New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-20
MASTERS SALE

the purchaser or purchasers. or his o.
their Successors. shall fail TO paw any OF
the claims mentioned In said Article. WITH
in twenty DAYS after service Of an orie.
OF the Court requiring such payment. or Il
an appeal be taken from any such order.
within twenty days after service OF writ
ten notice OF fnal confirmation OF such or
der upon appeal
In the event that any purchaser after
demand made. shall refuse 20 pay any Of
the above mentioned Indebtedness or llA-
bilities which Under thu provisions OK
said Article XVII he Is or may be re-
quired 10 pay. the person holding the claim
therefor. upon twenty days notice 10 such
purchaser. may file petition In the Court
70 have such claim enforced against tho
property sold 10 such purchaser IN Ac-
cordance with the usual practice % the
Court tn relation 20 payments % similar
character, and such purchaser shal have
the right to appear and make oefense 20
any clam. debt or demand or the priority
thereof 50 sought 20 be enforced.
10. Article XVII OF said DEGREES provides
that the Receiver shall. not more than ff-
teen Nor less than 1ve days prior 20 the
Gate fixed for the sale under said DEGREES
file with the Clerk OF the United states
District Court for the Eastern District OK
Missouri, Eastern Division, an approximate
and advisory statement or statements VITA
reference TO all rolling stock ana Other
property acquixed by him, the ainov'' o.
moneys IN husbands, and with refe; see
TO certain Indebtedness, Liabilities. cl4lins
and demands OF the Receiver ana Of ths
Railway Company
II Any purchaser of the property de-
scribed IN Article VII and In Article MI
or the said DEGREES and IN the Descriptive
clauses hereof. or Of any parcel Thereon.
Will have the right 20 enter his appeSrahcs
In said consolidated causes. and he or any
OF the parties to the constituent causes
wherein Commonwealth steel Company aht
Guaranty Trust company OF New York ahd
BENJAMIN r. Edwards, as trustees. 49,
right 70 contest any claim. demand or a.
lowance existing at the time or the saie.
and then undetermined, ana any earn v
demand which thereafter may arise OF %
presented which shall be payable by any
such purchaser. or which shall be charge
able against the property sold TO such puF-
chaser.
IL. ANY purchaser OF the property d..
scribed in Article VII and IN Article MI
Of said DEGREES ard IA the descriptINs
and whether or not he has exercised o.
used any rights thereun ier shall have the
right within six months after the deuNe.F
veyance or transfer by the undersigncd
Special Master OF the property purchas2e
BY him, or within such additional PERIOD
as said United states District Court tor
the Eastern District OF Missouri, Eastern
Division. may hereafter by It's order or oa-
cree permit. 30 elect not 10 assume Or
adopt any lease or contract made by 1I le
defendant Railway Company or by the kF-
ceiver. which "a Part o, the properly en-
braced In such deed or instruments OF con,
veyance CT transfer. such elecuoh snA.
By the said purchaser ana shall contain 4
general description OF the contracts o.
leases which hc elects not 70 assume o.
adopt and shall be fled with the tierk o.
said Court within the aforesaid period. No
user OF rights, prior 20 the expiration %
said period shall be deemed 70 conclud'
the purchaser I'm respect OF such election,
and upon the nling OF such election sald
purchaser shall be deemed not 20 nave az
sumcd or adopted the said contracts o.
leases or rights therein described nor 20 ps
~ ha ~ q
or leases: provided however. that sucn eiec-
ton shall not entitle the said purchaser =
any reduction IN the amount or the DID
made al said sale or in amounts to DO
paid as in said DEGREES provided.
10 Any purchaser Of the property oe-
scribed In Article VII and IN Article XII
az said DEGREES and I'm the descriptive
clauses hereof. or Of any parcel thereof.
shall have the right 70 elect not 70 take or
accept any part Of the property SO soid ~
such purchaser. By written notice or nl5
election given to the undersigned Special
Master al any time prior 20 the execution
and delivery OF the deed or other instru-
special Master No such election by pur-
chaser shall diminish or AFFECT the pur~
chase price 10 be pald by such purchaser.
Ia J'pon confirmation Of the sale Of any
or an OF said parcels and upon payment q
the purchase price or such portion tnereoL
as shall. By order Of said United states
District Court for the Eastern District OK
Missouri. Eastern Division, be required -
be said in advance OF the delivery on the
deed or other instruments or conveyance
and transfer, or upon the making by any
purchaser OF such provision for the pay-
ineut thereof as said Court shall approve
tho undersigned Special Master Will ere
cutA and deliver a deed or deeds or othe.
proper Instruments conveying, assigning
and transferring 20 such purchaser or M
assigns, the property sold 20 such puf'
chaser sub ect however, 70 the proYisi0ui
OF Article XIV of said DEGREES.
Upon tho delivery OF such deed or deedt
or other Instruments OF conveyance or as
slgnmsnt ,S OF I n5med shall Be let into
the possession OF the property 50 conNeyrt
or transferred. subject, as 10 all properly
~ Tho Kansas and Colorado Pacific Rail
way company dated February J. 1905, %
the continued possession thereon by sslt
Receiver az receiver IN the cause nov pe"1. ~,
In The United States District Court Tor
tha Eastern District OF Missouri, East.
ern Division. for the foreclosure OF san
mortgage in which The Equitable Trust
Company OF New York is complainant.
and the said Receiver and any party
70 said consolidated causes VINO saal
be in possession OF any OF said properly o.
premises shall deliver the same oyer u
snjd granted or grantees. subject as afore-
said, and said grantee or grantees shali'
after such delivery Of possession, hold. pos
sess and enjoy the property 80 conveyei
and Transferred. and every part and parcel
thereof free from the trust and lien lm-
posed thereon BY the said First ana te
funding Mortgage Of tho defendant EAn-
wav Company ana free from all claims.
rights interest or equity OF redemption OF.
in or to the same BY or or the defenoan-
siSns and by or OF the creditors and stock
holders OF the defendant Railway Com
pany and by or Of all persons. claimlnS
by. under or through the defendant Rai-
vav Company, its creditors or its stock
holders and by or OF all parties 20 the con
stituent causes in which COMMONWEALTH
Steel Company and Guaranty trust CON
pany OF New York and BENJAMIN +. 70
wa ds, as Trustees, are complainants, ana
by or OF all persons claiming under thein
or any OF them, except the holders % Lng
liens and obligations described IN Articles
xviii and XII Of said DEGREES In so far
as but only IN so far az said liens and
obligations AFFECT said property. or. an
deed or deeds by the Special Master as afore-
said the purchaser shall be entitled 10 have.
enjoy and receive all revenues and compensa-
tion FOR services rendered to any parties or
persons by the Receiver in the operation G,
the premises conveyed 10 such purchaser
subsequent 10 the date OF sale. as well as
any and all material, supplies and other
nroperty acquired by the Receiver during said
period In the operation OF the premises con
veyed 10 such purchaser subject, however. 70
the continued possession by ssld hecslyer OF
10 thu First Refundlng Mortgage OF This
Kansas and Colorado Pacific Railway Com
pany and TO the further determination by
said Court OF the amount OF such revenues
and compensation properly attributable 70
said last named mortgage; and the right To
make such further Determination 10 reserved
BY said DEGREES.
IS. BY sad DEGREES all questions. issues,
matters and things not thereby disposed
OF Including the discharge OF the Receiyer
and the statement and settlement OF his
accounts, are reserved by said Court for
its future adjudication.
For further particulars, references Is
hereby made 70 said Special Masters reports
and said final DEGREES In said consolidated
causes and in the constituent causes on
file In the Offices OF the Clerks OF the Unit
ed states District Courts for the Eastern
District OF Missouri. Eastern Division, ana
for the Southern District OF New York.
Dated. January 9Th, 1911
JOSEPH :. DOBYNS,
Special Master.
sTETSON. JENNINGS q RUSSELL