New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-04-27
MASTERS SALE

Hen or superior IN equity n 80 ~
ana Retundlng Mortgage ana ~.
Mortgage ana, In the case OF ,.,t
embraced In tho iront0n Nov sp.l'Aar
sopaia's parcel 70 ne lronton No.,..
70 ne extent that they have M, 80
or snail not have been rafd al, 10 =
In possession Of tho receives n.e
( OF said moneys remaining after - Va
or the claims mentioned IN a.. sra
SUBDIVISIONS ta) and % SHAH 'n1,I
the receivers 10 the purchaser 30 - ~
81 property provided Tor in si,,.. =
fsIastapn fliih nersof, Or 70 bis -. ~
or assigns, or on the order ther.o, 'a'es,s,
in case the property b. said Pa,
| directed % he sold shall De- 49, ~ "a Dsr.I
no purchaser Of any part q, - pef,a
embraced Ia the Ironton Mortsss. yrciry
required 10 make payment 81 49, totl
4 ness or liability contracted or ..,1ess
I Railway Company unless sues at1,. y
be adjudged b. said Court IA -
zen OF superior n equity 10 IA. ~
Moftgage; the FIRST and Refund ~ ~,
ana NE Iensrsi Mortgage. and esch \, ~
I aud me purchaser Of the proo.rs .. oi ~,
! IN subdivision tc) Of clause III =, peessr,e
! Flfth hereof or OF the proo4rfy ,rsort,
/ clause w or Paragraph Fifth hs,,N, 70.
/ be required 10 make psyrnen, - NAi y
/ debtedness or liability contrae,ss !. - b
I by the Railws~ Company uriAss =. ls'1.'f';
shall be adjudged by said Cour, = ~. = sais
] ~ Zen Or superior IN equity IA -. ~
orai MOrtgag' and ss among 80 ~ ca,
B parcels said Court Will a2uortia- .ysf1,
debtednes8 or Liabilities 10 e.si-s :. - a.
/ respectively be- subject. and 80 ~
/ the proceeds OF sale Of the re.o.e,,r ttiln.
their proper propor,,ol Of slcb ~, ~.
or liaLihl.s. '''i,,t
The parties to receive and 5ay a..
amounts 70 be paid and eoeivss 49, 90 p
/ Article Ninlh' unless agreed auon y.
/ parties 10 interest, shall Be axsi IN ~,
Gated b. SAID Court. ana sad El].
serves the right and retains r. Ss.r y
! Jurisdiction 80 20 10. ara ftc - "0 ~
ana Jurisdiction 20 lake baek 80 -. sott
I property that shall BE- sod grSsr 80. ~
/ Decree IN case The purchaser ~ ~
or his or their successors Or ss,i,,.' a.. -
, fail 10 pay any n The claims 49,. ~. - "a
said Article Ninth WIEN By ala 49,, 60. =
! cuirea, ana ~ case q failure 70 az a.,
/ other part OF the purchase urie. a. - -
/ erty sold under said Final p.cs.. ~
/ twenty days after service q an ors.. sNa
/ Court requiring such payment, a. !,
l peal he taken from any such o-A., -
twenty days after sergics of an ord., =, .l.
} Court requiring such payment, or n
peal be taken from any such ors., 49,.
/ twenty days after service q pri't.s -.
OF FINAL confirmation Of such orcs- -.
: appeal.
In the event that any purchaser a. A.
/ successors or assigns. after eemans -.
shall refuse 10 pay any O., the a6ey.,,.'
/ toned Indebtedness o. liabilities MA -.
the provisions of said Article Minis \.
or NAV be required 10 pay. The rer,ss -
/ ing the claim therefor, upon tss.,,- -.
notice 70 such purchaser. his suscss,s, ~ !.
assigns. may fle a petition IN aid ~.
I II.
property sold 10 such purchaser. 1, -.
ance with the usual practice Of saH -.
in relation TO payments Of similar =,
acter: and such purchaser. bis sue,ss-, !.
assigns. shall have the right 70 arms, =,
make defense 10 any claim, debt on Sea-
or the priority thereof 80 sought "A 4. !,
forced and shall have the right "a 49,,
from any judgment. decree or order r,.
thereon.
Eleventh Article Tenth o. said rlp,, n.
cree provides that the receivers shsn !.
more than twenty nor less than Ten A.
prior 10 the date fixed for The sale under !,
Final Decree. fle With the Cisrt q ~
Court an advisory statement Or sisisr,s-,
with reference 10 Indebtedness obiiv,fl..,
liabilities, contracts. leases. Chains an! 4,
msnds. q
Twelfth's Any purchaser Of any q, "A,
proper,y sold tother than purchaser \
the property described IN subdivision fbl :
clause II OF Paragraph Fifth hereof o. q, a,
property described IN subdivision a. y
clause III OF said Paragraph Fifth. as "a.
rate parceD. his successors and asslf,,
shall have the right 70 enter his o. *.
sppearance IN said Consolidated Cause A.,
En- the several constituent causes. and u :,
th.y or any Of the parties to said Con,
dated Cause or 10 any constituent cagg IA
have the right 70 contest any CLAIM. s,na,
or allowance existing az the time q ne al,
and then undetermined and any claim O. \,
mand which thereafter may arise q h N,
sented. which shall Be payable BY az al
purchaser. his successors or assigns. o xAi,h
snail be chargeable against the pr,ef., sot
10 such purchaser IN addition 70 Dc anrrf
hid Al the sale. and he or they niy appsa
from any decision relating 10 any tHa cain
demand or allowance.
Thirteenth. Any purchaser. bis sWcesr;'
or assigns. shall have the right 10 ele, tsi 3,
take or accept any part Of the pn0ry NJ.
20 such purchaser. by written notlos q sEs
election 10 the Special Master giYsn a. an
time prior 10 the execution and deliver q
the deeds or other instruments CT conysJ
ance from the Special Master. 10 se.h sis
ton by a purchaser, his successors o. a.
signs, shall diminish or affect the pgrchaH
price 10 be paid BY such purchaser.
Neither the fact OF purchase nor the q
or hts successors or assigns, nor ahy eontG
or user OF rights by purchaser, MS secoo
sors or assigns. within the period Of -
year hereinafter mentioned shall - 90
strued as an election 10 accept sny oonirt.
agreement - lease sold IS part Of the pre-
erty offered pursuant 70 said fiial Deei-
or embraced IN any deed or other insifsins,
OF conveyance from the Special Aisle7
the property purchased by such plfcnsSi
but each purchaser. his SUCCESSORS or q
signs shall be allowed a period OF one "a
from the date OF taking POSSESSION OF N
property sold TO him within whigh % ~
whether or not 10 assume. or 70 A9'Ps
part OF the property embraced " ~ - ~
deed or other instrument OF CONVEX . =
lease. agreement or contract whhn NY !. !
included in the property sold 70 mo o. - ~.
may constitute an incident or App1f.ensag
thereof. except tho contract between il' "
ceivers and Maumee Ice and SoIess -
poration authorized by the ordeI ea.,e =
this Consolidated Cause April ~ DE -. ~.
the contract between the receives u. =.
City OF Dayton authorized by do III
tered in this Consolidated Gauss ~
1917, and such purchaser, his s1't's.,,
assigns. shall be held not 10 ha" -,
or 10 have assumed any lease asie. -.
contract. except said contract u.s. -.
receivers and Maumee Ice and sieies. !.
poration. and said contract betF&h ~ -
celvers and the city 81 DAYTON y ~.
which he or they shall not have nles a.
ten election TO assume or 20 70 49, .sl,
same with the Clerk Of said C'on 49,
said period OF one year. or wiinin 80 100, >
tional period as said Court may he'S.'
its order or decree permit. -. a, "A,
Fourteenth. Upon the conhrmsySsa n,
sale and upon payment ~ any p $500 az,
successors or assigns. o. the pufehAss -, /,
or such portion Of such purehsi7 =, n.
shall. pursuant TO the pro'lsois ce,r
| Final Decree or other order OF s~l1 80 4. y
respect thereto. be required 10 De S,,ser .
vance OF the delivery Of the deeds -. M y
struments OF conveyance and tfAn' ~ ~
Special Master. or upon maAIhs "a c.-
: vision for the nayment thereof ds -. ..s,-f
shall approve. the Special NasieI :. ~
the sale will execute a deed OF 1es1ss ,-.ss
instruments conveying, asslgnlhs ' 80 3
ferring TO such purchaser NE -..g,rsa,s
assign. the property SOLD 20 1900 az ~
subject. however. TO Article WI. Ar ~
Final Decree. Said deed or Ss's,,s,nse, Z
instruments OF conveyance OF 49, 10 -
transfer shall run and ue oena' ~ assir1
purchaser. or at his election ~ or =
and upon the production the,oV. r,sss
certided copy or copies thereof ny n, }
OF grantees therein named she., .rysycd ;
possession OF the property 80 s,iiyerJ Z
transferred and shall, after $50 So, - pfel
possession hold. possess and enio' - 20
erty 30 conveyed and transfers. az m
nart and marcel thereof free iroa, i,o,N
ana lien imposed thereon oy w. "a X
Mortgage. and free from any W psfgtsa
imposed thereon by the Flfs' az ~, IN. ~
Mortgage. and free from an ~ uorrr
Imposed thereon by the ueael~, .,,r,sis .
aud free from all claims Ilsn.s "a ~ -