Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-18
LEGAL NOTICES.

, piivt ueilS Or eneumpFanees VIII be
II shall be "a condition of the sale Of the
| property described herein and herehy offered
Tor sale that the purchaser or purchasers
shall, parf Of the consideration for such
sale aud In addition 10 the price bid. assuns
and pay all sums. If any, required 10 pay
and discharge any aud all claims that gfaiI
be finally determined upon Intervention hled
oy any creditor, other than bpndholdsr
OF said Johann Holt to have a lien superior
| in rank to the lien Of the aforesaid mort
gages dated March H. 1891. and October 1.
ls96, respectively. provided, however that
such claim claims shall be asserted BY
Intervention filed on or before May 10 1918,
otherWlse such claims not asserted shall
be barred from participation in the benefits
In said decree provided.
ANY party to said foreclosure cause or any
| holder or any OF the bonds or COUPONS So
cnred by any Of tho mort 81 5r=
| referred to may purchase at such sale and
may hold the property purchased in his. its
or their own right. free from any trust or
! night OF redemption
The said sale Will be made to tho highest
| bidder upon the Conditions in said DEGREES
! conditions;
pc sold shall be offered in one parcel and bids
/ invited therefor.
% No bids shall be received from any
bidder for said property who shall not have
sum OF S. 900.
(cl The deposit to qualify bidders an herr
| inbefore provided may be either in cash or br
"A check or checks certified by a National or
state bank or trust company situated in the
sylvania.
such cash checks so deposited by any
bidder win be held a pledge that such
/ bidder win make good his bid. IL accepted BY
said District Court The cash and checks
50 deposited except those deposited by any
| bidder whose bid shall be Professionally ac-
| cepted, viii be returned by the Special Mas
| ter at the conclusion of the sale to ths
| bidder or bidders from whom they were re-
| ceived. The cash and checks so deposited
| by any bidder or bidders whose bid shall be-
professionally accepted as provided in said
/ decree - nv he al Ma
| ter to the bidder bidders from whom they
were received. II such provisional acceptance
shall thereafter not be confirmed by said
| District Court The cash or checks de-
| posted by any bidder in order To qualify
him to bid at said sale WIN be forfeited and
/ applied to the expense of said sale and
| otherwise as may be directed by said Dis
| trict Court in the event that the bidder shall
| not make good his bid. In the event that
! any successful bidder shall fail 10 make good
| his bid, as said court shall direct upon
| confirmation to him of such sale
the said District Court may order q resale
| OF the said property and the said bidder shall
be liable for all the expenses thereof and
! TO the extent Of the payments heretofore
/ made by such bidder. In addition to the cash
| sale, as herenbefore REQUIRED. which shall
| be received as part of the purchase price,
there shall also be paid in cash by the pur-
chaser upon the connrma ton of said saiB .
/ nd from time 20 time thereafter the
said District Court may direct such further
portions Of the purchase price of said prop
| erty requisite to make all payments in and
by SAID decree directed to he made. except
upon the bonds used by such purchaser In
| making payment FOR the property purchased.
Any purchaser of the property sold an
aforesaid may satisfy and make good the bai-
ance Of his bid above the sums re-
quired to be paid in cash, in whole or in part.
! by delivering to the Special Master bonds
| certified under its said mort gage % Joseph
| Goei2. trustee, dated March Il, 1884,
bonds Of Johann Hod. certified under it's
said mortgage to BENJAMIN Bleier. trustee.
dated October I, 1895; or connons respestive-
~ appertsinlng TO any and all of the afore-
said bonds which securities, unless nego-
| table in form and PAYABLE 10 bearer shall
| be duly indorsed assigned In blank, Any
and all Of such bonds or coupons. whether
| delivered TO the Special Master at the time
of the sale or subsequently,. will be received
| at such price value as shall be equivalent
! to the sums which will be payable, out OF th8
| net proceeds of the sale of said property
| for part of the purchase price Of which
| such bonds or coupons are rendered to tha
same extent as II said sale We're made fof
| cash, to the holder or holders of said bonds
| or coupons for his or their just share or
| proportion in that character of such net
proceeds. upon due accounting, apportien-
! ment and distribution of such net proceeds
| The said District Court reserves the right
| 10 reject any bid and 70 retake and resell
| the property purchased upon the failure OF
anv purchaser TO comply with the terms OF
sale with any order of said District Court
| requiring payment. within thirty days after
| the entry Of such order in respect thereto.
Bids for the said property when sold as
! aforesaid must provide for payment pay
ments in cash of such sum or sums as the
| said District Court may deem sufficient to
| make the payments required 10 be made in
| Article vi. of said decree and in the event
| OF the insufIiciency Of the proceeds Of sale
/ Of the said property directed In and by said
decree to be sold to pay in full the respective
! amounts directed by said decree to be paid
out of such proceeds for tho purposes set
| forth in said Article VI of said decree, the
| said District Court reserves the right from
! time to time to require the payment OF such
| purchasers under said decree. In ,the event
| Of the failure or refusal of any such pur-
chaser or purchasers to pay such respecttya
| amounts so required TO be paid within thirty
days after the entry of the order recurring
such payment. the said District Court re-
serves the right to retake and resell the
| said property sold under said decree and to
| apply the net proceeds of such resale to the
! "a vnIent Of the deficiency with which such
| purchaser or purchasers is or are chargeable.
rendering unto such purchaser or purchasers
| the surplus II any, but no such purchaser
| or purchasers win be personally liable for
| the amount Of said deficiency or any part
| thereof and the said remedy In sad decres
| for enforcing the payment of such denciency,
| against such purchaser or purchasers VIII
be exclusive Of all other remedies
The property hereby offered for sale is az
| follows; All and singular the property, real
and personal assets. rights, franchises. con-
| tracts. privileges capital stocks bonds
| chooses In action aud rights Of way, equip
/ ment ana appurtenances thereof Of the de-
| PENDANT, Johann Hoff, Of every kind, nature
and description and wharesoeyer situated,
including the property real and psrsonal
1 as follows. TO wit.
All that tract or parcel Of land and prem
| iees hereinafter particularly described. SIT
uate lying and being In the city Of Newark.
| in the County Of Essex and state OF New
Jersey.
Beginning In the westerly sido Of Boyd
! street at a point therein distant seventy
seven and twenty-five hundredths feet NORTH
s,,'v from the northerly side of WaveFly
place: from thence running northerlg along
said side Of Boyd street one hundred feet
| thence westerly two hundred and forty-two
feet and thirty hundredths feet 10 the
easterly side Of Jelff avenue thence south
erly along said side or JehH aYenge one
! hundred and two and nlnetyzioui huloIsutnss
| feet; and thence easterly two hundred ana
| siXtv-siX and seventy -four hundredths feet
to he place of beginning.
! Being the same premises heretofore con
| veyed by Joseph Goetz and Lena. his wife.
sixth 1898
Together with all aud singular the houses.
| buildings trees ways, waters. profits, prfvi- !.
1 leges and advantages, with the appnTtenaneaS
! TO the same belonging. or IN any wise appeI-
! tanning. and all the machinery nov consti-
tutng the plant Of said Johann Hon IN the
buildings erected on said premises ana AZ
the tools. utensils and appliances used %
| said buildings in the prosecution OF the
business of said Johann Hoff, and all the
| estate and property. real and PERSONAL ana
! the corporate right privileges and trade7
mark of said Johath Hon, and when are
! now owned and coihiected with or appur-
l tenant TO or used for the purpose q operat-
| ing the business of said Johann Hon, except
ing. however all goods and ehatteis which
| excepting also all accounts reeeVaoie sha
| cash in the hands of the receiver and an
cliary receivers of the defendant Johann
The omission from the foregoing descrip
! ton Of any property, real or Personal. rtshtss
! franchises or privileges subject 70 the salu
| mort cages herenbefore referred to or either
| of them or intended SO 10 be snail not oe
| deemed to have excluded such omitted prop
| ertv from the property to be sold as afore-
said. except as expressly hereinoefore eS,
| cepted.
! which the aforesaid property Is to be sold.
The said decree is dated April y, lsi' ano