New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-09
MASTERS SALE.

lien thereof vs. prior 10 the lien OF naid
Wrist and Refundng Mortgage upon any oi
the railways and property covered 10y snld
First and Rcfundng Mortgage. The prop.
crty will be sold free and clear Of any and
all debts. claims and charges other than
those above specified. ana any and all Such
debts. claims and CHARGES which may net,-
after bc adiudEcd 80 hc prior or superior
to said First and Refunding Mortgage shall
Doe payable out ~ tho proceeds 81 the sac
~ the said property. all questions relating
to the priority or superiority of any ana an
such debts claims and charges being re
served for future determination, except IN
50 far as thu same have been determine
10y order OF the above named Court IN thls
cause dated May -. 1915.
The Special Master will accept no bid Tor
less than $e.100 600. and he will receive no
bid from any one offering TO hid VINO sn"l'
not deposit. at least twenty four hours n '
fore tho time appointed FOR such sale. WIN
tho Special Master. as pledge thht II"
will make good his hid in case or us "'-
ceptancc, tho sum OF S25.0OO IN casn "t
by certified chcque on sonc Natloi'l lam
or Trust Company ~ tho city Of Now York
acceptable TO the Special Master. or In lieu
thereof $4,000, face amount, OF Sald fH"'
aud Rcfunding Mortgage Gold bonds II IN
bearer form and accompanied by the cou-
non due July ]. 1914, and all subsequent
coupons The Special Master viii accept
the highest and best hid received equal 10
or exceeding the sum of S2.lOO. 900, wheh
offered as aforesaid. and will knock down
the property sold TO such bidder, subject
TO confirmation Of the sale by the court
on the acceptance ~ any bid pN inc Spe-
cial Master the bidder whose bid shall have
hocn accepted must forthwith deposit with
tho Spccial Master. in addition 10 the caSh
or bonds deposited in order to quarry MIN
10 hid IN, additional sum Of $4,000. IN
cash or 10y certified Cheque on some 10
ttonal Bank or Trust Company IN the Clty
OF New York acceptable 10 inc Speclal
Master or in lieu thereof 100000. face
amount. Of said First and Rounding Mort
is..f.f Cntln0nE
lf6resaid The deposit received from any
unsuccessful bidder will be returned 10
him when tn" property shall ne struck "i,,
The deposits received from tho successful
bidder viii be applied on account OF inc
purchase price In lieu OF any deposit on
First and RcfundinE M0rtgaG" Gold Bonds
as aforesaid the Special Master may ac-
cent the certificate Of The Equitable Trust
company of New York that II holds sub
icct TO his order tho amount sp'cln'd III
said certificate Of said bonds IN nearer
form and accompanied by the coupon.
therein stated ANY owner or holder OF
any Of the said First and Reminding Mort
carc Gold Ronds may hid and purchase AZ
said sale The right is reserved 10 the court
Ia reject any or all bids received and to
confirm and direct the contamination or
any sale I'm accordance with the PROVISIONS
Of said decree -. 49,
additional deposit either in cash or ny
rheoue or in said bonds hereinbefore re-
ouired. or after such acceptance shaH tdll
TO comply. Wlthln IN. IeiiUu " ,N,tS
10 Tho pavmcnt thereof on the completion
81 the purchase. then the sums deposited
by such accepted bidder as herelnbeiore
nrovided whether in cash or by cheque or
nv First and Reminding Mortgage Goid
Bonds. will he forfeited as a penaIty LOT
.uch failure and will he applied TOWARDS tne
n.v,nent Of the expenses OF resale ana
to,yard making good any deficiency or loss
in case the property shall he sold al less
price on any such resale. and To such other
purposes As tho Court may direct II the
court shall not confirm the sale, the de-
nosits made by the accepted bidder shall
forthwith he returned TO such bidder
The purchaser must, on confirmation OF
the sale 10y the Court make such further
payment or payments In cash on account OF
The purchase price rs the Court may from
time 10 time direct. So much OF me pur
chase price as may not he required ny INC
paid in cash or the purchaser may satisfy
and make good such residue or his ma IN
whole or in part. by turning over 10 ne
cancelled or credited as hereinafter pro-
vided. First and Reminding Mortgage Gold
Ronds and the coupons thcreunto apper-
tanning which matured July !, 1914 Inc
purchaser Will be credited on %ec3uhI OF
Nortgdge Gold Bonds and coupons turned
in as aforesaid. with such sums as WouId
be paid in cash upon such First ana re
funding Mortgage Gold Bonds and cou.
pons. respectively. out Of the proceeds OF
sale IL the whole amount of the purchase
price had been paid in cash.
The right is reserved TO the court 70
retake and resell the property upon such
notice as IL may direct. at the risk ana
cost Of the purchaser. in case the pur-
chaser shall fail or omit to make any pay
ment on account OF the purchase price
within twenty days after the entry OF inc
order requiring such payment
The purchaser or his successors and as
signs will not he required TO see 10 the
q pplication Of the purchase money and VIII
have the right 70 enter his or their ap-
pearancc in the District Court Of the
United states for the Southern District or
Ohio. Western Division, and TO become
The purchaser and his successors or as
signs as well as all parties ana claimants;
will have the right TO contest any ana az
claims. demands and allowances IN sald
cause or the preference or priority thereon
and may appeal from any and all decisions
relating to such claim. demand or allow
anCe.
The purchaser and his successors or as
signs will have the right, for the period or
thirty days after the delivery Of the deed
or instruments Of transfer from the Special
Master to elect whether or not TO assume
or adopt any lease or contract made by IN
said defendant Cincinnati. Indianapolis &
Western Railway Company or its predeces-
sors I'm interest and such purchaser, ms
successors or assigns, VIII be held not 70
have adopted or have assumed any such
lease or contract in respect OF which ne or
they shall have filed "A written election not
7
Of the above named Court within such
period Of thirty days. The purchaser ana
his successors or assigns viii have the
right TO elect not TO take any part OF the
said property by written notice TO the Sp'-
cial Master given at any time prior to the
execution and delivery OF the deeds or m
struments Of transfer from the Special
Master 80 such election by the pur-
chaser. his successor or assigns VIII dimin,
ish or affect the purchase price 70 be paid
bv the purchaser The deed or lnstIu-
ments Of transfer TO be given by the Spe-
cial Master. by the defendants herein and
bv tho compliments. will expressly except
thcrefrom any and all property which the
purchaser. his successors or assigns snail
so elect not 70 take.
For a more detailed statement OF the
terms and conditions under which said sale
will be made reference is hereby made 10
The above mentioned decree. the original OF
which is on file in the Office OF the Clerk
Of the District Court OF the United states
for the Southern Disttict OF Ohio. Western
Division, and copies Of which may be OBJ
tanned from the solicitors for Complalndnts.
Murray. Prentice a Rowland no 81 Wall
Street. New York. or from Paxton. War
riugton & SeasongOod. Gwynne Building.
Cincinnati. Ohio.
Dated August :. 1915.
NOBLE &. BUTLER.
Special Master.
FORECLOSURE SALES.