New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-30
MASTERS SALE

agreed upon ~ the paIues IN lhtsI 49,
aud tho Court reserves the right and re-
tains the power and jurisdiction 90 20 90.
and tho right. power and turlsoicuon %
take back and resell any property that
shall be sold under said DEGREES. In case
tho purchaser or purchasers. or his or
their successors. shall fall 20 pay any OK
the claims mentioned In said Ariicle' WIN
in twenty days after service OF an order
Of the Court requiring such payment, or X
an appeal be taken from any snch ordet'
within twenty days after service OF wiz
ten notice Of Anal confirmation Of such or
der upon appeal
In the event that any purchaser sf,sr
demand made. shall refuse 70 pay any OK
bilities which under the provisions OF
said Article XVII he IS or may be re-
CURED 10 pay. the person holding the claim
therefor. upon twenty days notice 20 sucn
purchases. may ola a petition in the Court
70 have such claim enforced against inc
property sold TO such purchaser, N se-
cordancs with tho Usual practice OF tns
Court In relation to payments OF a similar
character; and such purchaser shell na.s
the right 10 appear and make defense 20
any claim. debt or demand or che priority
thereof so sought to De en- )rced.
10. Article XVII OF said DEGREES provides
that the Receiver shall not more than NJ
teen nor less than ave days prior 20 tns
date a1ed for re s'ds r tSs ustsd STATES
District Court for the Eastern Diatrlct or
Missouri Eastern Division. an approximate
reference 70 all rolling stock and othe,
property acquired by him. the amoI'' o.
moneys in his hands. and with refe, en-
TO certain indebtedness liabilities claims
and demands OF tho Receiver ana OF Inv
ii. Any purchaser OF the property de,
scribsd in Article VII and In Article n.
OF the said DEGREES aud In the descrptr'
clauses hereof or OF any parcel thereof.
will have the right 20 enter his appsarep %
in said consolidated causes. and he or = NJ
~
wherein Corn mon wealth Steel company md
Guaranty Trust company OF New YORK tno
Benjamin y. Edwards. as Trustees 1rs
complainants respectively. Will have tn'
right 10 contest any claim, demand or al
lowance existing at the time or the $50.
and then undetermined and any claim o.
demand which thereafter may arise or %
such purchaser. or which shall be charge
able against tho property sold TO such par-
chaser. =.
IL. ANY purchaser Of the property Dc,
scribed In Article VII a.d IN Article xIl
OF said DEGREES and IN the deseriptvs
and whether or not he has exercised o.
used any rights hereunder shall have tns
right. within six months after tho deilNerp
OF the deed or other Instruments OF con
veyance or transfer by the undersignea
Special Master OF tbs property purchase9
by him. or within such additional penon
a.. ga E.,rp ''s 1I-,1tst e Of wssoSri eastern
Division. may hereafter BY It's order or de.
cree permit to slect not 10 assume or
defendant Railway Company or by tho Re-
ceiyer, which Is part of tho property en-
braced in suoh deed or instruments or COZ,
veysncs or transfer: such ELECTION ,, srsS
BY the said purchaser and shall contain
general description OF the contracts OF
leases which he elects not 70 assume o.
adopt. and shall be nled with the Clerk %
said Court within the aforesaid period. No
user of rights. prior TO tho expirat lon or
said period shall be deemed 10 eohclues
the purchaser in respect OF suen elecuon;
and upon the nling OF such election said
purchaser shall be deemed not 20 have as
sumed or adopted the said contracts o.
leases or rights therein described nor 10 %
bound BY the obligations OF said contracts
OF leases provided. however, that such cleo
tion shall not en,itle the said purchaser %
any reduction in the amount OF the oia
made at said sale or In amounts 10 90
paid as In said DEGREES provided
~ ANY purchaser Of tho property de-
seribed in Article vi and ~ A s,, i've
clauses hereof, or OF any parcel Thereon.
shall have the right 10 elect not 10 taka or
accept any part Of the property so SOD 20
election given to the undersigned Special
Master at any time prior 20 the execution
and delivery OF the deed or other instru-
ments OF conveyance or transfer BY ina
Special Master. No such election by pur-
chaser shall diminish or a1ect the pur'
chase price 20 be paid by such purchaser.
3
or all OF said parcels and upon payment ct
the purchase price or such portion thereof
as shall. BY order OF said United states
District Court for the Eastern District OK
Missouri, Eastern Division, be required 20
be paid in advance OF tha delivery CT the
deed or other instruments or conveyance
and transfer, or upon the making by any
purchaser Of such provision for the pay
ment thereof as said Court shall approve
the unders gned Special Master VIII exc.
cute and deliver a deed or deeds or otnst
aFfFn
and transferring 10 such purchaser, or ma
assigns. the property sold 20 suth pur-
chaser sSe %SJ n ne sis dse e ss
Upon the delivery OF such deed or deei'
or other Instruments OF conveyance or as
srantess therein named shall he let into
the possession Of the properly so convNy-u
or transferred. subject as 20 AL property
Of The Kansas and Colorado Pacific RAFT
way Company dated February igos "a
the continued possession thereon by sac
Receiver as receiver In the cause now pending
the Eastern District or MISSOURI. East.
ern Division, for the foreclosure OF SAID
T %Sssss i S SsS York f9s h Is eoSpanan
and tho said Receiver and any party
10 said consolidated causes who shsl
be IN possession OF any OF SAID properly
said grantee or grantees. subject as atorn-
said. and said grantee or srantess snSl'
after such delivery or possession, holo, pof,
sess and enjoy the property so oonyeyeI
and Transferred. and every part ana paicsi
thereof, free from the trust and lien I'M
posed thereon by the SAID ilrst aho p NJ
way Company, and free frSm all olslms
rights. interest or equity OF redemption OF.
in or TO the same ey or on ths asis en- s
signs and by or OF the creditors ana stoch-
holders of the defendant Railway Com
pany. and BY or or all persons clalnlhs
Nv under or through the defendant Rail-
p;ay Company, It's creditors or It's stock
holders and by or OF a. parties 70 tho oeR
stituent causes In which CommonNsaltn
Steel Company and Guaranty Trust con-
many OF New York and Benjamin y Ed
wards as Trustees. are complainsnts, and
by or OF all persons claiming under them
lens and obligations described In Articles
XXVIIl and XII OF said DEGREES 10 80 far
as but only in go far as said liens ant
oor,Ton he - Uron the delivery OF the
deed or deeds special Master as afore-
said. the purchase. shall DO entitled 20 have.
don for services rendered 20 any parties or
persons by tho Receiver In tho operation Of
the premises conveyed 10 such purchAses
subsequent to the date OF sale. as We'll az
any and al material. supplies and oths,
property acquired by the Receiver during said
period IN the operation OF the premises con-
,s SoS 70 sSs BY ssd RsesTs
90 much OF said property as shall Do sublsc.
10 the First Rounding Mortgage Of Tbs
Kansas and Colorado Pacific Railway Com
pany and 20 the further determination BY
said Court OF tina amount OF eueh revenues
end compensation properly attributable 20
said last named mortgage. and the right 20
maks suah further determination - reserved
~ said DEGREES.
is BY said DEGREES all questions, issues,
matters and things not thereby disposed
OF. including the discharge OF the Receiver
and the statement and settlement OF his
accounts are reserved BY said Court for
It's future Adjudication
For further particulars, reference is
hereby made 10 said Special Masters reports
and seld nnal DEGREES IA said consolidated
"a IA aflftl Al