New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-04-26
MASTERS SALE

- so.NI etsasF' as an entirety -
sum OF $4,000 in cash. or ~ 80, ~
check upon any national bsnt - s. ~
company boz the State of Ohio = ~ w
Of New York acceptable n ~. '1s VIZ
Master ana made or endorsed ssy.1g
ms 0raer' or N .ieu Of said deposit n 80
or By check $500. 900. face s5,o y, eis.
First Mortgage bonds IN bearer o.. =
Ing the coupons appurtenant ~ - ~.
maturing october ]. 1914. ana sps.,..,, 2,ti
\ deposit made by any bidder ~ ~
IsLs pace HAf, 20 lar a. appllrskfs
applied on account Of the daossf, -, =
10 he made in order 70 qu.ufy 3 's4Nre1
for the same property when oTs,s,i % ~
OF the morteaged property ss A. .r...s. ~
IN lieu OF the deposit u Ftrxs 49,.
u mos ana coupons Win the Special Y,.,s
hereby permitted the Special Na,,.. sse
accept the certificate % the Me-. 49, "
Company that lt holds subject "a ~ tl.H
the amount therein specified Of ~. .-i,'
gage Bonds IN bearer FORM. acconr,s.,.ssoi'
the coupons therein stated. Ths 49, y
csivel from any uneuccessfui 49, ps ~, ~
returned 70 him when the proosrfv 49,. ~ =
struck on. The deposit received 80. ~
successful bidder Will be held Nv ~. ~ a.
Master subject 70 the orders Of sais S.sli
and upon confirmation u the sale an tD.ll
piled on account OF the purchase PRO y Y.
property for which said BIDS we're 49, w
VI In case any bidder. after ~ =.
arce ~ his bid BY the Special Mssfs- ~
fail 10 comply within ne period n -.
days with ahy order Of The C0urt 49,
or relating % the payment Of n. 49,.
Of tho purchase price. then the suns -.
tied by such accepted hidier ~ hi6,..If
hereinbefore provided. whether In ~ !.
check or represented BY Yrs, v.-...
bonds VIII be- forfeited a. A pen.i,,s.s.s
such failure and VIII be applied 10 n. 20
mont % no expenses o. A resale ana &c..
making good any deficiency or "a, I, 80.
the property shall 10 sold A. A lsss A.. y
any such resale and Tor such Other SgS..,.,
81 the Court may direct II fhs Cur. 49,
not confirm any sale the deoosif -. -
the accepted bidder will be forthUItS =.
turned % such bidder.
VII. The purchaser or purchaser, a, -.
confirmation Of the sale ~ the Co.r, .,sT
make such further payment or payment, a.
cash on account Of The Durchasn 80. -
'he Court may from time % tine dr.es e.
much OF the purchase price az nav ~, y.
required hy the Court 70 be paid IN a..
may either b. paid in cash Or any p,irch,ss-
may SATISFY and make good such re,ian, :,
his BIZ in whole or 90 part By turning 49,
% the Special Master 70 he cantellss 4,
credited. as hereinafter provided. First por
gage bonds and coupons ihereunfo suo.-,.i.
ing In lieu Of 80 turning over 70 the soss,
Master First Mortgage Bonds and co1ton,
the Special Master VIII accept the es-s
cate of The New York Trust Coma,
that 70 holds subject % his order m,
amount therein specined Of First Nor.
gage Bonds IN bearer form and sosr.
panied By the coupons therein statsS
purchaser will be credited on aceoun. y "A.
purchase price for First Mortgage Bons,fs,
the coupons thereunto appertainlns t-,i
over 81 part payment Of the purchase ~,
such sum as would be paid IN cash uponsf,
First Mortgage Bonds and coupons on !,
the proceeds Of sale Il the whole amogsi \
the purchase price had been paid IN eah
The term purchaser wherever used Ia n,
Notice or IN SAID Final Decres incuse, n.
plural in case there shall be more than oss
purchaser OF any property sold hereunder
VIII. The Court reserves the rgh, % res.ii
tho property sold 20 any purchaser upoa
cost Of such purchaser. IN case such pur-
chaser shall fall or omit 10 make any pay.
ment OF account OF the purchase price ailhin
twenty days after the entry o. ans ortsr
requiring such payment. Neither any sur.
chaser nor his successors, or assigns shall -
required 70 rec n the application o. ths
purchase money Zach purchaser shall Rave
the right 20 enter his appearance IN sali
Court and 10 become a party % ne cause
TX. As provided in Article XXN Of sad
Final Decree purchaser OF the whole Or arr
mart OF the fortgaged property shall ,aks
the same subject 20 all taxes afsesszie1i'
and other charges that are len on all
property, and the purchaser Of the nor
gagged property as an entirety. or II II SAL
not be sold as an entirety, the purchase {.
0 the parcel PROVIDED LOT N SUBDIVISION ~ OF
, Article XVI OF said Final Decree. lhslsf
the parcel described IN subdivision IN 4
Paragraph hereof as Part OF the csrst-
Grafton FOR said property ard a. part u d.
purchase price thereof. and IN adt51i %
the sums bid by him. and elsewhere 4 af
Final Decree required 70 be paid b hn.
shall take such property and feeeHe ne
deeds or other instruments Of ecaysfanes
and transfer thereof upon the express ronii'
ton that he or his SUCCESSORS 0 sEisns
shall pay satisfy and discharge any urgall
indebtedness and liabilities OF the Releger
OF The Cincinnati Hamilton and layioa
Railway Company except taxes ana assf,,
monts as aforesaid incurred IN the manage
rnent and operation OF the properly slo.ect
10 the First Mortgage. 10 the s1iem ma
they shall not have been paid out Of Ho.sls
I'm the possession OF said Receivers incl8t!ns
moneys received BY them after surenief o.
possession Of said property. oUt arislns ro ,
the prior management and operation tlsIeoi
rha amounts 20 be paid under sale Afiics
xxx. unless agreed upon by the parAts "
interest shall Re fixed and adJudged " az
court. and said Court reserves the rg1t az
retains the power and Jurisdiction 30 70 a.
ard the right. power and Jurisdiction 10 a.
hack and resell any properly mat hal .
sold under said Final Decree IN cass -,
purchaser or his or its successor or assts
shall fail 70 pay any Of the Civilizations NJ.
toned In said Article xxx within iNsny
DAYS after service % an order OF said C9,.
reouirinE said payment. or II an appeal =
talnn from anv such order. within iNeng
DAYS after service Of written notice q AH"
confirmation Of such order upon apPsiL .
In the event that any purchaser, arc, p,
rnand made. shall refuse 70 pay any o. ".
above mentioned obligations Whleh unae ~, w
foregoing provisions Of said Article ~
he Is or may be required 70 pay us 49,
10 whom the same may be Que, uPoh 49,
DAYS notice 20 such purchaser may nt
10 have Lf -"
enforced against the property SOLO y -
rurchaeer. IN accordance WITH ihs
practice OF said Court In relauon =.
n1ents OF a similar character; sho -
chaser shall have the right 20 aps,sn--,J
make defense 20 any claim. deot .. 80 Il. -.
or tho priority thereof 80 Sought "
forced. 49,.
provtses that the Receivers Of The ues,
natl. Hamilton and Dayton Ral!eg hi,
pany shall not more than twenty =, h,
4 than ten days prior 70 ne os'' az v,,s ..
clerk OF said Court an ADVISORY iss,. 1880
or statements with reference TO inde''s'N
liabilities. contracts and leases
ANY purchaser and his successors 4
STEMS shall have the right for tae p'sns.e.tl
SIX months after the delivery OF wy ~, q
Masters deed to elect Nhse, , -. ,ropsstJ
assume or 70 adopt az part OF sns Ssortrst,
embraced IN such deed. any ease o. .s Gas.
y,ade Nv The Cincinnati. Hamilton 90! =.
tor Railway Company appertainlhs az.
property purchased BY him. ana Ian u
chaser. his successors or asslsils sso,,si
held not 10 have assumed or 70 ~, $3.50 ,.
anv lease or contract N respect 60. ~. sise.
or they shall not have fled a Wiz. ara
tion 10 assume or 10 adopt me Asn.,,,s x
the clerk OF said Court wlihin sag 800
six months or within such adal -. orls
a. said Court may Thereafter ~
or decree permit ...o,s or a.
ANY purchaser and his sucoess, N, I,
signs shall have the right 70 ,roosrg
take o. accept any part Of wy 70 %
struck OF 90 him. oy written no ~. sdor I.
speciat Master given at any um ,s,d e
lie execution and delivery OF ,ns sen
Instruments OF transfer from w .'e.,.'s,ssf
Master. No such election by any L-,,i.h q
his successors or assigns, shaI o."-eosry.
AFFECT the purchase price OF w sss ~
NJ Upon confirmation OF 80 a., ~
payment OF the purchase price " ~ sgc'
chaser. his successors or assisn% ave.,
making such provision Tor w M 81
thereof as said Court may approve, ,.,os'
eiaI Master making the SAFE tne~ ,sas,s
TO such purchaser. his SUCCESSORS ,,sns1r
deed or deeds or other proper sss,sirg -
conycying. assigning ana "a ,1.,e,c. -
property sold 20 such purchaser ,.e.ssssf. .
part thereof. II any as sucD l'ssia..,,l -
successors or assigns. shaH naNs .s,,Soss
10 take in accordance With ne xxN
snch resnect contained N Artlee sas,,,.t