New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-31
MASTERS SALE

ing the coupons sppurtensnt 10 such bonds
maturing October !, 1914. and subsequently,.
A deposit made by any bidder for sepa-
rate parcel. may, so far as spplcabIe be
applied on account OF the deposit required
20 be made in order to qualify him to bid
for the property when onered as part
Of the mortgaged property az an entirety.
In lieu OF the deposit OF First Mortgage
Bonds and coupons with the Spectal Master
hereby permitted. the Special Master VIII
accept the certificate OF the New YORK Trust
Company that ii holds subject TO his order
the amount therein specified OF First Mort
gage Bonds In bearer form, accompanied by
the coupons therein stated. The derosit re-
ceiyed from any unsuccessful bidder VIII pe
returned 10 ldm when the property has been
struck on The deposit received from any
successful bidder will be held by the Special
Master subject to the orders OF said Court.
and upon confirmation OF the sale will be ap-
piled on account OF the purchase price OF the
property for which said bids were made.
VI In case any bidder. after the accept
ance OF his bid by the Special Master. shall
fail TO comply within the period Of twenty
days with any order Of the Court requiring
or relating 10 the payment OF the balance
OF the purchase price. then the sums depoS-
tied by such accepted bidder or bidders as
hereinbefore provided, whether in cash or by
check or represented by First Mortgage
Bonds. will be forfeited as a penalty for
such failure and will be applied 10 the pay
ment OF the expenses OF a resale and toward
making good any deficiency or loss In case
the property shall he sold at less price on
any such resale and for such other purposes
the Court may direct. II the Court shall
not confirm any sale. tho deposit made by
the accepted bidder will be forthwith re-
turned to such bidder.
VII. The purchaser or purchasers. on the
confirmation OF the sale by the Court. shall
make such further payment or payments in
cash on account OF the purchase Price as
the Court may from time TO time direct. SO
much OF the purchase price may not be
required By the Court TO be paid In cash
may either be paid In cash or any purchaser
may satisfy and make good such residue OF
his bid in whole or in part by turning over
to the Special Master to he cancelled or
credited. as hereinafter provided. First Mort
gage bonds and coupons thereunto appertain-
ing. In lieu OF so turning over to the Special
Master First Mortgage Bonds and coupons.
the Special Master VIII accept the ceriih-
cate OF The New York Trust Company
that IL holds subject TO his order the
amount therein specified OF First Mort
gage Bonds In bearer form and accom-
panied BY the coupons therein stated. A
purchaser Will be credited on accoun. Of the
purchase price for First Mortgage Bonds and
the coupons thereunto appertaining turned
over In part payment OF the purchase price
such sum as would be paid in cash upon such
First Mortgage Bonds and coupons out OF
the proceeds OF sale II the whole amount OF
the purchase. price had been paid in cash.
The term purchaser wherever used in this
Notice or In said Final Decree includes the
plural In case there shall be more than one
purchaser OF any property sold hereunder.
VIII. The Court reserves the right to resell
the property sold to any purchaser upon
such notice as It may direct at the risk and
cost OF such purchaser. In case such pur-
, chaser shall fail or omit 10 make any pay
ment on account OF the purchase price within
twenty days after the entry OF any order
recurring such payment. Neither any pur-
chaser nor his successors, or assigns, shall be
required TO see to the Application OF the
purchase money. Each purchaser shall have
4 Il. L. a
Court and TO become d party 10 the cause.
tx. As provided in Article xxx OF said
Final Decree purchaser OF the whole or any
part OF tho mortgaged property shall take
the same subject TO all taxes, assessments
and other charges that are lien on said
property, end the purchaser Of the mort
gagged property as an entirety. or II II shah
not be sold an entirety. the purchaser OF
the parcel provided for In subdivision &c, OF
Article XXvt OF said Final Decree. being
, the parcel described in subdivision tcD OF
Paragraph V hereof as part o: the cousid-
Grafton for said property ard as part OF tho
purchase price thereof. and IN addition TO
the sums bid by him. and elsewhere In said
Final Decree required to be paid by him.
shall take such property and receive tho
deeds or other instruments OF conveyance
and transfer thereof upon the express condi-
tion that ne or his successors or assigns
shall pay. satisfy and discharge an unpaid
Indebtedness and liabilities OF the Receivers
Of The Cincinnati. Hamilton and DAYTON
Railway Company Except taxes and assess
ments as aforesaid incurred In the manage
ment and operation Of the property subject
to the First Mortgage TO the extent that
they shall not have been paid out ~ moneys
f, in the possession of said Receivers including
moneys received by them after surrender cf
possessi Of said property. but arising from
the prior management and operation thereof
The amounts 20 be paid under said Article
xxx, unless agreed upon by the parties IN
interest shall lie fixed and adjudged by said
Court and said Court reserves the right ard
retains the power and jurisdiction 80 TO 90