The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-07

The PURCHASER or puSenasers. or his or ss-.r
successors or assigns. shall. part considera-
zion and purchase price Of the property pur-
chased and IN addition 70 the sums required
same. and receive the deed therefor mon the
express condition that he or they, or his or
their successors or assigns. shall DIV. satisfy.
and discharge the obligations. liabilities. and
charges in said several DEGREES, specified as
follows: First an the prgper Costs OF this
cause ana Of the expenses Of the sale hereun-
der. including the compensation and necessary
expenses OF the Special Master appointed to
sation which has been shall be allowed
the Receivers IN this cause. their solicitors.
ard any unpaid indebtedness and liability Of
the Receivers incurred in the management and
operation Of the mortglged premises since DC
teber 10, 1888, which is either established or
unqHestioned at the time of the delivery of the
satioiA allowances and disbursenlents OF the
Complainants and any Of the other parties to
this cause. entitled thereto, their solicitors and
counsel. Fourth \ sum equivalent 10 inte-
rest at the rate six per cent per aunU1I from
the date of this decree To a date of payment to
be hSed by the Special Master upon the entire
shall not have been presepted by the purchaser
on account Of his bid Fifth The payment OF
rest on matured First Mortgage bonds now nm
paid, to the amount of Slo2,g3Q as found In
article Eight hereof, which shah not haze ~,
property to the purchaser Sixth All unpaid
Indebtedness and obligations, If any such there
be, which have been legally contracted er in
Cured by the Receivers in this cause in the
operation or on account of the property en-
braeed in said First Mortgage OF The Union
Pacific Railroad Company at any time before
the same shah be delivered to the purchaser or
pensatiou which has beeu or shall be allowed
by the court to the receivers or their solicitors
in the cause in which Oliver Ames, Second,
Samuel Carr, and Others are complainants.
and The Union Pacific Railway Company and
others, are defendants, pending in this. court.
and known as the 'AmeS cause. and all such
unpaid Indebtedness. obligations and liabilities
Of the said receivers in said Ames cause which
shall have been allowed or legally contracted
OF incurred by the said receivers in the opera
ton of said property embraced in said First
Mortgage. and shall be properly chargeahle to
said property to the extent to which the reTe-
nues and assets in the hands of said receivers
in said Ames cause shah be insufficient TO pay
ness. obligations. and liabilities in said cause.
Seventh. ANY Indebtedness or liability con-
tracted or incurred by the Defendant, The
Union Pacific Railway Company. or by the
said Receivers in the said Anes Cause In the
Speraton OF the properly covered BY ana adv e
her 1St. 1865. prior to the appointment of the
Receivers in the cause herein IN which Dexter
in lien to said First Mortgage and payment
whereof was provided FOR by order Of this
Court, dated January 2lst. 1895, in this cause.
aud which shall not, at the time Of such de-
livery of possession, have been paid or salts
fed out Of the income of the property in tho
hands of the Receivers. upon the Court ad,
Judging the same TO he prior In lien TO said
First Mortgage, and directing payment there
of: provided that suit he brought for the en-
f0rcement of such Indebtedness or liability
incurred by said Railway Company or Re.
statute of limitations applicable thereto after
such Indebtedness or liability was contracted
or arose"
disbursements specified in the first three of
the last foregoing numbered subdivisions viii
be paid by the purchasers when they are hxed
by the Court and the purchaser, his successor
assigns. shall pay any OF the claims de-
scrbcd in said DEGREES when by the Court re-
CURED, shall pay to the Master, or into
tbe reoujre1 discharge the
same from time TO time as the Court mag d.
rect; and in the event that the said purchaser
or purchasers, his their assigns. shall
refuse after demand. TO pay any indented-
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 State Court
or any other court of competent jurisdiction,
may, upon fifteen days notice to said pur>
chaser or purchasers their successors or as
signs. file his petition to have the said claim
enforced against the property aforesaid in &C
cordaDce With the usual practice in claims or
q similar character aud such purchaser os
purchasers. his Or their successors or assigns,
shall have the right TO appear and make de-
fence to any claim debt. or demand so sought
to be enforced. and either party shall have the
right TO appeal from any Judgment decree Of
order made thereon or with respect thereto
Jurisdiction Of said causes is retained by the
Court for the purpose of the foregoing proVf-
sions. and the Court reserves the right 70 re-
take and resell said property in case the pur-
chaser or purchasers his op their SUCCESSORS
or assigns shall fail to comply with lnyHordel
of the Court in respect to the payment or
such prior Indebtedness or liability within
thirty days after service of copy of judg-
ment. decree or order requiring 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 and Jurisdiction
to take back and resell said property in case
the purchaser. his successor or assigns fail
10 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 provision for the pay
Inent thereof as the Court shall aPproyesethe
Special Master Will execute and detver
3 good and sufficient deed conveying all the
said railroad telegraph. rolling stock ana
property of every hind and description iDelrc-
ing any property and income acquired or re-
ceived by the receivers as receivers in said
foreclosure causes. through the operation OF
the mortgaged premises and any properly ae-
quired by the Receivers In the Apes cause or
appropriated by them for the use of the rail-
road and telegram covered by the said First
Mortgage or necessary to the said railroad
and telegraph line for running and operating
the same together with all the franchises.
rights. functions immunities and appurte-
nanceS belonging to the mortgaged premises.
subject always, to all the Indebtedness and
liabilities Of the Receivers and the property
as specified in said DEGREES. to such, pur-
chaser or purchasers, or his or their success
ors or assigns and upon the execution anG
delivery Of such deed the grantee thereunder
shall I've let into possession of the premises
party to said foreclosure causes who is IN pos.
session Of any of the same shall deliver such
property over to the PURCHASER ar purchasers
his or their successors or assigns. together
with any property acquired by the Receivers
In said causes appartaining to the line OF rail-
road in said mortgage mentioned. that has
not been applied. shall not be otherwise
applied, in pursuance Of the orders OF the
Court. Such possession vii nevertheless nc
subject 20 tho condition that the Court MAJ
retaka and resell the nrnnerty conveyed. II
case the purchaser or purchasers, his or thei'
successors or assigns. shall fail to pay any
balance Of the purchase price remaining I'M
paid. or to comply with any other provision
contained in said DEGREES.
For further particulars. including those relar
inc to the mortgage debt. prioritles of liens
defaults dtsmssalS Of bills Of complaint NJ
against certain of the parties named in the
said titles of said causes, the deeds TO pur
chaser and the nature and ambitions Of IN
possession, reference is hereby made 10 salt
DEGREES WILLIAM n. CORNISH.
Special Master.
Dated August 24th. 1897
Winslow S. Pierce No. 1875 Broadway
New York CITY. n Y.
Il S Hall Omaha, Nebraska,
Solicitors Tor f. Gordon Dexter and Olive
Ames Second. Trustees. Complainants.
Notice TO Contractors.
SEALED PROPOSALS FOR IN
provtments to Salt cake count.
infirnary VIII be received at TIN
L. ~