The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-13
SPECIAL NOTICES.

| cash, or the purchaser may satlsly III
make good the baiance OF said niu. tr icTing
outstanding bonds and overdue COUPON, ,p -,
| tAinlng thereto, secured by the mortka77dd
foreclosed in and by the said deSrev' swci
| bonds and coupons 10 be received az sun M
| price or value MS shall be equivalent 70 'hho o
| amount that the holders Thereon Wonlu "
entitled TO receive thereon IN case ,he Tho
| tire purchase price were paid In cnsn, ns ~
! plaintiff In said cause, or any noluel 20 w
| holders of bonds secured by the mortgaSs
| foreclosed In and by said decree, may p'u
! and purchase at sale. 1t al.
! The purchaser or purchasers at such sale
| shall rs q part Of the consideration ior SUI
| sale, and In addition to the price p"lr
| take the property purchased upon ihe -
\ press condition that to the. extent that NE
| money i'm the receivers hands, ana tne
! earnings and income during the iecelN11a,
ship herein shall be insnniSiep nr tnurehas
J crs or his or their assigns, WILL notWl,n,t
| standing. pay on and satisfy any anu ~
receivers Indebtedness or obllgat lions WIZ ~
| shall not be paid by the receiver OUT ~
| the Income and earnings OF the proper
| hereinbefore described, or whlch Shull NO no
be paid out of the proceeds OF SAFE aS So
| forth In the decree, which may be theIc-
after filed within Il period to he limited "
an order of said court but only wnen anI
as the court shall allow such claims anu
adjudge them to he paid by the nurcnNsct,.
| The purchaser or purchasers Mt said SAFE
! shall also as a part of the consideration
! therefor, and In addition TO the price pulI'
/
press condition that to the extent that the
money in the receivers hands, ana the
| earnings and income during the receiver,
| Ship herein. and the proceeds of the sale or
! the lands and premises described in the de-
! cree, and held not to be subject TO the
mortgage In said cause foreclosed' shall ne
insufficient Sto make sucn payments is tSs, suC l
| signs, will, Notwithstanding, pay of ana
satisfy all claims for damages on account
of injuries to persons or property now IL,
nj nd In my mr.
| Of the courts of Harris county Texas
against defendant, the Houston Electric
street Railway company and all other
claims against said defendant accruing
within six months next before the appoint
ment of the receiver herein, for damages
to persons or property arising out of the
| operation of the property covered by the
mortgage herein foreclosed: and all claims
| accrung within six months before the APP
| pointment Of the receiver herein, for ma
| terinl and ,uppliCS sold defendant and used
| repair of said property; but all such claims
| shall be presented by Intervention In said
| cause within 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 notice for thirty days to 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, except as the same shall be
| determined and allowed by the court In
| said cause upon such interyentiOns. All
Of such claims not presented by interven-
| tlon In said cause within the time limited
| by this decree shall be barred and shall
not be enforcible against the purchaser or
| purchasers, or his or their assigns, or
| 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 10
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
on ne part OF the purchaser or 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-
Ice OF certified copy of said order upon
sald purchaser, or purchasers. or his or
lhelr assigns. All payments for any such
purpose made by the purchaser, or purchas-
ers, or his or their assigns in advance of
me hnal account and discharge of the re-
ceiver, shall be treated as advances and
| subject to the final adjustment upon such
accounting
The purchaser or purchasers of said prop.
eitN snail also take same subject TO all
taxes lawfully due thereon and to the valid
claims or liens, If any, against or upon
same by the city Of Houston for assess
mcn;s on account of the improving and
paving Of the streets NJ said city. and said
sale shall he without prejudice to the right
If any. which the said city may have to
nr
GAINED by the city Of Houston against
the Houston Electric Street Railway com
pany for payment Of its pro rata portion
for paving Of the streets on which sniJ
railway company has Its tracks.
As soon as practicable after such sale
Shall nave been made, tho undersigned mas.
ler commissioner Will report the same to
Sald court for confirmation, further certify.
ing to the court compliance by the pur-
chaser or purchasers with the conditions OF
Snld sale as prescribed in and hy said de.
< II .t,.yl l., -
OF said court in volume ,, on pages from
- to Gl' Inclusive, which is here referred
10 as part hereof for more complete
statement OF It's terms and provisions
II any bid shall he accepted hy the court
ana the person making the same shall fail
TO comply with all the conditions OF the
snle ana ali inc orders of the court In re
spSGt thereto, the sum deposited by the
bidder shall be forfeited by the bidder and
shall be applied as the court shall direct
Inc a Undersigned master commissioners, upon
continuation OF such sale and fun com
pllance with the terms of sale by the mr.
CHASER or purchasers, Will make execute
ma uehVer TO the purchaser or purchasers
thereof or his or their assigns, a deed or
deeds conveying all and singular the above
Inscribed railways franchises. rights and
privileges and other properties aforesaid;
chasers and the exhibit of the master CON
mlssloners deed or deeds, the receiver bog
ing possession of the property sold win
make execute and deliver ia ~ IN nnrcb go.
or purchasers good and sufficient dncdS or
conreyances or evidences of nurchoso ~
any ana all property sold: and unon CON
nImau0n OF said sale and fun coinnlloncn
Win Inc terms of said sale by the nur
CHASER or purchasers, he or they shall ho
emitted TO a deed or deeds of assurance 10
ne executed according to law hy defendant
houston Electric Street Railway commune
a!lu plalntin, International Trust eomnanyT'
iron the execution and delivery Of sncSb
ueeu or deeds by the master commissioner
We grantee therein shall be let into masses
sl1n OF me premises conveyed and the re
celNer shall deliver all the premises which
my nby ne III ms possession over to the pnr.
cnaser or purchasers, or his or thar -
Signs including all bills, accounts NJ
choses In action of the defendant ara IN
pIopefly received or purchased by tho re'
lever IN me management or operation ~
the property embraced In said convr,,a,,o VI
OF pertaining thereto. The nnrcha 60 = ri'Ne 90
purchasers of the RAILWAYS franeito VI
rights, privileges and other nronertv hs.ss'
lnbeIore described, shall he 1nveSte5 10y
NnI shall hold possess and enjoy tba "leh
i, all the rights and privileges n InertaIne
I tI tneret9 as fully and completely as said
lou houston Electric Street Railway comnonv
n nn heretoIore held and enjoyed the same.
"nd 1 1uiu purchaser or purchasers shall have |
pJg b oe ehutled to hold the said raiiwavs
nsdre.,,t FRANCHISES, privileges ana other
from the lien of the MORTGAGE be nsTna tg
closed and from the claims ~ al i.Ie'
any of them ~ tuls SUIT, or
reference Is made to the abova mon
Toned decree for further pnrtIcnto, nv men,
TOT more specific descrlntIon ~ ~ uuu
eltF 10 ne sold and the terms ~ saId ZIP