New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-18
MASTERS SALE

ing Mortgage or Of SAID General hortsase;
pledged assigned or transferred ~ SUI
pailway company or any one ia its hehait
| TO the respective trustees OF eaid fliri MI
Re:undlng Mortgage and said "ene'"'
| Mortgage -o.
erty az said Railway Company NAV uo.l
time to time Dv implement or supplement
10 said FRS. and Refundlng MortgaEs .,
said General Mortgage have made SUN,
TO the Hen and TO tho rms ana li'''-
sions thereof. t
Also an other property real and personal
at any time acquired By and 'or SAID t i
wav Company with First and Refundlns
Bonds or General Bonds or with tho piV
ceeds Of the sale ~ any OF said bonus So.
For a more particular description OF W
property to DO sold reference is hereby MAJ,
; 10 said Finai Decree and TO the report ..
the Special Master filed with the 'leih vi
said Court April 20. 1917. mentioned III
| Article Twenty-third % said Final beci'..
A. more fully provided by said Final De-
cree. to which reference Is hereby made
First. Said sale will be made Nllnou'
valuation. appraisement. redemption OF 'N
second The Special Master may adjourn
or postpone said sale from time 10 time, anu
may without further notice or adfertlse-
ment. proceed with the sale on any Jay ~
| which the same may have been 80 hHlo..iih.',
Third. Any party 10 said Consolidate
Cause. or any constituent cause ~. ,.nii
holder ~ Five Per Cent. First Mortgage 'oIn
! Bonds OF The Cincinnati. Dayton ana lIoh1oh
Railroad Company. or or First ana -, ",
funding Mortgage 80 5O-fear COO i,'nto
or ~ General Mortgage Gold Bonus OF W
Railway Company. or any stockholder OF shln
Railway Company. may bid al such SAFE, anu
n successful bidder. may purchase ~ MS
its or their own right.
Fourth Said property. whether sold as an
entirety or in parcels, snail IN so tar as We
lien OF any OF the instruments sp'ciHtu ~
| Article Third Of said Final Decree ''Ft'a
any OF said property, be- SOLD subject 10 NV
lien OF such instruments. r.,
Fifth said sale VIII be made IN lne ~ ~
lowing manner. and all bids ior any p atc,i Sa
sub-parcel In which any Of the property 10 %
sold may be offered will be receiver "nI
noted only on condition that such pafcel 81
sub-D,rcel may be subsequently o"eie' ~ ~
| this paragraph provided.
| l. The Special Master viii irst oher TO,
sale as an entirety, all the property adju9Ssu
| bv said Final Decree 20 be embraced j,
! either the IrOn.On Mortgage or the first anu
/ Refunding Mortgage or the General Mort
gage and will note the highest bid tnei"toI-
H. The Special Master. unless the prop
erty embraced in the First Mortgage OF lh2
I Cincinnati. Dayton and chicago kalt t"a'
| COMPANY (being the property described j..
paragraph II OF Article Twenty -tnlId OF -n-n
Tinal Decree and I'm subdivision II OF 'ls.-e
II the foregoing brief description sn'l.
previously have been sold In onforceIneht OF
| said First Mortgage. Will next onet tor sn'e
that part Of tho property embraced III VIC
First and Refund'ng Mortgage and the zen,
eral Mortgage which Is also embraced IN sal"
{ First Mortgage. In the following manner
(d) '.le Special Master will offer Tor
sale. separately and as an entirety; an s.li
property embraced In said First Mortgage
and vii, note the highest bid therefor.
(b The Special Master will next oifer
for sale separately and as an entirety the
following property:
All that portion of the line OF railway
formerly belonging 10 The Dayton. foit
Wayne & Chicago Railway Company. SIT
uated IN the Counties OF Allen, Van Vert.
Mercer Darke. Miami and Mont gomery In
the state Of Ohio and beginning at Del
In, Ian "a
southerly direction through Spenc ervihe
in said Allen County. Van Vert county
Mercer and Celina in Mercer County,
Versailles in Darke county. cov!nstoh
and West Milton in Miami County. TO
point on said line designated as Survey
station 42 81 about l29 feet northwest
OF the point where the line OF railway
embraced in said First Mortgage Of The
Cincinnati, Dayton and Chicago Railroad
Company crosses the line Of the
Pittsburg, Cincinnati, Chicago and -.
Louis Railway Company at or near still
water Junction in said Montgomery
County. and all real estate acquired for
use in connection herewith; ana all
rights OF way. rOad-beds and the entire
superstructures thereof and track at any
time placed thereon. and all stations.
depots, shops, yards and other grounds az
any time used In connection Herewith
and located thereon. and all steel and
iron rails, ties, railways, sldnss'
switches. bridges. fences. turntables.
| water tanks viaducts freight houses.
and all other structures, buildings and
fixtures whatsoever. acquired for use IN
constructing. repairing. operating. replac-
ing and maintaining said portion OF said
line Of railway. and located thereon; also
all the rights. franchises, privileges I'M
munltles and easements. and all leases
and leaseholds including all corporate
franchises connected with said portion
OF said line OF railway: all the property
included in this subdivision 90 being
north OF said point on said line OF rail-
ad a. Survey Station W.. 81.
The real estate acquired for use In con-
nection with that part OF said property IN
cluded in this subdivision tb) OF tnis
/ clause III includes the real estate embraced
in the seventeen deeds described In para
graph II Of Article Twenty-third Of said
Final Decree.
The Special Master Will note the hghes,
bid therefor.
for sale separately and as an entirety. all
the remainder OF that part OF the property
embraced in the First and Refundlng
Mortgage and the General Mortgage which
is also embraced in said First Mortgage OF
The Cincinnati Dayton and Chicago Rail
road Company, and Will note the highest
bid therefor.
The real estate acquired FOR use in con-
nectlon with that part OF said property In
cuded in this subdivision tc) OF this
clause III includes the real estate embraced
in the deed dated February H. 1899. from
@. Soehner and J. Disier 10 the Railway
Company recorded In the Office OF the Re
corder OF Montgomery County. Ohio. In
Book 223. al page 81.
II the highest bid received for all said
property embraced in said First Mortgage OF
/ The Cincinnati, Dayton and Chicago Rail
road Company when offered for sale an
I entirety as provided In subdivision (G) %
This clause III shall equal or exceed the ag-
: gregate Of the several highest bids for said
property when offered for sale in sub-pa reels.
l a. in subdivision (bl and subdivision tcl OF
this clause II provided then the Special Mas
I ter will cancel the bids noted for said two
[ sub-psrcels. and note only the highest bid for
said property as an entirety. If however. the
highest bid received and noted for said prop
I erty as an entirety shall be less than the ag
gregate amount OF the highest bids for said
property when offered In said two sub-par-
/ cells then the Special Master will cancel the
bid noted for said property an entirety
and will note only the highest bids for said
two sub-parcels.
II one OF the sub-parce's provided for IN
subdivision (b) and subdivision (c) OF this
! clause II shall previously have been sold In
| enforcement OF said First Mortgage OF The
Cincinnati. Dayton and Chicago Railroad
Company, but the other OF such sub-parcels
/ shall not have been previously sold. then
the Special Master will offer for sale that
| one OF said sub-parcels which shall not have
been sold, and will note the highest bid
therefor.
III. The Special Master will next offer for
sale the property adjudged by said Final De-
cree TO be embraced in the Ironton Mortgage
| ibeing the property described in Article
Twenty-second OF said Final Decree and In
clause a Of the foregoing brief description,
in the following manner:
(a) The Special Master will FIRST offer
for sale az an entirety. all the property adj
( Judged by said Final Decree TO he en-
| bracei in the ;ronton Mortgage, and will
/ note the highest bid therefor.
(b) The Special Master will next offer
| for sale, separately and as an entirety
the following property:
All that portion OF the line Of railway
! formerly OF The Dayton Fort Wayne
| and Chicago Railway Company. begin
ming al connection with the line Of
/ railway OF The Detroit. Toledo and Iron.