New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-08
MASTERS SALE

tive clauses hereof.
(c) The sum OF $40 for the properly
pledged 20 secure the payment OF GER
tain note OF the defendant Railway
Company 20 the Board OF Hospital SCI
vice Managers and described IN suoci.
vision & OF Article XII of said deerees
and in Subdivision c Of Article III OF
the descriptive clauses hereof:
td The sum Of iTS9.ao9 for all other
properly adjudged By said DEGREES not
First ard Rstuneing Mortgage OF the
defendant Railway Company, ana de-
scribed In Subdivision OF Articls MI
OF said DEGREES and In Subdivision y OF
Article III Of the descriptive clauses
hereof
(G The sum Of ,i,.oo.ooo for the
property subject to the lien Of said FIST
and Refundng Mortgage. and descrioed
in Article Vii OF said DEGREES and IN Arti-
Gle I % thu descriptive clauses hereof
~ The sum OF sl6i5O.02O for all the
property described m Article VII ana IN
Article XII OF said DEGREES and In Arti-
cles l and IL OF the descriptive clauses
hereof. as An entirety.
and II such respective sums shall not be
bid for any o. said parcels nor said sum
for the property described IN Article WI
and in Article XII Of said DEGREES ana IN
Articles | and IL OF the descriptive
clauses hereof. as an entirety. the Special
Master will adjourn the sale OF such par,
eel or parcels for which the required
amount shall not have been hidden and
will apply TO the Court Tor further Ia
structions IN respect thereof
Z. In case any bidder upon the accept
anee Of his bid by the Special Master,
shall fail to comply. within the period %
twenty days after the entry thereof. WITH
any order OF said United states District
Court for the Eastern District or MIS-
souri,. Eastern Division. requiring or re-
latins 10 the payment Of the balance or
the purchase price. then The moneys or
bonds or claims deposited by such &C
ceptsd bidder, as hereinbefors pTovids'i.
failure. and will be applied TO the pay.
ment OF the expenses OF resale ana
toward making good any deficiency or
loss IN case the property IN respect or
which such accepted bidder shall make
default shall be sold ~ less price on
such resale and to such other purposes
said Court may direct
II said Court shall deny an Application
20 confirm any sale. the deposit made ~
any accepted bidder at such sale Will
thereupon be returned 20 such bidder
8 Upon the confirmation OF any sale.
the purchaser shall make such payment
or payments IN cash on account OF the
purchase price as said Court may from
time TO time direct
So much ~ the purchase price a. may
not be required by said Court 70 be paid
in cash may bs paid in cash or the pur-
chaser may satisfy and make good the
balance Of his bid in whole or IN part by
delivering 10 the Special Master 20 be can
cellsd or credited as PROV Ted Ia said de-
crees First and Rsfundng Mortgage
Bonds OF the defendant Railway Com
pany, In bearer form. and II coupon
tanning thereto due September !. 1918, and
subsequently. TO be paid out OF the pro-
ceeds Of sale on distribution as provided
in said DEGREES. and claims against the
defendant Railway Company which have
been may be allowed and established
IN said consolidated cause In the United
States District Court for the Eastern Dis
triCt OF Missouri. Eastern Division. and
IN he
such DEGREES provided. including any de-
iciency claims In respect OF such First
and Reminding Mortgage Bonds and cou-
pons which may be allowed by said Court
ia favor Of the trustees OF said First and
Retunding Mortgage or any bondholders
and also any deficiency claims which may
be allowed by said court In favor ~ the
holders OF any other bonds or obliga-
ti0nS Of the defendant RAILWAY Company
secured by mortgage or pledge Of col
lateral or OF the trustees 81 the mort
cages Or trust indentures given 10 secure
the payment OF such bonds or oblisa-
lions. and which are 20 be 80 paid
Registered bonds shall be accompanying
by proper transfers 10 the Special Master.
and said claims shall be accompanied BY
proper assignments thereof 20 tho Special
Master. In lieu % bonds and coupons or
claims. The Special Master may accept
the certificate or cert 'ncates or any
solvent bank. banking institution. trust
company or banking arm within the
United states OF America or any Euro
pean country, acceptable 20 the Special
Master. that Il holds subject 20 his order.
or subject to the order OF the person or
persons, or corporation therein named and
assigned 10 his order bonds OF the
amount therein specified. and, " IN cou-
pom form accompanied by the coupons
quired character and OF the amount there
IN specified accompanied by proper and
appropriate asaisnments thereof trans
ferring the same tc the Special Master.
The purchaser will De credited on &C
count OF the purchase price of the prop
erty by him purchased for all such bonds
and coupons and for all such allowed
claims So delivered 10 the Special Master.
IN part payment of the purchase price.
with such sums as would be payable In
respect of such bonds, coupons and claims
made pursuant to said dncrees IL the
whole amount Of the purchase prics we're
paid In cash.
said Court reserves the right 20 retaks
and resell upon such notice as said Court
may direct, any property sold 10 any
puf, 'sser IN case such purchaser shall
fall .. omit TO make any pa0 ment on ac-
couu. OF the unpaid balance Of the pur-
chase price within twenty days after the
entry OF the order requiring such pay
ment
A purchaser will not be required TO pay
to the Special Master the amounts pay
able in cash. out OF the proceeds Of the
sale 20 such purchaser. In respect OF any
OF First and Retundins Mortgage Bonds
and sppurtenant coupons payable on
september l. 1912 until twenty day,
the holder Of any Of said bonds or cou-
Dons enter its order or decree directing
the payment OF the cash dstributlve
share Of the proceeds Of the sale TO such
purchaser 10 which such bonds or cou-
pons In respect OF which such holder
shall make application as aforesaid. shall
he entitled.
Until a purchaser. his successors or as
N a.
tributiye share Of the proceeds Of the
sale TO such purchaser 20 which all such
bonds or coupons shall be entitled either
directly or In accordance with some order
OF said Court or into court, said Court.
subject 10 its further order, reserves a para
mount lien and charge upon the prop
erty sold to such purchaser and every
part and parcel thereof for the payment
part or portion OF the purchase price:
and In case tho purchaser. his success
fan TO comply with the terms OF any
order for such payment made by said
Court, then said Court upon the applics-
ton OF the owner OF any such bonds or
coupons. may istaks and resell the prop
erty sold 20 the purchaser. who or whose
SUCCESSORS or assigns shall 80 have made
default. and at his or their cost ana risk.
purchaser shall not be required 20
se. 70 the application Of the purchase
money nor be snswerabls in any manner
whatsoever FOR any loss, misapplloation.
or non-application OF any such purchase
money or OF any part thereof.
o As provided In Article XVII OF
said DEGREES, the purchaser OF the prop
erty described in Article VII OF said de-
erees and IN Article I OF the descriptive
clauses hereof, as part OF the consider
alton for said property and part OF the
purchase price thereof. and IN addition 20
the sums bid by him and elsewhere In
sad DEGREES required to be paid BY him.
shall take such property and receivs the
f~s run 81
ana transfer thereof. upon thu express
condition that ne or his successors or as
signs shall pay, satisfy and discharge
td) Any unpaid compensation which
has been or shall be allowed 10 George
T. Hitchcock, the Special Master. ap-
pointed prior 20 December 81. 1918, IN
sad consolidated causes, or m the con-
sti,uent causes IL which Guaranty Trust
company OF New York and BENJAMIN r.