East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-08-24

Subject also to and save and except
as II may at the foot OF the decree,
as therein provided, be made to ap-
pear whether or not the north half OF
the northwest quarter OF Section ~,
Township north, Range 27 east Is
subject to any of the rights or claims
of ID. w. Bailey or II. ID. Mapes, with
the. right to the purchaser to acquire
and to enforce all delinquencies
against the said Mapes or the said
Bailey for maintenance and water
rates delinquent thereon; and sub
ject also to the upkeep and mainten-
ance of the property with respect to
water rights, ditches and fumes and
such other claims and demands as
may arise from the passing of said
decree until final transfer of title un-
der the SALE the termination of the
receivership herein and the discharge
OF said Special Master;
Subject also TO all valid taxes and
assessments and liens arising by,
through and from any constituted au-
thority imposing the same which are
prior to or preferential or superior In
point of time or right to the lien OF
the said mortgage and deed OF trust
OF March /, 1906, with the right to
any purchaser or purchasers, or his
or her successors and assigns. to en-
ter his or her appearance In said court
to contest any claim. demand or al
lowance made or existing after the
decree or which may arise or be pre-
sented and become payable by said
purchaser or any successor OF him or
be chargeable against the property
purchased in addition to the amount
bid by any such bidder or purchaser,
always allowing any party who hath
claim or demand, right or interest,
not deemed to be sufficiently pro-
tected or included within the terms
OF the decree, be he party or privy TO
the party to the proceeding, upon
proper showing and due interest ap-
pearing in him, to apply to the court
for further order and direction as
may be meet and in consonahce with
equity;
Subject also to, and with notice to
any bidder or purchaser to take In
accordance with all of said properties
conformable to any arrangements or
conveyances, agreements, deeds OF
trust. or other contracts made through
the receivers with the United States
of America accomplishing, or pro-
DtSltlR 81 " uO. NiAt lllNlhoi'lA "a o'A'N
properties within the Western Ex-
tension of the Umatilla Project of the
United States Government for the re-
clamation OF arid lands in the State of
Oregon, as authorized by the general
order of court on the petition OF SAID
receivers on the 18th day of June,
1911:
Said sale, however, to be upon the
f,aN AZ
sale or any adjournment thereof the
said Special Master shall offer said
property as an entirety to the highest
bidder for cash, and shall not enter
tain or receive any bid in any less am
cunt or which shall not at least equal
the amount of the principal and ac-
crued interest of all Of said bonds at
the time of said sale. and upon re-
ceiving any bid the bidder to have the
same entertained, and before said
Special Master can receive and ac-
cept the same said bidder shall make
good his bid by a deposit with the
Special Master of not less than sum
OF ten per cent thereof in cash, or by
certified check upon some bank oI
banker in the city of Portland; that
the said bidder shall make his said
bid good, or said bidder may tender
as earnest and pledge to make his
said bid good a sum or amount In
value of the bonds secured by the said
mortgage or deed of trust of March ]
1906. not less than $4,000, and de-
posit the same with said Special Mas
ter or in the registry of the court
with the clerk thereof, taking his re-
ceipt therefor, and said receipt may
likewise be deposited in lieu of said
bonds with said Master, and the de-
posit received from any such bidder
If the property shall be struck down
to him, shall be held and applied on
account of the purchase price thereof
for which the bid was made; but in
the case of any unsuccessful bidder
or one bidding to whom the property
Is not struck down, and he has made
deposit, the same shall be returned
to him when the property shall have
been sold, and If the curt shall not
confirm the sale for which the depos-
II shall have been made, then the de-
post shall be returned to the bidder
and in case any bidder or purchaser
shall fail to make good his bid upon
it's acceptance by the SPECIAL Mas
ter or in case after acceptance by the
Special Master said bidder or pur-
chaser shall fail to comply with any
order of the court'relating to the pur'
chase of the property to be made IN
the premises. then the sum in cash OF
bonds deposited shall be forfeited as
penalty for such failure and non
compliance and be applied to Jard the
| expenses of a resale and for making
good any loss or deficiency In case OF
a sale at a less price than at the prl'
or sale. Any purchaser may satisfy
and make good any part of his bic
not required to be paid in cash, by
turning in to be cancelled or creditet
/ any bonds or coupons payable out OF
| the proceeds upon distribution there
| of. and receive credit therefor on ac'
count of his bid with such sums as
would be payable on said bonds anC
/ coupons on the purchase price If the
whole amount thereof had been paiC
in cash, and n receipt from the clerF
! of the court that he holds bonds a.
( therein described subject to the or
der of the party in the receipt named
shall be by the Special Master accept
ed and received in lieu of the bonds
as a deposit at the time of sale anC
on account of the payment of tn,
purchase price of like force and effec
as though the bonds had been them
selves delivered. And the said pur
chaser shall take and receive all o
the property purchased, subject to tn,
performance by him or his successors
or assigns of all pending contracts II
respect thereof lawfully made b,
Oregon Land and Water Company o.
by the receiver or receivers and o
by or impressed upon the same by or
der of court.
Within thirty days after the max
ing of said sale, the purchaser o
| purcb aSars shall nav or cause to n,