The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-11
SPECIAL NOTICES.

! The balance OF the purchase price nsid In
qured to be paid IN casn, n,"' satisfy and
mike good the balance Of said BID, IN M,aig ng
or in part by paying of ana surre l,'n ner
outstanding bonds anu STe hr the mortgage
| foreclosed in and by the said deer.v' s"cI
bonds and coupons to be receive, ~ 10 S The
| price or value as shall be equvalent , W he
| amount that the holders thereon Woulu "
| entitled TO receive thereon IN cas- ,"e THE
| tire purchase price were PAID III cnns sI5er or
| plnintlff I'm said cause, or any nulut, 90 90
| bnidcrs ~ bonds secured by the mortsafS
| foreclosed In and by said Decree ni"' Wv
and purchase at sale - =. e,ch sale
The purchaser or purchasers az sun snnh
sboII ne n mart of the consideration Tor SUI sun
! sale, and in addition to the price, P" ey
take the property purchased upVtn that the
| nress condition that to the extent that w ~
n,onev in tho receivers hands, anu NY
| earnings and income DURING my ~ make
shin herein. shall be lnsuIlclent .e,,rnhns.
| such payments, said purchaser ~ pnt,,ith
| ors ar his or their assigns. VIII, notWitIi
standing, pay off and satisfy any unI btch
receivers Indebtedness or obllgntlonS ~ ~
| shall not be paid by the receiver out ~ -,
the income and earnings of tne pr9Pe ,oIt
hereinbefore described, or when Shal no 20
be paid out Of the proceeds OF sue he there.
after fled within a period to ne Hlhhi,e , "a
an order Of said court, but only wien andd
as the court shall alloy such cIaiaiSS ser
adjudCe them to be paid by the puIfGIIHsSiio
The purchaser or purchasers az s SIN sinn
shall also as a part of the consiiucI atiy'
therefor, and in addition to tne pp'v tha pes" eI
press condition that to the extent tndt t the
money In the receivers handS, anu tne
earnings ana income during the recciNtls
shin herein, and the proceeds Of the sale or
the lands and premises descrlpen III tne ~ ~
cree and held not to he snplcel 70 Wy
mortgage in said cause foreclosed sDall us
insufficient to make such payments, sucn
purchaser or purchasers, or his or thelr as,
signs, will, Notwithstanding pay on aha
satisfy all claims for damages on account
of injuries to persons or property now IL.
voved in any suit or suits pending IN III any
of the courts of Harris county ,,i LeXais,
against defendant, the Houston Electric
Street Railway company, and all other
claims against said defendant accrnlng
Within six months next before the appoint,
ment Of the receiver herein, Tor DAMAGES
| to persons or property arising out OF tne
operation of the property covered by me
mortgage herein forecoscd; ana AL Claims
accruing within six months before the APP
| nOintment Of the receiver herein, Tor ma
{ terial and supplies sold defendant and used
by II IN the maintenance, operation anu
repair OF said property; but all such claims
! shall he presented by intervention In SAID
cause within three months from the date OF
: this decree. The master missioner IS
directed by the decree to publish in some
daily newspaper published in the ely Of
5 Houston Il notice for thirty days 10 pre-
: sent such caims;" and the purchaser or
purchasers, or his or their assigns or the
property sold shall he liable for none or
such claims, except as the same shall pc
determined and allowed by the court In
said cause upon such lnterventlons. All
Of such claims not presented by nlerYen,
tion In said cause within the time llmteu
0 by this decree, shall he barred and shall
! not be enforcibe against the purchaser or
purchasers or his or their assigns, or
: against the property sold And the pur-
I chaser or purchasers shall he entitled to
= appeal from any and all orders or DEGREES
e in respect to such claim or any Of them,
[ and shall have all the rights IN respect to
$ such appeals which the plaintiff, defendant
a or receiver in said cause would have In
f. case such appeals had been taken by any
], of them.
o The court reserves the right to retake
n and resell said property in case of failure
j. on the part of the purchaser or purchasers,
, or his or their assigns, to comply with any
n ment of receivers Indebtedness, or prior
y lien claims within thirty days after serv-
j ice of certified copy Of said order upon
u said purchaser, or purchasers, or his or
s their assigns. All payments for any such
l. purpose made by the purchaser or purchas
y crs, or his or their assigns, In advance OF
q the final account and discharge of the re-
| cciVer, shall be treated as advances and
e subject to the final adjustment upon such
[ accounting.
+, The purchaser or purchasers of said prop.
o erty shall also take same subject to all
~ taxes lawfully due thereon and to the valid
g claims, or liens, if any against or upon
= menis on account of the improving and
t paving Of the streets of said city. and said
!, sale shall he without prejudice to the right
/ If any, which the said city may have ia
t establish and enforce such claims or liens
t claimed by the city Of Houston against
# the Houston Electric Street Railway com
> pany for payment Of its pro rata portion
II for paving Of the streets on which said
s railway company has its tracks.
As soon as practicable after such sale
J. shall have been made the undersigned mas
II ter commissioner will report the same t.
u said court for confirmation, further certify
II Ing to the court compliance by the pur
r, chaser or purchasers with the conditions OF
l. said sale as prescribed In and by said de
e cree which Is duly recorded in the minutes
Inf N FWf In rr1a
s. 40 TO 81, inclusive, which is here referred
J. to as part hereof for more complete
It statement OF its terms and provisions.
e If any bid shall be accepted by the court
e and the person making the same shall fail
e TO comply With all the conditions of the
e sale and all the orders of the court in re
y spect thereto, the sum deposited by the
J. bidder shall he forfeited by the bidder anL
It shall be applied the court shall direct
Ihe undersigned master commissioner, upoT
/ confirmation of such sale and full com
r plance with the terms of sale by the pur
It chaser or purchasers. win make, eXecut,
X and deliver to the purchaser or purchasers
y thereof or his or their assigns, deed oil
Il deeds conveying all and singular the above
. described railways, franchises rights anC
ID privileges and other properties aforesaid
Is ana upon request OF the purchaser or pur
/, chasers and the exhibit Of the master com
Al missioner deed or deeds, the receiver hav
+, ing possession of the property sold vii
"a make, execute and deliver TO said purchaser
N or purchasers good and sufficient deeds OF
20 conNeyanceS or evidences Of purchase o.
~ any anu All property sold; and upOn con
5, hrmatlon Of said sale and fun compllanc,
ID with the terms of said sale by the pur
lr chaser or purchasers, he or they shall IA,
lie entitled to deed or deeds of assurance /,
s. be executed according 10 law by defendant
Is Houston Electric Street Railway company
lie ana plaintiff, International Trust company
Is ypon the execution and delivery OF sucl
l. deed or deeds by the master commissioner
Re the grantee therein shall he let into possps
Re sion OF the premises conveyed and the re
s. ceiNer shall deliver all the premises which
a. may be in his possession over TO the MIR
lie CHASER or purchasers, or his or their =
" signs, including all bills, accounts an1
III chooses IN action Of the defendant and oi
)f property received or purchased by the re
- celYer In the management or oDeTotion n
ne the property embraced in said convrynnce
Id or pertaining thereto. The purchaser ~
y purchasers OF the railways, franchises
10 rights privileges and other properly here
pr lnbetore described, shall be Invested viii
ana snal hold, possess and enjoy the sam,
81 ana an the rights and privileges appertaIn
" ing thereto as fully and completely ne sai,
n, HOUSTON Electric Street Railway comnan,
"a mas heretofore held and enjoyed the same
~ anu sald purchaser or purchasers shall nav,
Is ana be entitled to hold the said Taiivavs
ID rights, franchises privileges onJ ofSa
n. properties aforesaid freed and DISCHARGE,
Of from the Hen of the mortgage herein fore
% closed and from the claims of ali IN,
c, pnrues TO and intervenors in this suit n