New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-23
MASTERS SALE

thc purchassr or purchasers. or hi o
their SUCCESSORS. shall fan 10 pay any o.
the claims mentioned IN said Afticle, WIN
in twenty DAYS after service OF an orde
OF tho Court requiring such payment OF
an appeal be taken from any such ordef
Within twenty days after service or writ
ten notice ~ hnai confirmation OF such Or
der upon appeal
IN the event that any purchaser att
demand made. shall refuse % psy any OF
the above mentioned indebtedness or IL
biiities which under the provisions o
said Article XVII he i or may ee r.
CURED 10 pay. the person holding the claim
therefor. upon twenty days notice TO sue
purchaser. may Hle petition IN TIE toul
% have such claim enforced agains. W"
property sold 10 such purchaser. m sc-
cOrdance with the usual practice OF w
Court in relation 10 payments OF siinhs
character; and such purchaser shsn "a
the right TO appear and make defense 70
any claim, debt or demand or the priority
thereof so sought 20 be enforced.
10. Article XVII OF said DEGREES provios'
that the Receiver shall. not more thsn NJ
teen nor less than Ave days prior 20 N,
date fixed for the sale under SAID cscrees
District Cour, for the Eastern District OF
Missouri Eastern Division. an approainla.s
md advisory statement or statements wlth
reference TO all rolling stock and othe.
moneys IN his hands and With refe: enc
10 certain indebtedness. Liabilities. c,alnt
and demands Of tho Receiver and OF mo
II. ANY purchaser OF the property Dc.
scribed IN Article VII and In Artlcle NJ
OF the said DEGREES and In the descripuN.
clauses hereof or Of any parcel Thereon.
viii have the right TO enter his appearsnc-
in said consolidated causes. and ne or ar,
OF the parties 70 the constituent Cause
wherein Commonwealth steel company ana
Guaranty Trust company ~ New work arc
Benjamin =. Edwards. as Trustees, a.
rompiainants respectively. Will have tn'
right 10 contest any claim, demand OF a
lowance existing ~ the time or the SAC,
and then uudeternilnSd. and any claim o.
L. "a D. NaN FNa~ OF rn1
presented which shall be payable hy an
such purchaser. or which shall be eharNN
able against tho property sold TO such Puf
chaser.
IL. ANY purchaser Of the properly d.
scribed In Article VII and IN Article ~
Of said DEGREES and IN tho descrlp,N,
clauses hereof. or OF any parcel thereof
and whether or not he has exercised o
used any rights hereunder shall have IN
right within six months after the deliver
OF the deed or other Instruments or cor
veyance or transfer by the undersigne'
Special Master 81 the property purchasN
by him or within such additional period
az said United states District Court 10
the Eastern District 0f Missouri, Easter
Division. may hereafter by its order or o.
cree permit. 10 elect not 10 assume
adopt any lease or contract made nY ~
defendant Railway Company or by tho hHf
ceiver. which Is part OF the properly en-
hrsced IN such deed or instruments OF con.
Neysnce CT transfer such election snal
he made by instrument IN writing, signed
bv the said purchaser and shall contain
general description OF the contracts
leases which he elects not 20 assume o.
adopt and shall be hled with the clerk o.
said Court within the aforesaid period. No
user Of rights. prior 10 the expiration -
said period shall be deemed 20 concluo7
rho nurchaser iu respect OF such election.
and upon tho nling OF such election sap
purchaser shall oo deemed not 10 nave a.
sumed or adopted the said contracts o.
leases or rights therein described nor 20 o.
bound BY the obligations ~ said contracts
or leases; provided. however mar such ele..
lion shall not enttle the said purchaser =,
any reduction IN the amount ~ me ~
made % said sale or IN amounts 10 To-
paid as IN said DEGREES provided
i3 ANY purchaser OF the property de.
scribed in Article VII and IN Article ~
OF said DEGREES and IN the descrlplMs
clauses hereof or Of any parcel mercer.
accept any part 81 the property 50 sold g
such purchaser. by written notice ot ~
election given 20 the underlined Spseis
Master AZ any time prior 10 the executor
and delivery OF tho deed or other instru
ments OF conveyance or transfer ny IT,
special Master No such election by a pur.
chaser shall diminish or afect Nhe puf
chase price 70 be paid by such pNrchsser
u Upon confirmation % the sale ~ ~,
or all OF said parcels and upon pa, ment q,
the purchase price or such portion thereoL
as shall bv order N said United riate.
District court for the Eastern District ~
Missouri Eastern Division, he required 20
he maid I'm advance % the delivery u Oh"
deed or other Instruments or convey ahtf
and transfer or upon me nlakhg 10y snf
purchaser or NlrN plof lflfN NNi wv vs.
mont thereof as satd court ehaU approx
the undersigned Special Master viii exc
cute and deliver deed or deeds or othel
proper Instruments conveying nsslshlns
and transferring 20 such purchaser or nls
assigns. the property sold 70 SUCH pu.
or Article XIV ~ said DEGREES
Tnon the delivery " such deed or deco
or other Instruments Of conveyance or -
sigoment or transfe.,, Nm tteu ssp h., io'.
tho possession Of tho property 80 confeie.
or transferred. subject ~ 10 aI proper
covered by the FIRST Retundlns Morssl
of The Kansas and colorado Facihc raj
way Company dated February ], lNJe, o.
the continued possession thereof by ssN
Receiver as receiver In the cause now rendIhF
IN the United states District court 10
ne Eastern District 81 Missouri. Esst.
ern Division. for the foreclosure OF saiN
mortgage In which The Equitable Isus
and tho said Receiver aud any panf
10 said consolidated causes Who shal
be In possession of any OF SAID properit
premises shall deliver TIE Same o'e. -
said grantee or grantees. subject 80 afor-
said. and said grantee or grantees snel
after such delivery OF possession hold. pos.
soss and enjoy tho property 50 confefNN
aud transferred. and every part and psrcr.
thereof. free from tho trust ana lien ~
posed thereon by ne said tlrs, and 10
funding Mortgage Of The defendant Raj
way company, and free from al claim.
rights. interest or equity Of redemption 81.
in or TO the same BY or % the defenaahi
siSws and hv or ~ the creditors and stock
holders OF the defendant Railway Com
pany. and by or Of Al! persons, claimins
by under or through the defendant RAJ
way Company. it, creditors Or its stock
holders and by or Of an parties 70 nc con
stituent causes IN which tommonNeai'N
Steel Company and Guaranty Trust Com
pany OF New York and BENJAMIN =. 20
wards as Trustees, are 'onpalnants snN
by or OF all persons claiming under men
or any OF them. except The holders ~ ths
liens and obligations described In Article
XVIII and XII of said DEGREES N go fal
az but only IN 50 FAR az said Hens and
obligations AFFECT .aid property. or an
portion thereof. Upon the delivery OF the
deed or deeds by the Special Mater as sfore-
said the purchaser shall be entitled 10 have.
enjoy ana receive all revenues and conpenss-
lion for services rendered 10 any parties o.
persons ~ the Receiver In the operation ~
The preniiecs conveyed 10 such purchases
subsequent 10 the date OF sale vel e.
any and al material, supplies and othsr
property acquired BY the Receiver during said
period In the operation % the premises con.
veyed 10 such purchaser. subject, however %
the continued possession by said Receiver Or
so much 81 said property az shall De subject
10 tho First Refunding Mortgage OF Ths
Kansas and Colorado Pacific Railway Com.
pany and 20 the further determination by
said Court Of the amount OF such revenues
and compensation properly attributable %
said last named mortgage; and the right %
make such further determination Is reserved
~ said DEGREES
IS b. said DEGREES all questions. issuss
matters and things not thereby disposed
o. including the discharge OF the Receiver
and the statement and settlement OF BE
accounts are reserved by said Court o.
It's future adjudication.
For further particulars, reference -
hereby made 10 said Special Masters reports
and said final DEGREES In said consolidated
causes and in the constituent causes o.
fle in the Offices Of the clerks 81 The lni'
ed states District Courts Tor the E3steF4
District Of Missouri Eastern Division ana
Tor the Southern District % New York
D,ted. January 6fh. 1917.
JOSEPH + DOBYNS
II. -