The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-19

kind and description mentioned In said de-
Sidy mortgage and lien to the United States
formerly of the Union Pacifice Railway Com
pany, Eastern Division, and its successor, in
together with the equipment, hxTures, fran
ehises;, and property Of every kind and de-
ton of which subsidy bonds were issued. in
Guiding the railroad and telegraph line now OF
The Union Pacific Railway Company, ex-
tending from the State Line between the
1893 1915 miles. westwardly to point on said
aaH ran rI Iogetner with spurs 70 Wyandotte
property in the State of Missouri extending
of the Kansas PaciGc Railway, now called
the Kansas DIVISION of The Union Pacific
bo9ndaIy line dividing the States Of Kansas
IN accordance with the terms and provisions
o. SAD 9leerees said property viii be sold and
5eet 70 O. and md saving the right OF the Govern
ence at all times in the use at fair and
reasonable rates of compensation not to ex-
the same kind of service of the said telegraph
aver "a TOR the ii OF
of war. supplies and public stores upon said
railroad for the Government whenever re-
CURED by any Department thereof. and sub
}ect TO and saving the title of the American
the the ,EqulPment trust 1ndenture Of The Union
Loan and Trust Company dated october lst
therein embraced in the eaid nI lien ~ en-
standing purchase money indebtedness upon
the S5O7 900 of bonds thereu.lder, and subject
and saving the rights and lien of the hold
ers Of the 81 2+O0 600 outstanding bonds secured
by the mortgage made by the Union Pacific
RallWay company, Eastern Division. August
11sy' 1ouI; 70 I1eHIy n. Alexander ana John
Edgar thomson as trustees, and subject to
and saving the oe rights 5ht and lien of the hold
cured by the mortgage made by the said
Union Paeihc Railway Company, East
eTn DIVISION. dated June Isl 1856; to John
trustees ana Subject to ana saving the rigbt
in the suit brought in said court by Russell
sage and George J. Gould, as trustees. TO
f9Teclose a 7nqTtgage under Bhies they are
Company. dated May 1st 1879 to the extent
OF the right of possession of said receivers
cheney in operating expenses while managing
said railroad if the same should. after said
the Court upon the settlement of their ac-
As. provided by said DEGREES:
SAD property covered by and embraced in
an entirety and in one parcel.
The Special Master has the power and right
and may without further notice. proceed with
may have been On ad 3og y TO winch the sale
The Special Master win receive no bid from
any one Offering to bid who shall not have
deposited with him "a, at his office in onnsh a
Of the sale mentioned in this notice. as a
pledge that ne will make good his bid in
case Of its acceptance, the sum of $500, 0Oo
in cash
The Special Master will accept no bid for
said railroad. franchises. and property less
than the of 81. 500. 900 in cash. and IN
for further instructions. Upon the accept
ing the same shall forthwith deposit with
the Special Master on account thereof. a
further sum in cash which, together with the
amount which he they have already de-
cent. $50 of the accepted bid. In case any
bidder shall fail to make good his bid upon
ing within five days after such acceptance the
pay tB baiabce Due 1o3 sa5 his ead bd i0
o
in cash SO deposited by such bidder or pur-
fGre W ana 0 viii be- appe toRarG
Of the expenses Of a resale and toward max
property shall be sold at a less price upon
poses Whlch the Court may dlrect- Any party
to said causes, or any holder or holders Of
bs 49, f.1H go ~ w., ~ 80
bidder will be returned to him when a bid
has been accepted The purchaser whose bid
shan have been accepted by the Special Mas
Of the sum remaining due upon his said bid
Heretofore deposited BY him as follows:
Twenty-Five ESQ per cent of said amount
the sa Jys e5tvH 53I I,r cent
OF said amount shall be paid within forty
days after such confirmation: further TWEEN
ty-fve (25g5) per cent. of said amount shall be
ton, and further TWENTY-FIVE ESQ per cent
days after such confirmation: Provided how
to anticipate any or all OF SAID payments by
making the same. or any of them. at an
stated
The Master may accept a certified check
upon. a certificate of deposit of any Ma
tional bank trust company which is salts
of cash 70 nstead Of mdneI IN 9nv cas 0i
which he is by the terms of said DEGREES
accepted bid will be applied to the payment
Of the amount owing to the United States.
Whether Que or not, secured by us SUBSIDY
mortgage and lien, until said Subsidy debt
will be distributed by subsequent orders of
the Court After the sale has been confirmed
the purchaser may pay the unpaid balance
of his bid to the Master. 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
evidence of its payment.
The purchaser or purchasers or his or their
lion and p4rchase Brie Of the property Dur
chased and in addition to the sums required
receive the deed therefor upon the express
condition that he or they. or his or their
and discharge the obligations. liabilities and
First. IN All the proper costs Of this cause
and Of the expenses Of the sale hereund Ter.
perses of the Special Master appointed to
the Complainants, and any OF the other par
TORS. 10 and nd counsel 51a '''''s0
The said costs. compensation, allowances.
and disbursements shall be paid by the pur-
chasers when they fixed by the Court.
pay any of the claims described in said
der when by the Court required. or shall pay
to the Master into the Court the moneys
required to discharge the same from time
to time as the Court may direct. And tho
Court reserves the right and retains the pow
er and jurisdiction to take back and resell
the said property in the purchaser his
SUCCESSORS or assigns. fail to pay any Of said
claims when by it required, and in case he
they sail to pay any other part of the
purchase price of said property.
That upon payment of the purchase prica
by the purchaser or purchasers OF said prop
erty, the said Special Master viii execute
and deliver a good and sufficient deed
veying all the said railroad, telegraph, roll
ing stock and property of every kind and
description ordered 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
munites, 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-