The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-20
LEGAL.

PENDANT The Missouri Pacific RAILWAY
Company. thereafter acquired for or apper-
tanning to the construction. maintenance.
extensions and branches or any part there
of covered by said First Refunding Mort
Also all property of every kind and de-
scription. real. personal or mixed. stocks.
ana of franchises owned By The Kansas ss and
Colorado Pacific Railway Company at the
First Refunding Mortgage or which were
thereafter acquired by it, or by the de-
Company, and became subject to the lien
of any of the mortgages prior in lien to
therein.
property to be sold intending purchasers
are referred to the above mentioned fore
closure degrees, and to the reports of
mentioned in said :, DEGREES resp,e &c
which reports were filed Tespsesiveiy IN the the
Eastern Division of the Eastern District of
Missouri on December -: 1915 . In the he Dis h.
Western Division of thu Western District
District Court of the United States for the
District of Kansas, First Division. on jan
ua As III iaore re- fully provided by the above
mentioned foreclosure DEGREES to which
i. said sale e viii be made without valua-
ton, appraisement. redemption or extern
e The Special Master may adjourn said
sale from time to time by announcement
sale as aforesaid. or for such adjourned
sale or sales, and may without further no
tice or publication proceed with the sale
on any day to which the same may be SO
adjourned.
and Benjamin F. Edwards. as Trustees OF
the First and Refunding Mortgage of The
September i. 1908. or any holder OF. First
and Refunding Mortgage, Bonds. issued
funding Mortgage or The Equitable Trust
Gompany of New York as Trustee Tss Of the
and Colorado Pacific Railway Company.
any holder of First Refunding Mort
gage Bonds issued under and secured by
said First Refunding Mortgage. or any
creditor or any stockholder Of the defend
pany or any party to any of said causes
may bid at said sale. and if a successful
bidder may purchase in his, its or their
4. said property will. in so far as the
lien of any of the Instruments mentioned in
Article VII of said DEGREES covers any of
said property. be sold subject to the lien
5. Said sale will be made in the follow
The Special Master will offer for sale in
one parcel and as an entirety the said
privileges imm niiiti and appurtenances
to the same belonging, rolling stock, con-
tracts shoses in action PropeTty
covered by and embraced in said First Re
Psee IF Ths hers
inbefore described
6. The Special Master will receive no bid
nss o r. to d shall
have deposited with the Special Master on
sale as a pledge that he will make good
his bid in case of its acceptance. the sum
on some national bank or trust com pany
in the City of New York. or in the city of
st. Louis acceptable to the Special Master
At the option of the bidder 100000 prin-
Bonds issued under and secured by said
First Reminding Mortgage of The Kan
sas and Colorado Pacific Railway Com
pany in bearer form, and If coupon bonds
accompanied by coupons due February l.
deposited in lieu of cash. Such deposit may
be partly in cash or by certified check and
in the same relative proportions. In lieu
of the deposit of bonds and coupons the
or certificates of any solvent bank, bank
ing institution; banking firm or trust com,
any European country acceptable to the
Special Master that it holds subject to the
required character in bearer form. accom-
panied by the required coupons.
Z. If any sale in respect of which de-
purchase price paid shall not be confirmed.
price will be returned to the bidder. and
the deposit of any unsuccessful bidder will
That MADE made by him shah be ac o man
In any bidder purchaser shall
ceptance by the Special Master. by making
the additional payments hereinafter men
then the sums paid or deposited by said
bidder or purchaser shall be forfeited
penalty for such failure and shall be ap-
plicabie towards making good any de-
flcieney or loss in case the property shall
and for Ella any i ether or @
the Eastern District of Missouri. Eastern
Division. may direct.
o. less Sc than sssoo.o 900 which en min hG Un
sum has been fixed by said Court the
ses for sid Which cs ssa shall
order. Unless a bid of at least said amount
journ the sale and apply to said Court for
further instructions.
assign his or their bid or bids. and his or
their assignee or assignees shall thereupon
all the obligations Of the purchaser here
under: The word purchaser wherever
be taken to include the plural as well as
the singular number and to include the
successors and assigns of any purchaser or
10. Upon the confirmation of any sale,
payments in cash on account of the pur-
chase price as said Court may from time
So much Of the purchase price as may
not be required by said Court to be paid in
purchaser may satisfy ana make good
the ps baap ss s his bid in whss
Master. to be cancelled or credited as pro-
Bonds issued under and secured oh by y''s sad
First Refu6dips M1rtgsEe Of The Kansas
bearer form, and. If coupon bonds. accom-
panied by the coupons appertaining there
to due February 1. 1916, and subsequently,
to be paid out of the proceeds of sale on
distribution provided in said DEGREES
Registered bonds shall be accompanied by
proper transfers to the Special Master. In
lieu of bonds and coupons the Special
tificates of any solvent bank, banking in
stitution. trust company banking firm
within the United States of America or
any European country. acceptable to the
Special Master. that IL holds subject to his
order, or subject to the order of the person
persons. corporation therein named
and assigned TO his order bonds of the
fern accompanied by the coupons therein
specified
The purchaser will be credited on ac-
count of the purchase price of the property
by him purchased for all such bonds and
coupons, turned to the Special
Master. in part payment of the purchase
price. with such sums would be payable
| in respect of such bonds. and coupons out
/ of the proceeds of such sale If the whole
amount of the purchase price were paid In
cash.
Said Court reserves the right to retake
| and resell. upon such notice said Court
] may direct, the property sold to any pur-
chaser in case such purchaser shall fail or
omit to make any payment on account of
| the unpaid balance of the purchase price
| within twenty days after the entry OF an