
property in the State of Missouri. extending
Of the Kansas Pacific Railway, now called
the Kansas Division Of The Union Pacific
Railway, a 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
ject to and saving the right of the Govern
ment of the United States to have the prefer
ence at all times in the use. at fair and
cee5 the amounts psi5 bSS TTiIf nsrtfes for
the same kind of service of the said telegraph
line and railroad for the transmission of
dispatches over said telegraph line. and the
transport tatlon OF mails, troops: and munitions
railroad for the Government whenever re-
quired by any Department thereof. and sub
the FSuipnent Trust fn5enture of The ITnio3
Psif I5sIl1sv SoTnnan t s9d ~ Ai9
Loan and Trust Company, dated October LIST.
1887, ato the extent and so far said in
denture affects the portion of the equipment
Therein embraced in the said lien of the
standing purchase money Indebtedness upon
the 9Sot .oOO OF zones thereuhSer, anu subJect
ers of the 81, 24O. 600 outstanding bonds secured
Railway Company. Eastern Division. August
4st 1862 to Henry NJ Alexander and John
and saving the o gg5s 6 and lien Of the hold
cured by the mortgage made by the said
Union Pacihc Railway Company, East
Edgar Thomson and Adolphus Meier. as
M6Fustees M an3 sGn}eGt @ 10 a ana sasahg g the FgTs
in the suit brought in said court by Russell
fo4ecose and ortgaSe G3der Witch tbey arc
trustees made by the Kansas Pacific. Railway
q
Of the right of possession of said receivers.
and their lien for the payment of any def
said railroad, if the same SHOULD, after said
the Court upon the settlement Of their ac-
As provided by said DEGREES:
said property covered by and embraced in
entirety and in one parcel.
The Special Master has the power and right
and may. without further notice, proceed with
may SaG have S been p adjo1rned j % winch 's
The Special Master win receive no bid from
any 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 $5Oo,OOo
The Special Master will accept no bid for
said railroad. franchises. and property less
less such sum shall be bid the Special Master
may adjourn the sale. and apply to the Court
LOT IuFther .i , Upon me aeGePe-
ing the shall forthwith deposit with
further sum in cash which. together with the
amount which he or they have already de-
cent O5g6) OF the accepted bid. In case any
its acceptance by the Special Master by max
ing within five days after such acceptance the
the confirmation of said sale shall fail to
pay the balance que upon ms said pld IN
in cash 50 deposited by such bidder or pur-
Hre van ana O w be- apped toWaT9
Of the expenses OF a resale and toward max. Ak.
property shal: be sold at a less price upon
poses which the Court may direct. Any party
to said causes or any holder or holders CT
at such sale. If any sale for which a deposit
has been made shall not be confirmed by le
Court, such deposit will be returned to the
bidders and the deposit of any unsuccessful
has been accepted. The purchaser whose bid
shau nave been accepted by the Special Mas Mas
of the sum remaining due upon his said bid
after the application, thereto of the amounts
Iwenty-tlye (29se) per sent, or saiq al, aInounI
within thirty days after the confirmation Of
of said amount shall be paid within forty
days after such confrmati tion; further TWEEN
paid within fifty days after such confrma-
Of said amount shall be paid within sixty
days after such confirmation: Provided. how
to anticipate any or all Of SAID payments payne by
earlier time. or earlier times, than herein
upon, or a certificate of deposit OF any Ma
tional bank or trust company which is salts
factory to him. a payment or a deposit
which he is by the terms Of said DEGREES
required to obtain cash. The proceeds OF the
accepted bid will be applied to the payment
whether due or not, secured by its Subsidy
shan he Maid in flIIl and the surnIus If anV
will be distributed by subsequent orders of
9 o9e TI G tb Psy 'ne M The Tniteg
the Treasury. or his proper subordinate, for
sRy Daet % Of m such BaaFee shah be Sucien
The purchaser or purchasers. or his or their
tion and purchase price of the property pur-
chased. and in addition to the sums required
receive the deed therefor upon the express
successors or assigns, shall pay. satisfy;
and discharge the oblIgations: liahilities; ana
'' First. All the proper costs OF this cause
Including the compensation and necessary ex-
Bense Of he sgeciaI can Master b SPP9ned to
pensation. allowances, and disbursements of
ties to this cause entitled thereto. their sOlie-
itors and counsel
and disbursements shall be paid by the pur-
The purchaser. his successors. or assigns shall
nay any of the claims described in said
to the Master or into the Court the moneys
required to discharge the same from time
to time as the Court may direct And the
Court reserves the right and retains the pow
er and jurisdiction TO take back a ana reSeii ,,
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 or purchasers Of said prop
eTty. 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 50 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, 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 or their successors
and assigns, shall, subject to the possession on
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 appertain-