New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-25
MASTERS SALE

| forfeited as a penalty for such failure ana
viii be applied 10 the payment 81 ,n ,s,enr
| peuss~ ~ resale and toward mahins
good any deficiency or loss I'm case VIC
| property shall be sold ri = less prlce on
! such resale. and TO such other purPo
! said Court may direct.
| II said Court shall not confirm any sale.
! tho deposit made by the accepted Wv" ~
/ at such sale will be forthwith returheu W
such bidder
Ninth. The purchaser upon confirmation OF
| the sale shall make such further psN.".n.
! or payments in cash on account OF W.
| purchase price ms said court may i'oh'
time 20 time direct. So much OF the pur
| chase price as may not be required uE
/ said Court 10 be paid Ia cash may eith',
be paid In cash or the purchaser h,as
| satisfy and make good the residue OF us
! bid ia whole or IN part by turning over ="
! the Special Master 20 be canceilsn o. Ia
| tied as hereinafter provided. bonns ~
. coupons entitled TO be paid OUT OF w
! proceeds OF sale on distribution thereot ~
! IN said Final Decree set tot,n. ,or,n
| bonds and coupons shall be Ia bearer to' t
\ or accompanied by proper transfers To the
In lieu OF such bonds and coupons. tho
! Special Master may accept from inc puI
! chaser the certificate Of any national p'hh W
, trust company In the city or Ne" lork VI wv
! the City Of Cincinnati. sccep'sbe 70 tlio
Special Master, that IL holds sUbJec' 10 MS
| order bonds TO the amount therein speclnsd.
and. IL IN coupon form. accompanied W
| the coupons therein stated.
/ The purchaser shall be credlted on aN'o'''
/ Of the purchase price OF the property ~ MN
/ purchased for all bonds and coupons tuih.u
| over. or specified IN a certificate dehNeieu o.
! hsreinbefore provided. In part pay ',,e,,
! the purchase price. with such sums as "oDid
| be paid iu respect to such bonds anu 'vu
| pons oat OF the proceeds OF the saie IL W
| whole amount OF the purchase price W.,
! paid ia cash. said Court reserves inc 'Ie,
/ 10 resell upon such notice as said court may
direct the property sold TO any plrcnase'
In case such purchaser shall fail or omit 10
| make any payment on account % 'ne ,,Itn
/ paid balance OF the purchase price WITH"
! went, DAYS after the entry OF an order re-
/ qulring such payment
! A purchaser snail not be required 60 pay
/ the shares distribuiable In casn oa' OF tne
! proceeds OF sale upon IrontOn Bonds or cou-
pOns appurtenant thereto. or upon fiIst anu
( Refunding Bonds OF coupons appuI'eisl'
/ thereto or upon General Bonds or Sou-
pOns sppurtenaut thereto, until Yen Jays
after said Court shall. Oh application OF or
| on behalf ~ the holder Of any OF SAID oonds
+, or coupons. enter Its order or decree oi'eIS-
/ ing payment in accordance with sIch orusr
| Of the cash dstributive snare OK the p'oeeeus
| OF any salc TO which the bonds sni Sodiouis
| or any OF them in respect OF which their
I holder shall make application as atoresau'
| shall be entitled. Until purchaser, MS SUE
! cessors or assigns, shall have paid In cash
| the olstributive shares In the proceeds o.
| sale to which any such bohus OF cou
pons not Used in part payment OF the pur
! chase price shall be entitled, either 10 the
| Speclsl Master or into Court or in accord
ance with some order {: said Court SAID
! Court reserves a paramount lien ana chai 90
I upon the property sold TO such purchaser d''o
| every part and parcel thereof Tor the pay .
inent In cash Of any unpaid part or portion
J Of the purchase price. and in case the pIr-
/ chaser. his successors or assigns, shall make
I default for q period Of twenty days IN COM
plying with the directions Of any order for
such payment made BY said Court upon the
application OF the owner OF any suci bonus
/ or coupons. then said Court may retake ana
-, r..fI fh.
/ or whose successors or assigns. shall so nave
made default and at his or their cost ana
risk
, Final Decree the purchaser OF any OF said
property shall take the same subject 10 any
. and all taxes and assessments which snail
/ lie lien upon any OF the property pull
I chased and the purchaser OF any OF kald
/ property fother than the property described
i'm subdivision (bl Of clause II OF Paragraph
Fifth hereof. or Of the property described IN
/ subdivision tbj OF clause III OF Paragraph
Fifth hereof as a separate parceD, his sue
cessors and assigns, shall as part OF the
consideration for the property purchased anu
In addition 10 the sums bid by him and else
I where in said Final Decree, or In any other
! order or decree which may hereafter be made
in said Consolidated Cause. required TO be
I paid by him. take such property and receive
! The deeds or other Instruments OF conveyance
! and transfer thereof. upon the express con-
! dition that he. or his successors and assigns
shall pay. satisfy and discharge:
ia Any unpaid compensation that has
been or shall be allowed TO the Special
/ Master heretofore appointed in said Con-
solidated Cause. or IN any OF the constit-
cent causes. any unpaid compensation that
! has been or shall be allowed TO the re-
csiVers in said Consolidated Cause or their
! solicitors and also any unpaid indebted
ness and liabilities OF the receivers incurred
! IN said Consolidated Cause. or In any or
the constituent causes, In the management
or operation OF the property purchased and
otherwise In the discharge OF their duties
as such receivers to the date OF the delivery
by the receivers Of possession OF the prop
! erty sold.
tb Anv unpaid claims OF creditors OF
the Railway Company which have been Or
( shali Re admitted bv the parties In interest
or sdjudged By said court to be prior IN
lien or superior in equity 10 both the First
and Eefundin- Mortgage and tine General
Mortgage and, In the case OF purchaser
embraced IN the lronion Mortgage NJ a
D separate parcel. to the lronton Mortgage.
/ TO the extent that they have not been paid
I or shall not have been paid out OF moneys
in possession OF the receivers. Any surplus
OF said moneys remaining after the payment
OF the claims mentioned in the foregoing
subdivisions 1aD and tO) shall be paid by
/ the receivers TO the purchaser OF the parcel
B o, property provided for in clause " OF
Paragraph Fifth hereof. or 10 his successors
: or assigns. or on the order thereof
In case the property by said Final Decree
= directed to be sold shall be sold IN parcels
: no purchaser OF any part OF the property
required to MAKE payment Of any indebted
Z ness o. liability contracted or incurred by tho
= Railway Company unless such claim shall
be adjudeed by said Court 10 be prior IN
, lien or superior ip equity TO the lrontOn
Mortgage the First and Rofundng Mortgage
I and the Genera Mortgage and each OF them
and the purchaser of the property described
/ In subdivision tcl Of clause II OF Paragraph
] Fifth hereof or Of the property described in
clause ~ or Paragraph Fifth hereof shall not
, be required 10 make payment o. any in-
/ deDtedness or liability contracted or incurred
1 by the Railwa~ Company unless such claim
3 shall be adjudged by said court TO be prior
IN lien or superior I'm equity 10 both the
First and Refurding Mortgage and the GEN
erai Mortsag' and ~ among said respective
parcels said Court will apportion the in
debtedness or liabilities TO which they may
respectively be subject and charge aSains,
the proceeds OF sal" Of the respective parcels
their prop"- propcr:,oG OF such indebtedness
or liabilities
The parties to receive and nay. and the
| amounts 10 be pail and ereiyed. under said
{ Article Nilth. unless agreed upon by the
7 parties I'm interest. shall be fixed and adjudi-
Gated by said Court. and said Court re-
serves the night and retains the power and
jurisdiction so 10 DO. and the right power
and jurisdiction 10 take back and resell any
property that shsll be sold under said Final
Decree IN case the purchaser or purchasers
or his or their successors assigns shall
fail 10 pay anv Of the claims mentioned in
said Aytlcle Ninth when by sad Cour; re-
dured and I'm case Of failure to pay any
other part OF the purchase price OF the prop
,rty sold under said Final Decree. within
twenty days after service OF an order OF said
Court requiring such payment. or II an ap-
peal be taken from any such order. within
twenty days after service OF written notice
OF final confirmation OF such order upon
appeal.
In the even. tina, any purchaser or his
successors or assigns. after demand made
shall refuse 10 pay any Of the above-men-
toned Indebtedness or liabilities which under
+ the provisions OF said Article Ninth. he Is
or NAV be required 10 pay, the person hold
ing the claim therefor. upon twenty days
notice to such purchaser his SUCCESSORS or
assigns. may file a petition in said Court
1 TO have such claim enforced against the