Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-12-09
LaaaI Notices

| UNITED E1AiES GtRtllI GUJKI4 DISTRICT
Maine.--cENTRAL TRUST COMPANY OF NEW
| YORK, Complainant, against WASHINGTON
Of Washington and JAMES MiTcHELE. Interyenors.
Under and by virtue Of sendered> ia this
Office of the clerk this Court the Undersigned.
Special Master Appointed BY the said decree. viii
sell q phs;ls aset,ea Y ths Asssst hipeer n -
eordance with the terms and conditions OF said de-
cree at the station Of the washington County Rail-
road Company at Calais. in the County Of Washing
sold the 18th day Of December. 1903, at ten
o'clock in the forenoon Of said day, the following
All and singular the railroad of the Washington
County Railroad Company. extending from point
in the City Of Calais. County of Washington and
State Of Maine through the Counties of Washington
and Hancock. to point on the Maine Central Rail-
road in Hancock County, including a branch Y
Eastport in SAID Washington County, as the saiA
railroad and branch are now located and also all
the railroad and franchises and property formerly
of the Calais 6 Barring Railroad Company described
in certain deed executed by George A. curran.
James Murchie and George A. Lowell to Frank E.
Randall bearing date August l. 1898; and also all
the property. privileges. benefits, profits, emou-
mens and leasehod interests conveyed to Washington
County Railroad Company by a certain deed exc
cuted by Frank E. Randall and recorded In the
Registers Office Of Washington County in book 224
page 476 and also all the railroad formerly belong
Ing to the St Croix e. Penobscot Railroad Company
running from Calais TO Princeton through the town.
of Barring and Baileyyille, Washington County. and
the parish of St. stephen, in the Province Of New
Brunswick, together with all the other property de-
scribed in a certain deed given by the st. croix
Penobseos Railroad Company to the City OF Calais.
dated March 49, 1870 and recorded in the Washing
and also all and singular the lands, tenements and
interests lands held March 10, 1898. or there
after acquired by the Washington County Railroad
Company for the uses and purposes Of the , afore-
patent. grants of land and of land under
water and wafer rights and all leaseholda
leases, terms and parts Of terms, rights under
leases covenants agreements, rights
of rackage terminal bridge. dock and ferry rights
licenses, permits and privileges from the United
States or from the State OF Maine or from any gov
ernmental municipal authority. and all other
rio iyil and
held by the Washington County Railroad Company
March 10 1888 or thereafter acquired for the uses
and of said railroad branch; and also all
railways. tracks, sidings spurs. turnouts, bridges.
station houses. depots, freight houses. warehouses;
turntables, tanks, machine shops repair
shops, docks, wharyes. ferryhouse and other
kind held March 10, 1898, or thereafter acquired
by the Washington County Railroad Company for the
also all locomotives engines. and other rolling
stock and railway equipment and all ferryboats,
ing equipment and all tools rails, ties. machinery.
implements fuel and materials held on March 10, 1883
thereafter acquired by the Washington County Rail-
road Company for the and purposes of the said
railroad branch and also all other property, real
personal mixed held by the Washington County
Railroad Company on March 10, 1898 thereafter
acquired for the Of said railroad or branch or
for the construction operation or maintenance repara
ton replacement of the said railroad or branch
any part thereof; and also all rights, powers,
privileges and franchises and franchises relating TO
or useful for the said railroad sranch, including
the right to operate and maintain the same, held on
U,
ington County Railroad Company; and also all the
tolls rents, issues earnings and prohts of the rail-
road branch and other propsrty rights and IRAN
chises mortgaged or conveyed by said railroad
pany in and by its first consolidated mortgage to
bearing date March TO- 1895 Excepting and reserv-
ing herefrom certain parcels of property heretofore
released by the Central Trust Company of New York
from the lien of certain mortgage made by the
Washington County Railroad Company to the Gen.
trail Trust Company of New York, as Trustee, bear
ing date March 10. 1898, as more particularly de-
scribed in said decree file in the office of the
land Maine
The aforesaid premises. property and franchises
will be sold subject to the lien Of any and all taxes
assessments and water rates levied or assessed
against the any part or portion thereof,
and subject to all claims for operating expenses IN
GLIDING supplies and materials furnished and traIuo
balances which have accrued during the pendency
of this cause and which the available easn IN the
pany at the date of said sale may not be suincient
| to satisfy.
from any person who shall not first deposit with him
| a pledge that he will make good ms bid IN case
of Its acceptance the sum of twenty-five thousand
| dollars (s25 0Oo, In cash by certified check on
national bank or trust company OF the CITY .,
New York or the City OF Boston mace OF enaor ,
payable to the order of the said Special Master.
The deposit received from any unsuccessful bidder
| be struck Off The Special Master will accept
| no bid for the said mortgaged premises, prop
and franchises less than the sum OF two million
three hundred thousand dollars G2, 300 O00) On the
acceptance of bid the purchaser shall forthwith
pay the Special Master in addition to me aInount
| of the deposit qualifying him to bid at SAID saie
the sum OF S25 600 in cash by certified check on
City crs of New York or in the City Of Boston:
made or endorsed payable to the order o.
| fail to make good his bid uoon its acceptance BY
the said Special Master. shall fail after such ac-
ceptance to comply with any order of the court re-
lating to the payment thereof and the contamination
| of the purchase. then the sums deposited ny suSn
purchaser, whether paid in cash or represented by
| check shall be forfeited a penalty for sucn
failure and shall be applied to the paymens "a q
the expenses of the sale or OF resale anu to"alu
| making good deficiency or loss IN case tno
property shall be sold at less price at sach IT,
for which deposit shall have been made.
such deposit shall be returned TO the piooe,
| The purchaser shall on confirmation OF the SAT-
| by the court make such further payment OF
| payments cash account of the purchase prlcs
| as the court may from time to time direct. So mucf
OF the purchase price may not be required by tht
to be paid in cash can either be paid IN cast
| or the purchaser may satisfy and make good suci
residue of his bid in whole or in part by turnnt
IN to be cancelled credited the mortgage bono
and coupons of the defendant Washington Count
railroad Company in and by said decree adjudged u
be secured by it's mortgage deed of trust date'
Mayrb 10 1885 and entitled to share in the dstrbu
ton of the proceeds of sale as provided in and o
said decree entered in this cause and the purchase
will be credited on account Of sueh n9nas anu Soq
pols with such would be payable in casn y
exchange therefor out of the proceeds of sale II N
whole amount Of the purchase price were PAID
[ cash.
The court reserves the right to resell the pror
erty upon such notice as the court may direct
\ payment account of the unpaid balance OF n
purchase price within thirty days after the entT
The aforesaid property. premises and franchise
will be sold in one lot or parcel without Valuation
appraisenent, redemption extension.
For particular description of the propert,
I premises and franchises to be sold, and the term
and conditions OF the said sale reference is hereb
made to the said decree of foreclosure and sal
y entered ia TINS and fled in the office of tn
/ Clerk of the United States Circuit Court for tn
District Of Maine at Portland. Maine.
4 Dated November 49, 1908
CHARLES F. LIBBY,
Special Mastex
| BUTLER. HOFFMAN, JoLINE Z MYNDERSE,
! CHASE EASTMAN.
/ Solicitors for Complainant
NATIEIr OF anR EGI nSI1RIe