The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-05-24

tributive value, to be cancelled or
credited. any OF the outstanding Re
ceiver's 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 & Gin
cinnati Railroad. dated February End.
1902.
/ The mortgage OF the Cincinnati q
Indiana Western Railroad Company,
dated June End. 1907
The general and refunding mortgage
of the Chicago, Cincinnati & Louis
vile Railroad Company. dated July I.
} 1908.
I 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 II the whole
: amount of the purchase price had
been paid In cash.
: 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 deed.
or deeds. therefor upon the express
condition that he will pay, satisfy and
discharge:
, 1. All unpaid indebtedness or OBJ
, legations legally contracted or incur
red by the Receiver In the operation
or on account of the property sold at
any time prior to the discharge OF
such Receiver. This Indebtedness
does not include Receivers Certffi-
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 4
Louisville Railroad Company. prior to
the appointment of the Receiver with
. respect to which a 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
Z 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
Il 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
I mentioned Indebtedness and liabilities
; of the Receiver and of The Chicago.
Cincinnati and Louisville Railroad
d Company. but the same are enforce
Z 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
e whereby the purchaser has the right.
g in the manner therein stated. to con-
+" test any such Indebtedness and liabil-
d ity SO payable by the purchaser.
r 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
e refuse to adopt, any lease, traffic.
trackage or operating agreement, or
other executory contract which may
n be included In the property sold, or
& which may constitute an incident or
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.
,fi 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 instrument
It or instruments of conveyance, assign.
r ment and transfer of the property
d sold under said DEGREES. and upon the
e execution and delivery OF said instru-
e ment or instruments. the grantee or
J. grantees therein shall be let into
k possession of the property conveyed.
J. assigned and transferred. and the Re-
I, ceiver shall deliver all the premises
s. and property sold which may be In
10 his possession or under his control
v over to the purchaser his Successors
l. and assigns. The said DEGREES further
D. provide that all earnings and income
l. derived by said Receiver from the OPP
/, Grafton or on account of the property
a sold, remaining In his hands at the
d date of the delivery of the property to
e. the purchaser. or shall come into the
s. hands OF such Receiver prior to his
n discharge shall be turned over tn the
it purchaser on demand. or at his cleo
e ton shall be retained by the Receiver
o and applied by him subject to the d.
rection of the Court to the payment OF
% the Indebtedness and obligations of
Ne the Receiver which the purchaser 10
e required to pay in addition to his bid.
b After such delivery of the premises.
al the purchaser and his successors or
" assigns shall hold. possess and enjoy
s. the same and all rights, privileges, i'm