The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-15
SPECIAL. NOTICES.

or 10 Part. by paving OF aud surrenderlng
outstanding bonds and overdue coupons per
tanning thereto, secured by the mortgage
ioreeioscd In aud by the said decree, said
bonds and coupons 70 be received az such
p,ec q rslge Is shsl be sauvslen, e tss
entitled 10 receive thereon in case the en-
tire pNtchasc price were paid In cash The
holders ot bends secured by The mortgage
foreclosed In and by said decree, may bid
and purchase at sale.
The purchaser or purchasers at such sale
shall aS part OF the consideration for such
sale and In addition TO the price paid
take the property purchased upon the az
press condition that 20 the extent that the
money IN the receivers hands and the
earnings and Income during the rceeiyer.
ship herein, shall be insufficient TO make
such payments, said purchaser or purehnh-
ers. or hts or their assigns, will. notwlth.
standing, pay on and satisfy any aud on
receivers Indebtedness or obligations, which
shall not he paid by the receiver out OF
the Income and earnings Of the property
hereinhefere described or which shall not
be paid out o. the proceeds Of sale az Get
forth IN the decree, which may be there
after nled within a period 60 he limited by
an order Of said court, but only when and
adtpdee them TO DO paid by the purchaser,
| The purchaser or purchasers at said sale
shan also as part OF the consideration
| take the property purchased upon the ex.
press condition that 30 the extent that the
money In the. receivers hands. and the
| ship herein, and the proceeds Of the sale OF
inc lands and premises described IN the de,
| mortgage In said cause foreclosed, shall he
| insufficient To make such payments, such
| purchaser or purchasers, or his or their as.
signs, Will notwthstandlng, pay OF and
| satisfy MI claims for damages on account
| of injuries 20 persons or property now IL
y9lyed In any suit q suits pending IN any
on me courts a OF Harris connty' r Texas,
| street Railway company, aud all other
! claims against said dotendaut occruing
within slN months next before the appoint.
to persons OF property arising out OF the
! operation OF the property covered by the
| mortgage herein foreclcSed; and all claims
accrulns within six months before the APP
! polntment Of the receiver herein, for ma.
| terial aud 9npplics sold defendant aud used
! by i IN the maintenance operation and
| shall be presented by intervention In said
| cause within three months from the date Of
| directed by the decree TO publish In some
daily newspaper published In the city of
Houston a notice for thirty days 20 pre-.
sent such claims and the purchaser or
purchasers, or his or their assigns, or the
property sold shall be liable for none OF
such claims exeert as the same shall be
| determined and allowed by the court In
! said cause upon such interyentions All
! 81 such claims not presented by interYen.
ton ~ said cause Within the time limited
not hc entorclble agalnst the purchaser or
| purchasers, or his or their assigns or
against the property sold. And the pur-
| appeal from any aud an orders or DEGREES
IN respect TO such claim or any OF them
and shall have all the rights In respect 70
such appeals which the plaintiff, defendant
or receiver In said cause would have In
case such appeals had been taken by any
The court reserves the right to retake
and resell said property In case OF failure
on the part OF the purchaser or purchasers,
or MIS- or their assigns, to comply with any
ment OF receivers Indebtedness, or prior
Hen claims Within thirty days after serv'
lee of certified copy OF said order upon
sald 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
the final account and discharge OF the re,
ctlrer, shall be treated ne advances and
subject 10 the Anal adjustment upon such
The purchaser or purchasers OF said prop
erty shall also take same subject TO Al
taxes lawfully due thereon and to tho vale
same by tho city OF Houston for assess
ments on account OF the improving AM
sale shall he without prejudice 20 the right
; II ANY, which the said city may have &
establish aud enforce such claims on lien
!, the Houston Electric Street Railway com
many for payment OF its pro rata portlol
fer PAVING Of ths strtets . o. which SAT-
~ soon as practicable after such sal,
shall have been made, the undersigned mas
ter commissioners VIII report tho same {,
said court Tor confirmation, further certify
ting 10 the court compliance by the pur
chaser or purchasers With the conditions 81
said sale as prescribed IN aud by said dc
OF said court In volume 3, on pages from
IS 20 81, inclusive, which is here referred
to as a part hereof for more complete
statement OF it's terms and provisions
II any bid shall he accepted by the court
ana the person making the same shall fai
to comply with all the conditions OF The
sale and all the orders OF the court in re
spect thereto, the eum deposited by th,
bidder shall be forfeited by the bidder ant
| shall be applied as the court shall direct
The undersigned master oommIssioner, upor
confirmation OF such sale and full com
pliaace with the terms Of sale by tho pur
chaser or purchasers viii make exoeut,
aud deliver TO the purchaser or purchaser
thereof OF his or their assigns a deed o.
deeds conveying all and singular the allow
described railways, franchises, rights aut
, privileges and other properties aforesaid
) chase,s and The exhibit Of the master com
mssloners deed or deeds, the receiver hay
ing possession OF the property. sold vii
make, execute and DELIVER 70 said purchase
/ or purchasers good and sufficient deeds 0
S any ana ali proDerty sold ana upon con
, drmatlqn Of said sale and tnll cOmpllane
with the terms OF said sale by the pnr
| chaser or purchasers, he or they shall b
/ entitled 20 deed or deeds OF assurance l.
he executed according 10 law by defendant
Houston Electric street Railway company
! and plaintiff, International Trust company
D UpOn the execution and delivery OF sue
; deed or deeds by the master commissioner
the grantee therein shall he let into posses
. sion OF the premises conveyed aud the ri
= ceiver shall deliver all the premises while
may he In his possession over TO the pul
chaser or purchasers, or his or their q,
q signs Including all billie accounts ah
chooses IN action Of the defendant, and a
property received or purchased by the ri
I celVeT IN the management or operation
the property embraced In said conveyance
: or pertaining thereto, The purchaser
4 purchasers Of the railways franchises
/, rights privileges and other property her,
. nhefore described, shall he Invested wit
E and shall hold possess and enjoy the sam
and all the rights and privileges appertali
, ing thereto as fully and completely as sal
' Houston Electric Street Railway cempan
has heretofore held and enjoyed the sans
4 aud said purchaser or purchasers shall hRy
4 and be entitled 20 hold the said railway
! | rights, franchises, privileges and oth'
4 | properties aforesaid freed and discharge
: from the lien Of the mortgage herein for
: closed and from the claims Of all a
parties 10 and lntervenors In this suit,
!. any Of them.
! Reference IL made 10 the above me
Z toned decree for further particulars at
! for more specific description AZ the pro
erty te he sold and the terms Of said sal
w c. oliver.
] | i0.t.Oi Master Commissioner.