The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-05
SPECIAL NOTICES.

| premises and property unon the failure Of
With any order Of court rcgardlng payments
The balance Of the purchase price not re-
qmted = be paid IN cash, may be paid 10
make good the balance 81 said bid ~ whole
OF In part. BY paving on and snrrendering
| enistanding bonds aud overdue coupons per-
| joining thereto, secured BY the mortgage
tercciosed IN and by the said decree said
bonds and coupons 70 be received at such
price or value us shall be equivalent to the
/ amount That the holders thereof would be
| entitled 70 receive thereon IN case the cn-
| wy purchase price were paid in cash. The
| holders Of bonds secured by the mortgage
| tereciosed Ia and by said decree, may bid
| anu purchase at sale.
| The purchaser or purchasers NJ such sale
| sha al part Of the consideration for such
| sale, ana IN addition TO the price paid
tahe the properly purchased upon the sx-
money In the receivers hands. aud the
eaFnings and income during the receiver
| such payments. said purchaser or purehas-
| eIs o. his or their assigns, will, potwith.
siandlng, pay on and satisfy any and an
shau not be paid by the receiver out of
| the income and earnings Of the property
| herelnbefore described, or which shall not
be paid out of the proceeds Of sale as set
| forth "a the decree, which may be there
! after filed within period to he limited by
| as the court shall allow such claims and
| auludge them 10 he paid bY the purchaser
| The purchaser or purchasers at said sale
shali also as part 81 the consideration
\ therefor, and IN addition TO the price paid
/ take The property purchased upon the ex-
press condition that to the extent that the
| earnings and Income during the receiver
/ snip herein and the proceeds OF the sale OF
| the lands aud premises described In the de-
| cree. and held not 20 be subject to the
| mortgage In said cause forecloseu, shall be
insufficient to make such payments, such
| purchaser or purchasers or his or their as
| signs, VIII, outstanding, pay Of and
| satisfy ah claims Cor damages on account
| q injuries 70 persons or property now IN
| VOWED In any suit on suits pending IN any
/ Of the courts OF Harris county, Texas
| against defendant, the Houston Electric
sams S ssans od a$siend Ra az dcofa hss
| within SIX mouths next before the appoint
| ment Of the receiver herein, for damages
operation Of the pro6erty Cow covered b. lie
| mortgage herein foreClcSgd: and all claims
| aceruing within elk months before the an
| pointmcnt Of the receiver herein for ma
| ierial and supplies sold defendant and used
! by Y ln tbs maintenance. operation and
shan be presented BY intervention In said
] cause withn three months from the date OF
this decree The master commissioner Is
| directed BY the decree to publish In some
daily newspaper published IN the city OF
| Houston notlcc for thirty days TO pre-
sent such clalms and the purchaser or
purchasers. or his or their assigns or the
property sold, shall be liable for none oc
| such claims, except as the same shall be
| lttcfmthbQ ana allowed hN tne court IN
sHld cause upon such interventonS. All
W such claims not presented by iutereen-
ton In said cause within the time limited
by this decree, shall be barred and shall
purchasers, or his or their assigns or
against the property sold. Aud the par
chaser or purchasers shall be entitled to
appeal from any and all orders or decrees
IN respect 10 such claim or any Of them,
ana shall have all the rights in respect to
such appeals which the plainun, defeudanE
| or receiver In said cause would have ia
| ease such appeals had been taken Oy any
Of them.
The court reserves the slgbt 10 retals
aud RESELL said property in case Of fallnre
ON the part OF the purchaser or purchasers.
or mas or their assigns, TO comply with any
order Of the CONT In respect to the pay
meut Of receivers Indebtedness. or prior
! len claims within thirty days after sery-
; lee of certified copy Of said order upon
| sald purchaser, or purchasers, or his or
their assigns An payments for any such
! purpose made by the purchaser, or purchas-
ersi or his or their assigns, Ia advance OF
{ the huai account and discharge Of the re
Q celver, shall be treated as advances and
subject 10 the hnSl adjustment upon such
i The purchaser or purchasers of said prop.
e | erty shall also take same subject TO an
{ | taxes lawfully due thereon and TO the valid
claims or liens, n any, against or upon
{ same hY the city Of Houston for assess.
meats on account Of the Improving and
paving Of the streets Of said city, and said
{ sale shall be without prejudice to the right.
{ " any which the said city may have to
| / NnlAhiitu anu enforce Eutn Claims or liens
claimed by the city OF Houston against
the Houston Electric Street Railway COM
pany for payment Of It's pro rata portion
for paving Of the streets on which said
railway company has It's tracks
As soon as practicable after such sala
shall have been made, the Undersigned mas
Ter commissioner Will report the same 40
said court for confirmation, further certify
ing 90 the court compliance by the puF-
3 cha5ser or purchasers Win the conditions ot
slid sale as prescribed IN and hy said de-
cree which Is duly recorded IN the minutes
or said court Ia volume y, on pages frou4
a. 20 u, inclusive, which Is here referred
"a as part hereof for more complete
, statement Of Us terms and provisions
II any hid shall be accepted by the court
and the person making the same shall fail
TO comply with all the conditions of the
sale and all the orders Of the court in re,
I spect thereto, the sum depoSited by the
bidder shall be forfeited by the bidder aud
shah be applied as the court shall direct.
The undersigned master commissioner, upon
/ confirmation Of such sale aud fun com
I plilnce with the terms Of sale by the pur'
, | chaser or purchasers, viii make, execute
I and deliver to the purchaser or purchasers
! thereof, or his or their assigns. deed or
) deeds conveying all and singular the above
I described railways, franchises, rights and
privileges aud other properties aforesaid
4 mlssioner's deed or deeds, the receiver hay-
i Ing possession OF the property sold will
\ make, execute aud deliver 90 said purchaser
\ or purchasers good and sufficient deeds OF
! conveyances or evidences OF purchase OF
4 any ana all property soidi ana upon con
= | hrmatioh OF said sale aud full compliance
q With the terms Of said sale by the ,pqr
! | chaser or purchasers, he or they shah be
: entitled te a deed or deeds Of assurance 10
a be executed according 10 law by defendant
! Houston Electric Street Railway company
! aud plaintiff, International Trust company
Z. Upon the execution and delivery Of such
a deed or deeds by the muster commissioner
!, | the grantee therein shall be let into posses
= sion Of the premises conveyed aud the re
= ceiyer shall deliver an the premises which
: may be in his possession over 20 the pur
q chaser or purchasers, or his OF their IS
y signs, including an bills. accounts and
!. chooses In action Of the defendant, and all
y property received on purchased by the re
a celyer in the management or operation OF
n the property embraced ia said eopveyanees
~ or pertaining thereto, The purchaser OF
" purchasers Of the railways, franchises,
tights privileges and other property here,
\ inbefore described, shall be Invested with
~ and shall hold. possess and enjoy the same
q | and all the rights aud privileges appeFtain.
Y, lug thereto as fully and completely as said
"a Houston Electric Street Railway company
4 has heretofore held and epieyed the selnei
"a and said purchaser or purchasers shall nave
~ and be entitled 20 hold the said fasiwstss