The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-01
SPECIAL NOTICES..

plaintlf in said cause. or any holder or
Hs ,.lolSl q bonds secured by the mortgage
ana purchase at sale.
inc purchaser or purchasers at such sale
snnli as 4 part OF the consideration for such
sAie' ana IN addition TO the price paid,
toke the property purchased upon the cx'
pltss condition that to the extent that me
money In the receivers hands and the
earnings and Income during The receiver
snip herein, shall ,he insufficient TO make
such payments, said purchaser or purchas
eFs. or MS or their assigns. Will. nOtwith-
receivers Indebtedness or obligations which
shall not bc paid by the receiver out OF
me income aud earnings OF the property
hcrein9efore described or which shall not
nc paiI ont OF the proceeds of sale ms set
lctln III tue decree, which may be there
/ Nlter nled within period 10 be limited by
an order Of said court, but only when and
rs Tue court shall allow such claims ana
aqludge them TO be paid by the purchaser.
ne purchaser or purchasers at said sale
shall also as a part OF the onslderatton
thsretQr, ana In addition TO the price paid,
axe the property purchased upon the ex-
press condition that to the extent that the
money I'm the receivers hands, and the
earnings and income during the receiver
SNIP hcteln and the proceeds Of the sale Of
tue ANUS hnd premises described in the de-
| cree, aud held not to he subject TO the
mortgage In said cause fprCclosed, shall be
( insufficient TO make such payments, such
purchaser or purchasers, or his or their as
| slgns Will notwithstanding. pay OF and
/ satSfy all Gains for damages on account
OF injuries 20 persons or property now IT.
VOWED In Nany suit or suits pending i'm any
OF me courts OF Harris county, Texas,
against defendant, the Houston Electric
street Railway company, aud all other
Gains against said defendant accruing
Mlthlu SIX months next before the appoint
ment OF the receiver herein, for damages
/ 10 persons or property arising out OF the
operation OF the property covered by the
I mortgage herein fo.eclCscd; and all claims
accruing within six months before the APP
pointmcnt OF the receiver herein, for ma
terial aud supplies sold defendant and used
n INaf fHnHt Hat
repair OF said property; but ali such claims
snail be presented by Intervention in said
cause Wlthlh three months from the date of
inns decree. The master commissioner Is
directed by the decree to publish In some
dAiy newspaper published In the city Of
houston a notice for thirty days to pre-.
purchasers or his or their assigns, or the
property sold, shall be liable for none OF
such claims, except as the same shall be
determined nnd allowed by the court In
said cause upon such interventions All
/ OF such claims not presented by interyen-
/ llon ll SAID cause within the time limited
/ hy this decree, shall be barred and shall
not pc cniorcible against the purchaser or
purchases. or his or their assigns, or
chaser or purchasers shall be entitled to
/ appeal from any and all orders or DEGREES
IN respect TO such claim or any of them,
ana suNI nave an the rights in respect to
such appeals which the plaintiff, defendant
1 or receiver In said cause would have In
| case such appeals had been taken by any
/ The court reserves the right to retake
| ana resell said property in case of failure
/ on tht part OF tue purchaser or purchasers
/ or his or their assigns, to comply with any
/ order of the court ~ respect to the pay
/ ment OF receivers Indebtedness. or prior
lien claims within thirty days after serv-
/ Ice OF certified copy of said order upon
! slq purchaser, or purchasers, or his or
/ their assigns. All payments for any such
( purpose made by the purchaser or purchas-
/ ers or his or their assigns in advance Of
ihg maj account and discharge of the re.
ErEaH #HI Nna .tf.. d
subject to the final adjustment upon such
| accounting.
The purchaser or purchasers of said prop
eriS shat also take same subject to all
] taxes lawfully due thereon and TO the valid
/ claims or liens If any, against upon
same by the city of Houston for assess
| ments on account OF the Improving and
/ paving Of the streets of said city, and said
/ sale shall be without prejudice to the right
/ If any, which the said city may have to
! establish and enforce such claims or liens
/ claimed by The city OF Houston against
/ the Houston Electric. Street Railway com.
| for paving Of the streets on which said
railway company has Its tracks.
/ AZ soon as practicable after such sale
/ shaD have been made, the undersigned mas
ter commissioner win report the same to
said court for confirmation, further certify
Ing to the court compliance by the pur-
| chaser or purchasers with the conditions of
/ said sale as prescribed in and by said de-
| cree which Is duly recorded In the minutes
| OF SAID court In volume >, on pages from
10 to g. Inclusive which Is here referred
to as a part hereof for more complete
/ statement of It's terms and provisions.
/ III any bd snail DE accepted by the court
/ and the person making the same shall fail
( to comply Nth all the conditions OF the
/ sale ant all the orders of the court In re-
spect thereto the sum deposited by the
I bidder shall he forfeited by the bidder aud
SHAH bo applied as the court shall direct
The undersigned master COMM ssloner, upon
/ confirmation of such sale and full com.
piianCy with the terms Of sale by the pur-
chaser or purchasers viii make, execute
/ thereof or his or their assigns. deed or
/ deeds conveying all and singular the above
. described railways, franchises, rights and
p a4 Lees anu 9IhGr RroperliSes aforesaid
/ 'huscts and the exhibit of the master com
mls-loucr's deed or deeds. the receiver hay-
. make, execute and deliver to said purchaser
. or purchasers good and sufficient deeds or
. g2n'e}ahceS or rytdcnees OF purchase OF
. ANY ana al! property sofa; ana upon con
. urmItiOn of said sale aud full compliance
/ with the terms of said sale by the pur
/ chaser or purchasers, he or they shall be
entitled to deed or deeds of assurance to
/ be executed according to law by defendant,
/ Houston Electric street Railway company
. aud plaintiff, International Trust company
4 lpon the execution and delivery of such
/ deed or deeds by the master commissioner
/ the grantee therein shall he let into posses
/ SION OF me premises conveyed and the re-
/ ceiver shall deliver all the premises which
may be In his possession over to the pur-
! chaser or purchasers, or his or their as
signs, including all bills, accounts anC
I CLOSES In action of Che defendant, and all
/ property received or purchased by the re
, me property embraced In said conNcyances
/ or pertaining thereto, The purchaser or
| purchasers Of the railways, franchises
{ rights, privileges ana other property here
/ lhhriorc described shall be Invested with
/ aug shaIl hold, possess and enjoy the same
| aud all the rights and privileges appertain
/ ing thereto aS fully and completely as said
/ Houston Electric street Railway company
has heretofore held and enjoyed the same