The Alaska daily empire., 1914-05-07

MAY z, 1914.
 States Marshal shall: (FIRsT) satis' fy out of the proceeds of said sale, the costs of said sale. (SECOND) Amounts found to be due hereunder on account of trustees expenses and compensation and attorneys fees. (THIRD) Apply the balance to the amount found to be due under para graph No. hereof on account of the bonds and interest under said mort gage deed of trust to the Central Trust & Savings Company, of which, Lewis Porter Hammond Is successor, as trustee (FoURTH) That the surplus, if any, be deposited in this court for the satisfaction of the persons entitled thereto who may make application to this court; and,
 CD It is further ORDERED, AID. JUDGED and DECREED that the holder or holders of any bonds under the mortgage deed of trust may bid with bonds in lieu of cash, after pay. ing: (FIRST) The costs and expenses of said sale. (SECOND) The amounts found to be due on account of trus- tees expenses, compensation and at torney's fees, and be credited there after on account of said bid with such surplus as would be payable upon said bid to such bondholders out of the surplus left after paying the costs and expenses of trustee and trustees attorneys, but shall pay the balance of such bid into the court through said marshal so that the bondholders not participating in said bid shall be rat ably paid; and
 (3) It Is further provided that no sum shall be credited on account of said bonds in excess of the face value thereon, together with interest now due thereon.
 CD If the property described here in be sold under paragraph co of this decree, that is to say, if all of the property described in this decree be sold in bulk to the highest bidder, then the United States marshal shall: (FIRST) Satisfy out of the sum bid, the total amount due for costs and eX- penses of this sale. (SECOND) The total amount due to the Wyoming Valley Trust Company as trustee on account of the expenses and coEpen- sation of such trustee and on account of attorneys fees. (THIRD) The total amount due to the Wyoming Valley Trust Company, as trustee, on account of the mortgage and bonds described in paragraph No. 2 of this decree, both as to principal and interest, and | (FOURTH) The total amount due to tue plaintiff, Lewis Porter Hammond. as trustee, on account of trustees eX- penses and compensation and com Iensation of attorneys fees for trus. tee provided for hereunder. GIFTED fhe balance shall be applied to the payment and satisfaction of the mort gage deed of trust described in para. graph No. 8 of this decree. (SlXTH) That the surplus, if any, shall be de- posted in the registry of this court for the benfit of those entitled there to who hereafter may make applica- tion to this court. (SEVENTH) Alter satisfying the costs and expenses of | this sale and the costs and expenses of the trustee herein, and their com pensation and their attorneys fees, | the amount bid may be paid in the following manner, to-wit: The said Lewis Porter Hammond, as trustee, may pay the total sum of $346.OO, be- ing the principal and interest due to Il the Wyoming Valley Trust Company on account of the two bonds not held by the said Lewis Porter Hammond under the mortgage deed of trust described in paragraph NO. I2 of this decree and may surrender the S7 bonds held by :he said Lewis Porter Hammond, as trustee, for the sum of $l5,O51.O0, being the principal and interest due upon the said ST bonds and have said amount applied upon said bid in lieu of cash, and the said Lewis Porter Hammond, may, after satisfying the prior charges above mentioned, to-wit: the costs and expenses of the sale, costs and eX' penses and compensation of trustees and of attorneys fees, and the amount of the mortgage due to the Wyoming Valley Trust Company under para graph No. 2 herein, and after the said charges are deducted from the amount of his bid, pay the balance of such bid by having credited upon the 96l bonds held by him, 961-100O of the bal ance due upon such bid, and shall pay into the court the balance of such surplus amount so bid to-wit: 39-1OOO in cash, provided, however, that if the said bid shall exceed the amount of the prior charges above set forth and the amount of the mortgage from the said The Jualpa Company to the Cen tral Trust & Savings Company, the amount of excess shall also be depos' tied in court through said United States Marshal, to be disbursed under order of this court to the persons thereunto entitled: and.
 (2) It is further ORDERED, AD' JUDGED and L..CREED that any or all of the holders of the said 39 bonds issued under the said mortgage deed of trust and not deposited with the said Lewis Porter Hammond, may also have the right to bid under said mort gage deed of trust, after paying the costs and expenses of sale and costs and expenses and compensation of the trustees and their attorneys, and pay
 ing the amount due under the mort gage deed of trust to the Wyoming
 Valley Trust Company, described in paragraph No. of this decree, by de
 posting with the United States Mar
 shal, the bonds so held by said persons desiring to bid, and having credited thereon such sums as would be pay
 able upon said bonds after paving
 the prior charges above described
 the same as if the whole amount oi
 said bid had been paid in cash, but
 shall pay the balance of said bid 1T
 cash so that the holder or holders o
 other bonds not participating in saiC