The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-06-21

tributive value. TO be- cancelled or
credited, any OF the outstanding Re-
ceivers Certificates heretofore issued
under DEGREES entered In the said
suits. or any bonds or coupons payable
out OF the proceeds OF the sale upon
distribution thereof: namely. any
bonds or coupons secured by any OF
the mortgages foreclosed by said de-
crees. to-wit:
The mortgage of the Cincinnati.
Richmond & Muncie Railroad. dated
October LIST. 1900.
! The mortgage Of the Chicago 4 Gin.
cinnau Railroad. dated February 2nds
1902.
! The mortgage Of the Cincinnati q
Indiana Western Railroad Company
dated June End. 1902.
The general and refunding mortgages
of the Chicago. Cincinnati & Louis
willie Railroad Company. dated July l.
| 1908
| The purchaser will be credited on
account OF the purchase price for the
Receivers Certificates. bonds and
coupons so turned in, with such sums
as would be payable on such Receiv.
er's Certificates, bonds and coupons
out of the purchase price If the whole
amount of the purchase price had
been paid in cash.
i 5. The purchaser shall. as part OF
the consideration and purchase price
of the property purchased and In ad.
dition to the amount of his bid. take
the property sold and receive a deed.
or deeds, therefor upon the express
condition that he will pay, satisfy and
discharge:
+ 1. All unpaid Indebtedness or oh.
!. legations legally contracted or incur
red by the Receiver in the operation
or on account Of the property sold al
any time prior to the discharge OF
such Receiver. This Indebtedness
does not include Receivers Certifi.
Gates which under said DEGREES are
payable from the proceeds of the sale.
}, ?. All unpaid indebtedness and LA
bilities contracted or incurred by the
defendant, The Chicago. Cincinnati &
Louisville Railroad Company. prior to
the appointment OF the Receiver with
!, respect to which petition of inter.
vention or proof OF claim has hereto
fore been filed In any of said suits.
and which the Court shall adjudge to
be entitled to payment prior to the
bonds secured by any of the mortgages
above mentioned.
The purchaser at the sale shall also
take the property sold subject to the
performance by him. or his successors
! or assigns, of all pending contracts
. heretofore lawfully made by the said
Receiver. 1t is provided in said de-
: crees that the purchaser shall not be
personally liable to pay the before
mentioned Indebtedness and liabilities
: of the Receiver and of The Chicago.
Cincinnati and Louisville Railroad
d Company, but the same are enforce.
I able only against the property sold
> which the Court reserves the right to
d retake and resell for that purpose.
e Provision is made in the said DEGREES
g whereby the purchaser has the right,
6 in the manner therein stated. to con.
+" test any such Indebtedness and liabil.
d ity so payable by the purchaser.
= The purchaser shall have ninety
d days from the date of confirmation OF
Il sale in which to elect whether or not
n to adopt and continue In force, or to
g refuse to adopt, any lease. traffic
trackage or operating agreement, OF
other executory contract which may
n be included in the property sold, Oh
& which may constitute an incident Oh
l. appurtenance thereof and neither
n such purchaser. his successors or as
d signs shall be deemed to have as
e sumed or adopted any Of said con
j., tracts which he or they shall not elect
d to accept or assume.
I'll Upon payment Of the purchase price
r bid by the purchaser or upon making
: such provision therefor as the Court
e shall approve, and upon confirmation
!, of the sale the Special Master will
execute and deliver to such purchaser
e or his assigns a proper instrumen,
It or instruments of conveyance. assign
r ment and transfer of the property
d sold under said DEGREES. sad upon the
e execution and delivery OF said instru
;e ment or instruments. the grantee Of
J. grantees therein shall be let into
k possession of the property conveyed
a. assigned and transferred, and the Re
k. ceiver shall deliver all the premises
s. and property sold which may be II
10 his possession or under his contro
" over to the purchaser, his successor,
b. and assigns. The said DEGREES furthel
o. provide that all earnings and incom,
a. derived by said Receiver from the op
d, Grafton or on account OF the propert!
IA sold. remaining In his hands at tn.
ID date of the delivery of the property Il
e. the purchaser. or shall come into tn,
s. hands OF such Receiver prior to hil
h discharge, shall be turned over to thu
at purchaser on demand, or at his elec
re ton shall be retained by the Receive
to and applied by him subject to the di
rection Of the Court to the payment o
10 the Indebtedness and obligations o
,e the Receiver which the purchaser Il
,e required to pay in addition to his bid
h After such delivery OF the premises
al the purchaser and his successors 0
" assigns shall hold, possess and EMO.
IS. the same and all rights, privileges, i'm
: rc,,r3S1os and frauch4aoR anua~f - 0yu,