New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-06
MASTERS SALE

tains the power and jurisdiction so TO do
and the hight, power and jurisdiction 10
,akee. back and resell any property thar
shall be sold under said DEGREES. In case
the purchaser or purchasers. or his o.
their successors, shall fan 70 pay any or
the claims mentioned in said Article, with
In twenty days after service Of an orde.
OF the Court requiring such payment or Y
an appeal be taken from any sucn order.
within twenty days after service OF wit
ten notice OF fnal confirmation OF such or
der upon appeal
In the event that any purchaser after
demand made. shall refuse TO pay any OF
the above mentioned indebtedness or ia.
bilities which under the provisions OF
said Article XNVll he is or may be re-
CURED TO pay, the person holding the claim
therefor upon twenty days notice TO suca
to have such claim enforced against the
property sold 10 such purchaser IN &C
cordance with the usual practice OF the
Court in relation 10 payments OF a simlisr
character and such purchaser shal have
the right TO appear and make defense 20
any clam. debt or demand or the priority
thereof so sought TO be enforced
10. Article XVII OF said DEGREES provides
that the Receiver shall. not more than NJ
teen nor less than hve days prior TO thi
date hxed for the sale under said DEGREES
file with the Clerk OF the United states
District Court for the Eastern District OF
Missouri, Eastern Division, an approximate
and advisory statement or statements Win
reference TO all rolling stock and other
moneys In his hands. and with refe. sree
10 certain indeb tedness, liabilities. claims
and demands OF the Receiver and OF thp
Railway Company.
IL ANY purchaser OF the property de.
scribed In Article VII and In Article MI
OF the said DEGREES and In the DESCRIPTIVE
clauses hereof. or OF any parcel Thereon.
Will have the right 20 enter HIS appearance
In said consolidated causes, and he or any
OF the parties TO the constituent causes
wherein Commonwealth steel company and
asr. ra - Erftzf al -
Benjamin r. Edwards. as Trustees. ars
compliments. respectively, will have th'
right 10 contest any claim. demand or A.
lowance existing at the time OF the sac.
and then undetermined. and any claim o.
demand which thereafter may arise or %
presented which shall be payable by any
such purchaser or which shall be charge
able against the property sold to such pur'
chaser.
~ ANY purchaser OF the property d.
scribed In Article VII and In Article NJ
of said DEGREES and In the descriptiNf
clauses hereof. or OF any parcel Thereof
and whether or not he has exercised o.
used any rights hereunder. shall have tn
right, within six months after the deliver
OF the deed or other instruments OF con
veyance or transfer by the underslgnct
Special Master OF the property purchase
by him, or within such additional period
said United states District Court 10
the Eastern District OF Missouri Easter .
Division, may hereafter by It's order or de-
cree permit, to elect not 20 assume Or
adopt any lease or contract made by the
defendant Railway Company or by the Re
Ceiver, which Is part OF the property EN-
braced in such deed or instruments OF con,
yeyance or transfer. Such election sha
be made by instrument In writing, slsnei
by the said purchaser and shall contain a
general description OF the contracts o
leases which he elects not 10 assume o.
adopt and shall be filed with the CLERK OF
said Court within the aforesaid period ~
user OF rights, prior 20 the expiration 81
said period shall be deemed 10 conclude
the purchaser IN respect o: such election.
and upon the nling OF such election said
purchaser shall be deemed not 10 nave as
sumed or adopted the said contracts or
leases or rights therein described nor 10 os
bound by the obligations OF said contracts
or leases provided however, that such eieS-
ton shall not entitle tho said purchaser
any reduction in the amount OF the oil
made at said sale In amounts 10 10
paid as IN said DEGREES provided.
18 Any purchase err, OF the prSps,y 3ffii
OF said DEGREES and In the descrlptlFs
clauses hereof, or or any parcel theteol,
shall have the right 10 elect not TO axe or
accept any part OF the property so sold !,
such purchaser by written notice OF W
election given to tho undersigned spseia'
Master at any time prior 70 the execution
msnts Of conveyance or transfer by thf
Special Master. No such election by pul-
chaser shall diminish or snect the put
chase price 10 be paid by such purchaser.
IA Upon confirmation Of the sale or an
or all OF said parcels and upon payment
the purchase price or such portion taetso.
as shall, by order Of said United STATES
District Court for the Eastern District or
Missouri, Eastern Division, be required -
be paid IN advance Of the delivery OF the
deed or other Instruments or conNeyanc"
and transfer, or upon the making by any
purchaser OF such provision Tor the pay
inent thereof as said court shal approve
the undersigned Special Master VIII exc
cute and deliver a deed or deeds or other
proper Instruments conveying, assignlLs
and transferring TO such purchaser or ny
assigns the property sold 70 suen por
chaser. subject however, TO the provisions
of Article XIV Of said DEGREES.
Upon the delivery Of such deed Or deedf
or other instruments OF conveyance or A..
Segment Or transfer. the grantee o.
grantees therein named shall be Jet I'M
the possession OF the property 90 conveyed
or transferred, subject IS 10 al ptopsIl.
covered BY the First Refundins MoTtgstS
OF The Kansas and Colorado Pacific Raj
way Company dated February ]. l0os, y
the continued possession thereof by SAL
Receiver as receiver in the cause now pending
I'm the United states District Court fos
the Eastern District OF Missouri, East
ern Division, for the foreclosure OF SAL
mortgage in which The Equitable Ttust
Corapsny OF New York Is complainant.
and the said Receiver and any par'f
10 said consolidated causes Who shs
premises shall deliver tho Same over ~
said grantee or grantees subject as aiorf
said and said grantee or grantees shsS
after such delivery OF possession, hold, po1
sss. and enjoy the properly so conysyo{
and Transferred. and every part and parcS
thereof. free from the trust and lien ms
posed thereon by ne ssld Its s.u ps,,.
WAY company and free from all clalms
rights, interest or equity Of redemption OK:
IN or to the same by or OF the defendant
Railway Company, its successors and as
signs. and by or OF the creditors and stock
holders OF the defendant Railway Conn
many, ard by or Of all persons. Claiming
by. under or through ne defsndant han-
creditors
holders and By or OF ell parties TO the con-
stituent causes in which Commonwealth
Steel Company and Guaranty Trust CON
psny Of New York ard BENJAMIN y. Ed.
wards as Trustees. are complainants, ana
by or OF all persons claiming under them
or any OF them. except the holders OF ths
liens and obligations described In Articles
XVIII and XII OF said DEGREES In so far
as but only IN 20 far as said Hens and
obligations affect said propsrty or any
portion thereof Upon the delivery OF the
Gs.d or deeds by the Special Master as afore.
said. the purchaser shall be entitled 20 have,
enjoy and receive all revenues and compenss-
tion for services rendered TO any parties OF
persons by the Receiver In the operation or
The premises conveyed TO such purchase
subsequent 10 the date OF sale. as well a.
any and all material, supplies and other
property acquired by the Receiver during said
period In the operation o, the premises con
veyed 20 such purchaser. subject, however, to
the continued possession BY said Receiver or
much Of said property a. shan be subject
20 the First Refundlng Mortgage Of Tho
Kansas and Colorado Pacific Railway Com.
pany and 10 the further determination BY
said Court OF the amount OF such revenues
ami compensation properly attributabls 70
said last named mortgage. and tho right TO
make such further determination Is reserved
BY said DEGREES.
10 BY said DEGREES all questions. fssues
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 tor
It's future adjudication.
For further particulars. references 10
hereby made 20 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
cd States District Courts for the Esstero
DISCREET OF Missouri Eastern Division. and
for the Southern District OF New York.
Dated. January 6fh, 1917.
JOSEPH s. DOBYES,