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

|
and deed Of trust aud supplements thef''o
/ shall he payable out of the pf"'eeus oi
sal. Of the said property at queHtlons TO
lating to the priority OF superiority OF any
AMI All such debts. claims and charges
being reserved for future det'Imlhh,lon,
! Except IN SO far az the same nave pes .ii
determined by order OF the apoH' IA,
/ court In this cause dated May u. lVI'.
The uhdcrslgncd will receive no bld from
J any one Offering 10 bid WI" shhIl ho' a.
post. at least twcnty-four hours beIoi' Ine
I lime appointed for such sale, with the uh
/ dersigned AZ a piedg. that he VIII mhke
/ good hts bid In cas-" OF It's acceptance, the
sum Of {25,OOU cash or by Crrtihed ch''h
4 on somc national bank or trust company
! ~ the city Of New York acceptable 10 'ne
! un,lerglgncd made or endorsed payaple ~
/ the order OF the undgrFigned as Sp, ,''I
J Master. In lieu Thereon SUM- - -
3 amount Of the First Mortgage rive ier
! cent Gold Bonds Of The Indiana, De
/ cntur aud Western Railway company ~
/ sued under the mortgage and deed "t lrus''
/ dated November |, 1895, ana It's supple. .
4 ments between The Indiana. Decatur anu
3 western Railway Company. ana teh', ..
: Trust Company of New YORK ana aug uH.u
/ l. Mason as Trustees, " ~ heat'I ini w
| and accompanied by the coupon du" July
I I 1874 and all subsequent coupons Such
/ dcbosit. however. may bc. made party IN
! cash or certified check ana pa, wy ~
/ bonds and In the above relative pIVPui
{ tons The undersigned VIII accept no
! bids for tho property for less IMAM ,ne
/ sum ~ si.iO0.00O. He VIII hccep' 'nr
i highest and est llfl if''lf'i
| nxceedinr the said sum Of 81 10000 when
} offered as aforesaid and VIII knock uoWn
| the property sold to such bidder supJe.t
/ To confirmation of the sale ny the '"ul I"
/ ON me accrptauce Of any bid by the I'M
/ Ierstpned the bidder whose bid snail nave
/ been accepted must forthwith deposit WIN
/ the undersigned. in addition 70 ne Vasn
or bonds deposited In ORDER 10 quarry mn
I 70 rid the additional sum OF kto,VuV VI
( cash or by certified check on some hat"naI
3 bank or trust company ot the Ivy "i ~
D D. IL. - ~
or endorsed payable to IN" order OF the
/ undergigned as Special Master, ur IN leu
| thereof $4,000 face amount ot me saiu
| First Mortgage Five Per cent 'pld bpnus
/ ~ tho Indiana Decatur and Western Rail-
wav Company. n ia bearer form ana hc-
companied by the coupon due July J. 81
and all subsequent coupons Su'h Huu,'
tional deposit, however. may De hial'
nartIv In cash or certified check. ana
partly m bonds. put in the above IelsuEe
proportions. Tho deposit received ron,
B any unsuccessful bidder VIII be returned
10 him when the property shall be struck
Of The deposits received from the sue :
cessful bidder will be apple ON account OF
the purchase price. In lieu OF any deposItt
~ First Mortgage Five Per Cent Gold
Bonds as aforesaid with the undcrsigned ne
may accept the certificate OF tentihi lluS'
Company Of New YORK that II nous, SUI
iect to his order and direction, the amount
specified In said certificate of sdld BONUS
IN bearer form and accompanied by inc
coupons therein stated. Any oWh'r OF
U
Per Cent. Gold Bonds Issued under sdli
| mortgages and deed OF trust may pa anu
purchase at said sale. The right - re-
served TO the Court 10 reject any OF an
lids received and to confirm and direct the
: contamination Of any sale IN accordance
with the provisions OF said decree In case
any bidder shall fail TO make the addl
/ tional deposit either In cash or check or
In said Bonds heretnbefOre required OF
after such acceptance to comply "Ilnln
the period Of twenty days with any ordet
~
I thereof on the completion Of the purchase .
then the sums deposited by such accepted
/ bidder as hereinbefore provided ~nether
in cash OF by check or ly FIRST MortBdse
Fivc per cent Gold Bonds. Will be Tor
feitcd as penalty for such failure ana
will be applied towards the payment OF
the expenses Of resale ana toWaId
/ making good any deficiency or loss IN
/ case tho property shall be sold AZ "a l'ss
price on any such resale ana 10 sue
nther purposes as the Court may direct
~ the CONT shall not confirm the sale the
deposits made 10y the accepted BIDDER Viii
forthwith be returned TO such BIDDER: Inc
b purchaser must on continuation OF cne
sale by the Court make such turtheI pay ,
meut or payments In cash on account OF
( the purchase price as the Court may from
time to time direct So much OF the pur-
. chase price as may not be requlreu ny
the court 10 be paid In cash may either
he patd in cash. or the purchaser may SAY
isfy and make good such residue Of his pa
I in "A hole or in part, 10y turning over 10 be
r,ncelIed or credited. as hereinafter pro-
,ided First Mortgage Five Per cent. Holu
{ Bonds II The Indiana, Decatur ana Ntst =
orn Railway COMPANY, secured by ne saIu
. mortgage and deed of trust dated NoNem-
Ler : 1895. and the coupons thefeuhto ap-
pertaining which matured July !, 1913.
+ Tho said purchaser Will be credited on &C
count Of the purchase price for FIRST MORT,
pare Five Per Cent. Gold Bonds ana
commons turned in as aforesaid with such
sums as would be paid IN cash upon such
First Mortgage Five Per Cent Gold Bonds
!
/ ceeds Of sale. II the whole amount OF tne
purchase price mad been paid IN cash. Inc
right is reserved 70 the Court 10 re-ta IKE
ana resell the property upon such no
tice as IL may direct. at the FISK anu
cost OF the purchaser, in case the pur-
chaser shall fan OF omit 10 max any
/ within twenty days after the entry OF
the order requiring such payment. Inc
purchas,r or his successors ana assigns
{ will not be required to see TO inc applIcd-
ZION - the purchase money and shall have
/ iii. rteht 10 enter his or their appearance
, i'm the District Court OF the United states
for the Southern District Of Ohio. western
b Division. and 10 become q party 10 'hls
Thc purchaser and his successors or as
signs as well as all parties ana clalIHahls >;
shall have thu right 10 contest any ahd
. an claims demands and allowances IN sald
cause or the preference or priority thereol,
and may appeal from any ana an uecislohs
q relating to such claim, demand OF dllON-
80 The purchaser and his successors
ar ,s.iens shall have the right, for the
period Of thirty days after the "ell'eIy OF
The deed OF instruments OF transfer from
IN, undersigned, To elect whether or not
10 assume or adopt any lease or contract
? mad, by the said defendant Cincinnati
Indianapolis and Western Railway Com,
many or its predec, ssOrs IN interest ana
such purc haser. his successors OF assigns
shall be held not 10 have adopted or as
s,Iued any such lease or contract IN re-
D. snect Of which he or they shall nave nIed
A written election not 10 assume or auoP'
the same with the Clcrk OF the above
named Court within such period or thirty
DAYS The purchaser and his successors
ar assigns shall have the right 10 elect
not t. take any part OF the s"ld pTopyIty
by written notice to the undersigned given
AZ auv time prior to the execution and de-
livery II the deeds or Instruments OF trans
fer from the undersigned. No such eIeC-
tinu bv the purchaser. his successors or
assigns. shall diminish or AFFECT the put-
chase price to be paid by the pHrcnasS',
Tho deed or instruments Of transfer 10 De
Given by the undersigned, the defendants
herein and the comp.ainants snail eN-
pressly except therefrom any and all prop
erty which the purchaser. ms successor
or assigns shall SO elect not to take.
For a more detailed statement or the
terms and conditions under whlch sara
sale will be made, and Tor more pa :
tirular description OF said property TO be
so sold reference is hereby made TO the
aforementioned decree the oE5lha! OF
which is on file In the Office OF the Clerk
Of the District Court Of the United states
for the Southern District OF ono western
DIVISION and copies 0f which may be Oh
tanned from the solicitors for complainants,
Joliuc Larl<lu & KdthDOne. NO - wal
street New York city, or from Pahton'
Warrington & Seasongood. Gwynne Build-
ing Cincinnati Ohio.
NOBLE G. BUTLER.
Special Master.