East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-08-17
confirmed to oregon Land and Wa

pear Whetner or not the nortn nhll Ol
the northwest quarter OF Section ~,
Township north, Range q 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 delnquencies
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 10
water rights, dltches 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-
a., hn G
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 consonance 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-
posing so to do, the inclusion of said
properties within the Western Ex-
tension of the Umatilla Project of the
United States Government for the re-
Oregon. as authorized by the general
order of court on the petition Of said
receivers on the 10Th day Of June,
1911;
Said sale, however. to be upon the
following terms that on the day OF
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 a sum
/ OF ten per cent thereof in cash, or by
certified check upon some bank or
banker in the city of Portland; that
the said bidder shall make his said
ebid 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 l,
| 1906, not less than S50,000, 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
Ia Af
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-
il shall have been made, then the de-
post shall be returned to the bidder
and i'm case any bidder or purchaser
shall fail to make good his bid upon
| its acceptance ny 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 or
bonds deposited shall be forfeited as
a 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 less price than at the pri-
or sale. Any purchaser may satisfy
and make good any part of his bid
not required to be paid in cash, by
turning in to be cancelled or credited
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 and
coupons on the purchase price If the
whole amount thereof had been paid
in cash, and receipt from the clerk
of the court that he holds bonds as
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 and
on account of the payment of the
purchase price of like force and effect
as though the bonds had been them
selves delivered. And the said pur-
chaser shall take and receive all OF
the property purchased, subject to the
performance by him or his successors
or assigns of all pending contracts in
respect thereof lawfully made by
Oregon Land and Water Company or
by the receiver or receivers and or
by or impressed upon the same by or
der OF court.
Within thirty days after the max
ing of said sale. the purchaser oil
purchasers shall pay or cause to be
paid oil OF the balance of the sum bio
for said property over and above the
deposit applied thereto, and complete
, the entire transaction, and upon such