The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-06-07

rribuuve value. to be cancelled Of
credited. any OF the outstanding Re
ceiyer's Certificates heretofore issuet
under DEGREES entered In the sale
suits. or any bonds or coupons payable
out of the proceeds Of the sale upor
distribution thereof: namely. any
bonds or coupons secured by any q
the mortgages foreclosed by said de
crees. to-wit:
The mortgage of the Cincinnati
Richmond & Muncie Railroad. dates
October list. 1900.
The mortgage OF the Chicago 4 Gin
cinnati Railroad. dated February End
1902
The mortgage OF the Cincinnati !
Indiana Western Railroad Company
dated June End. 1899.
The general and refunding mortgag.
of the Chicago. Cincinnati & Louis
vile Railroad Company. dated July !
1908.
The purchaser will be credited OF
account OF the purchase price for tn.
Receivers Certificates. bonds an.
coupons so turned in, with such sunn
as would be payable on such Receiv
er's Certificates. bonds and coupon
out OF the purchase price II the whok
amount of the purchase price has
been paid in cash.
), The purchaser shall, as part
the consideration and purchase pric
of the property purchased and In ae
dition TO the amount Of his bid. TAX
the property sold and receive deco
or deeds. therefor upon the express
condition that he will pay. satisfy an
| discharge:
/. All unpaid Indebtedness or OF
legations legally contracted or Incur
red by the Receiver in the operation
or on account of the property sold
any time prior to the discharge
such Receiver. This indebtedness
does not include Receivers Certif
Gates which under said DEGREES sr
payable from the proceeds OF the sale
,. All unpaid Indebtedness and !is
bilities contracted or incurred by tn
defendant, The Chicago. Cincinnati
Louisville Railroad Company. prior t
the appointment of the Receiver wit
respect to which a petition OF inter
vention or proof of claim has hereto
fore been filed in any of said suit
and which the Court shall adjudge /
be entitled to payment prior to tn
bonds secured by any OF the mortgage
above mentioned.
s The purchaser at the sale shall ais
take the property sold subject 10 tn
performance by him. or his successor
or assigns. of all pending contract
heretofore lawfully made by the sal
Receiver. It is provided In said de
crees that the purchaser shall not b
personally liable to pay the befor
mentioned Indebtedness and liabilitia
of the Receiver and of The Chicago
Cincinnati and Louisville Railroa
Company, but the same are enforce
able only against the property sol
which the Court reserves the right :
retake and resell for that purpose
) Provision is made in the said decree
; whereby the purchaser has the righl
in the manner therein stated. to cor
test any such Indebtedness and liabi
ity SO payable by the purchaser.
: The purchaser shall have ninct
days from the date OF confirmation q
{ sale in which to elect whether or nc
! to adopt and continue in force. or I
. refuse to adopt, any lease. traffi,
. trackage or operating agreement, q
other executory contract which ma
a be included in the property sold. {
{ which may constitute an incident Z
/. appurtenance thereof and neithe
d such purchaser. his successors or q
1 signs shall be deemed to have q
e sumed or adopted any OF said col
:. tracts which he or they shall not ele,
4 to accept or assume.
/ Upon payment of the purchase prize
: bid by the purchaser or upon maxim
: such provision therefor as the Coul
e shall approve. and upon confirmatio
!. of the sale the Special Master wi
execute and deliver to such purchase
e or his assigns proper instrumel
{ or instruments of conveyance, asslg
: ment and transfer OF the properi
d sold under said DEGREES. and upon II
e execution and delivery OF said instr
e ment or instruments, the grantee /
: 81 dutCCo luCIcu oudI NC ISt HI,
K possession of the property conveye
l. assigned and transferred, and the r
{. ceiver shall deliver all the premis>
5, and property sold which may be
o his possession or under his contr
Y over to the purchaser, his successor
l. and assigns. The said DEGREES furth,
} provide that all earnings and incon
J. derived by said Receiver from the o
/. Grafton or on account of the proper1
a sold, remaining in his hands at Il
d date of the delivery of the property
= the purchaser. or shall come into Il
J. hands Of such Receiver prior to b
b discharge. shall be turned over to IL
It. purchaser on demand. or at his ele
e ton shall be retained by the Receiy,
o and applied by him subject to the 4
rection Of the Court to the payment
o the Indebtedness and obligations
e the Receiver which the purchaser
e required to pay In addition to his bi
h After such delivery Of the premise
il the purchaser and his successors
= assigns shall hold. possess and enjt
). the same and all rights. privileges, II
l