Kansas City journal., 1898-01-25
LEGAL NOTICES.
LEGAL NOTICES.
NOTICE OF SALE.
KANSAS PACIFIC RAILWAY,
Government Subsidy Mortgage
Foreclosure Causes.

government SuDSldy Mortgage
Foreclosure Causes.
decree of foreclosure and sale made and en-
States for the District OF Kansas on the 30th
day Of July 1897. in certain cause in equity
sas arATEs 11s OF 9a AMEfG snt,lea compaa
Wsy ant. asaHss IHE UNION PAGIFIc KALI
and existing under the laws Of the siifi United
States OF America; HENRY NJ. ALEXAN-
59HN RGk and SGHT r DIoN dhd iSv AZ
GE3RGE J; GOULD. as Trustees: THE
Trnsise; The AMERicAS LOAN AND
TRUST COMPANY. a corporation organized
as trustee JOHN e and
sis i; @ Il. CLARK; OLIVER v. IISS:
COuDERT. and JOHN W. DOANE. Receive
@ @srs now In possession and operating the Rail.
certain other decree in cause likewise
entitled. in the Circuit Court OF the United
also entered on said July SJth, 1897.
l. WILLIAM D. CORNISH. as Special Mas
ter. win sell at public auction to the high
est b.cS:er or bidders at the station Of The
Union Pacific Railway Company n che CiK
Of Topeka. In the state OF Kansas on Thurs
s-ren oclock in the forenoon. all the ra,lroau,
telegraph. franchises rights functions. I'm.
munites. and appurtenances to the same be-
longing. rolling stock and property OF every
kind and description mentioned in said de-
rrees, and embraced in and covered by the sub
sidy mortgage and lien 10 the United States.
being the whole line of railroad and telegraph
formerly Of the Union Pacifce : iway Com
pany; Eastern Division ia ans D. lessor; in
together with the equipment. fixtures, fran
cnises, and property OF every kiId and de-
ton of which subsidy bonds were issued, in
Guiding the railroad and telegraph line now OF
tending from the State Line between the
States of Missouri and Kansas, distance g.
railroad, together with spurs 10 Wyandotts
and at Detroit, and the terminal railroad
property in the State OF Missouri, extending
of the Kansas Pacific Railway. now called
the Kansas Division Of The Union Pacific
boundary line dividing the States OF Kansas
and Missouri.
In accordance with the terms and provisions
OF said DEGREES. said property will be sold. and
the purchaser thereof viii take the same sub
1 to Of ad saHS sh T m OF .h the bree
at ali times in the use. at fair and
reasonable rates Of compensation. not TO ex-
seu the same . KIND Of service Of the said Telegraph
line and railroad for the transmission OF
transportation of mails, troops. and muaition.
of war; supplies and public stores upon said
railroad for the Government whenever re-
ject to and saving the title OF the American
Loan and Trust Company Trustee. shown by
the Equipmen. Trust lndenture OF The Union
racihc Hallway Company to said American
Loan and Trust Company. dated October LIST.
1857. to tho extent and so far as said in.
therein embraced in the said lien OF the
United States. and to the extent Of the out
the S5U1. 900 Of ionds thereunder, and subject
to and saving the rights and lien OF the hold;
OF the S2,24U,0 600 outstanding bonds secured
Raiiway Company Eastern Division. August
Edgar Thomson. as trustees. and subject to
and saving she ~. rights M and lien OF the hold
cured by the mortgage made BY the said
Union Pacific Railway Company. East
ern Division. dated June lst; 1865; to John
of possession and lien Of the said receivers
IN the suit brought in said court by Russell
Sage and George J. Gould. as trustees. TO
foreclose a mortgage under which they are
trustees made BY. the Kansas Pacific, Railway
Of the right Of possession OF said receivers.
md their lien for the payment Of any def
cheney in operating expenses while managing
said railroad. il the same should. after said
DEGREES be found 60 exist and be allowed by
counts.
AS provided by said decrees:
Said property covered by and embraced in
said Subsidy mortgage and lien will DO sold a.
an entirety and in one parcel.
The ss sas s m. ana
and may. without further notice. proceed with
the said sale on any day to which the sale
any one Offering to bid who shall not have
Nebraska at least five days before the date
of the sale mentioned in this notice. =
pledge that he will make good his bid in
case OF its acceptance, the sum OF $500. .00o
In cash.
said railroad. franchises. and property less
less such sum shall be bid the Special Master
tha and a,,yN1,y fN tha FNNt,rk
for further instructions. Upon the accept
ancs OF any bid the person or persons max
the Special Master. on account thereof. a
further sum in cash. which. together with the
soses which Dssre ss ss hs ss seS
cent. dST9 Of the accepted bid In case any
its acceptance by the Special Master by max
additional deposit with the Master. or: after
pay the balance due upon his said bid in
eonsummation OF his purchase. then the sums
chaser will be forfeited as a penalty for such
failure. and will be applied toward payment
Of the Of resale and toward max
such resale. and to any other and further pur-
to said causes. or any holder or holders Of
INST mortgage bonds may. bid and purchase
Court such deposit will be returned to the
bidder Will be ' returned to him him when bid
has been accepted. The purchaser whose bid
shall have been accepted by the Special Mas
OF the sum remaining due upon his said bid
after the application thereto OF the amounts
twenty-five $50 per cent. Of said amount
90 remaining due on said bid shall be paid
the sale: further twenty-five t2Sssl per cent.
OF said amount shall be paid within forty
DAYS after such confirmation: further twen-
fV-flNp
tion. and further twenty-a l25fs, per cent.
DAYS sat after % such conrmatioH: % i Provided. ] how how
ever. that the purchaser shall have the right
making the same. or any of them. at an
earlier time. or earlier times. than herein
Tho Master may accept a certified check
upon. or certificate of deposit Of any Ma
tional bank or trust company which is satis-
factory to him. as a payment or a deposit
OF cash instead Of money. In any case in
which he is, by the terms Of said DEGREES
accepted bid Will be applied 10 the payment
Of the amount owing to the United States.
mortgage and Hen. len until said Subsidy deb.
shall be paid in full. and the surplus. IL any.
the os by yas b.s sssn
the purchaser may pay the unpaid balance
Of his bid to the Master. or to the United
the Treasury. his proper subordinate. for
any, part Of such balance shall be sufficient
The purchaser or purchasers. or his or their
successors or assigns shall as part considera-
tion and purchase price Of the property pur-
| chased. and in addition to the sums required
by said DEGREES to be paid take the same. and
receive the deed therefor upon the express
condition that he they. or his their
successors or assigns. shall pay. satisfy.
ard discharge the obligations. liabilities. and
charges in said DEGREES specified as follows:
First. All the proper costs Of this cause
and Of the expenses Of the sale hereunder.
including the compensation and necessary ex-
| penses Of the Special Master appointed to
make tho sale. Second. The charges. COM
pensaton. allowances. and disbursements OF
the Complaiuants. and any of the other par
| ties to this cause entitled thereto. thc solie-
itors, and counsel"
The said costs. compensation. allowances.
and disbursements shall he paid by the pur-
chaserS when they fixed by the Court.
r. hall