The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-17
Special NOTICES.

make good the balance OF salu pau ,,rnndering |
~ in mart nv paving OF and suIttn i'r nor. |
OF W pdin,, Louds and overdue coupons ps ~,
faIuing thereto, secured by tu So.rne said |
foreciosed In and by the sala S ued nj such |
,yIr or wine as shall be equivalent 70 he
amount that the holders Thereon INC on |
entitled to receive thereon u in cash. The |
nlainti0 In said cause, or any nUonrtsnge |
holders of bonds secured ny guy nav hid |
foreclosed In and by sald ueoiee'
The pnrehaser or purchasers az SUN SCr s,,ch
shall 0s n mart OF the consideration, 20 nnid |
sale and in addition ~ 10 Sso 5nv upon the ex-
nress condition that to the extern and the !
money in the receivers MINUS 'ua.oiver-
rnrninrs and income during the vn,oke
hin boroin shall he insufficient TO n hs
snnh paymcnts said purchaser or punt,Nviith.
| crs or his or their assigns, VIZ. ~. md ali |
standing pay of and satisfy ai NY which
rccni~crSs Indebtedness or obligations Wn'Op -
! shall not he paid by the recelNcl Twenty
/ the income and earnings OF Nv Kali not
ho naid ont ~ the proceeds Of sale as set
| forth in the decree, whleh WaS t,r,ited by
/ after filed within period TO ~ n rno,S and
/ nm order OF said court, but only wnen a,id
| as ths court shall allow such claims anu
| adindCe them to he paid by tue pul.fid 'saie
The purchaser or purchasers an Iteration
shall also as a part OF the con ,yicc Maid.
therefor and in addition to the p1cS paw,
| take the property purchased upon .b ny tho
press condition that to the SN,dyn' md The
nIynj;,cs and income during the receiver
ship herein, and the proceeus o. 'u ie tbe do
the lands and premises deScri ,,Sqcc N 10 the
cree and held not to be subJcrt I'm 10 ~
mortgage in said cause forecloseu, snuii IN ~
insufficient to make such aylAehts sun ~
purchaser or purchasers, or ms OF nv w I'd
| Sims will Notwithstanding. pay on anu
satisfy all claims for damages on hceoitn'
of Injuries to persons or properly ~" INV
| volved in any suit or suits pending ~ uns
Of the courts of Harris county, TeXns,
against defendant the Houston ElectrIc
street Railway company ana an acc Uhe
within six months next before the appoint
ment Of the receiver herein for dalnnasses
to persons or property arising o9t OF ny ny
operation Of the property covered by lne
mortgage herein fureclcsed; anu all clallns
accruing within six months before the APP
pontment Of the receiver hereln' LOT ni"
tcral aud supplies sold defendant ana use9
by ii in the maintenance, operation ana
repair Of said property; hut all such Claims
| shall be presented by Intervention in salu
cause within three months from the datc OF
| this decree The master commissioner Is
directed by the decree to publish IN some
daily newspaper published IN tne tiiS nr o.
! sent such claims" and the purchaser or
purchasers. or his or their assigns, or the
property sold, shall he liable for none OF
determined and allowed by the court In
said cause upon such interventouS. All
of such claims not presented by interyen,
ton in said cause within the time limited
by this decree, shall be barred ana snall
not be enforciOle against the purchaser or
purchasers, or his or their assigns OF
against the property sold. And the pur-
chaser or purchasers shall be entitled TO
, appeal from any and all orders or DEGREES
/ In respect to such claim or any of them,
and shall have all the rights In respect to
, such appeals which the plaintiff, defendant
: or receiver in said cause would nave In
: case such appeals had been taken by any
of them.
The court reserves the right to retake
!, and resell said property in case of failure
= ! m he Of thp uurpho = purchasers,
. or his or their assigns, to comply with any
order of the court in respect to the pay
, | ment of receivers indebtedness, or prior
: lien claims within thirty days after serv-
u ice of q certified copy Of said order upon
said purchaser, or purchasers, or his or
, their assigns. All payments for any such
u | purpose made by the purchaser or purchas-
Z ers, or his or their assigns, in advance of
' the final account and discharge OF the re,
;, | cever, shall he treated as advances and
= subject TO the final adjustment upon such
u, accounting,
e The purchaser or purchasers of said prop
u erty shall also take same subject to all
J. taxes lawfully due thereon and to the valid
y claims or liens, II any, against or upon
same by the city of Houston for assess
u paving OF the streets of said city. and said
= sale shall be without prejudice to the right
I If any, which the said city may have Il
l. establish and enforce such claims or lien,
- claimed by the city of Houston against
!, the Houston Electric. Street Railway com
y pany for payment Of its pro rata portion
u for paving of the streets on which sale
n RAILWAY company has It's tracks.
u AS soon rs practicable after such salt
ID shall have been made, the undersigned mas
ter commissioner will report the same 4
4 said court for confirmation, further certify
N ing to the court compliance by the pur
m chaser or purchasers with the conditions o.
N said sale as prescribed in and by said de
:. cree which is duly recorded in the minutes
a of said court In volume 3, on pages from
e 10 TO 81, inclusive, which Is here referrc'
r to as a part hereof for more complet,
s. statement of its terms and provisions
n If any bid shall be accepted by the cour
1t and the person making the same shall fai
lie to comply with all the conditions of tn
he sale and all the orders of the court in re
lie spect thereto, the sum deposited by tn
lc bidder shall be forfeited by the bidder an,
" shall be applied as the court shall direct
u The undersigned master commissioner, upol
ct confirmation of such sale and full com
pliance with the terms of sale by the puT
n. chaser or purchasers, will make, execut
r ana deliver 10 the purchaser or purchaser
IT thereof, or his or their assigns, deed O
tx deeds conveying all and singular the alloy
~ described railways, franchises, rights an
ct privileges and other properties aforesaid
20 ana upon request OF the purchaser or Pun
is missioner's deed or deeds. the receiver hay
d. ing possession of the property sold wi
al make, execute and deliver TO 81 i'd Durcha SO
y. or purchasers good and sufficient deeds a
nd conveyances or evidences of purchase q
IN any and all property sold; and upon cor
80 hrmaton of said sale and full complianc
re with the terms of said sale by the pun
IS, chaser or purchasers, he or they shall b
ed entitled 10 a deed or deeds of assurance
ar be executed according to law by defendant
lie Houston Electric Street Railway compan,
- and plaintiff. International Trust compan,
Is Upon the execution and delivery of sue
ne deed or deeds by the master commissions
is the grantee therein shall he let into posse,
H. sion of the premises conveyed and the r,
he ceiyer shall deliver all the premises whic
h. may be in his possession over to the pu
u.s. chaser or purchasers or his or their II,
N signs, including all bills. accounts ali
he chuseS in action of the defendant ana n
w. property rece+7ed or purchased by the r.
al ceiver In the management or operation ,
OF the property embraced in said CONVEYANCE
Is, or pertaining thereto. The purchaser ,
he purchasers of the railways franchise
ID rights privileges and other property her
~ lnbelore described, shall be Invested wit
to ana snail hold, possess and enjoy the san
or ana al the rights and privileges nppertail
ing thereto as fully and completely as sal
et Houston Electric Street Railway cnmpan
by mas heretofore held and enjoyed the SAM
M ana said purchaser or purchasers shall has
ed ana be entitled to hold the said railway
nd rights, franchises, privileges AMI 9th,
ris properties aforesaid freed and discharge
nd from the lien of the mortgage herein for
IN. closed and from the claims of ali N
of parties to and interyenors in this suit,
2B any Of them ''
&c Reference Is made 10 ahe above mo-
ay TONED decree for further particulars mi
OF Tor more specific description of Tho pro
Of erty to be sold and the terms of said sal
m ,oo w c. Oliver
I "a o.,