New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-30
MASTERS SALE

foD ms sum OF Wv Tor NV piHfNses
pledged TO secure the payment OF a GER
tain note Of the defendant Railway
Company 10 tbs Board OF Hospital ser
vice Managers and described IN SuOoI-
and IN Subdivision Of Article II Of
tbs descriptive clauses hereof:
I'D Tho srm OF $3.50. 700 for AL otne.
property ad1udged oy said DEGREES no.
FRS, and Re;undins Mortgage e the
defendant Railway Company ana &C.
tcrbed IN Subdivision ID OF Article NJ.
OF said DEGREES and in Subdivision u OF
Article III OF the descriptive e'a~'s'
Cc5 The sum of ,i3too.ooo for the
property subject TO tho lien OF SAID flrss
and Retundlng Mortgage. and dsscfioe,o
in Article VII OF said DEGREES ard In Artl-
Gle OF the descriptive clauses hefsoi.
% The sum Of ;i6.i50,02o for all the
property described in Article VII ana "a
Article XII OF said DEGREES and IN Artl-
Giles / and II OF the descriptive clauses
hereof. as an entirety;
and ~ such respective sums shall not be
bid for any OF said parcels, nor said sum
for the property described In Article "
Articles 1 and II OF the descriptive
clauses hereof, as an entirety, the Special
Master viii adjourn the sale OF SUCH par,
eel or parcels for which the required
amount shall not have been hidden ana
Will apply to the Court for further IN
structions 10 respect thereof.
I. In case any bidder upon the accept
snce OF hts bid by the Special Master:
shall fail 10 comply, within the period OF
twenty days after the entry thereof. with
any order OF said United States District
Court Tor the Eastern District OF Mis-
lating 20 the payment Of the balance OF
tho purchase price. then the moneys or
bonds or claims deposited by such &C
cepted bidder. as hereinoefore provided,
win be forfeited as penalty for such
failure, and will be applied 20 the pay
ment Of the expenses OF a resale, and
toward making good any deficiency or
loss In case the properly IN respect OF
default shall be sold at less price on
such resale. aud 70 such other purposes
as said Court may direct.
II said Court shall deny an application
, 10 conhrrn any sale, the deposit made ~
any accepted bidder at such sale VIII
/ thsreupon DO returned TO such bidder.
5. Upon the confirmation OF any sale,
the purch aser shall mako such payment
or payments In cash on account Of the
purchase price as said Court may from
time to time direct
SO much OF the purchase price as may
not be required by said Court TO be paid
in cash may be paid I'm cash or the pur-
chaser may satisfy and make good the
/ balance OF his bid I'm whole or In part by
delivering to the Special Master TO be can
cslied or credited, provided In said de-
cFees, Fret and Refund!ns Mortgage
| Bonds OF the defendant Railway Com
d
bonds. accompanied by the coupons spper-
tanning thereto due September I, 1915. and
subsequently, 10 be paid out OF the pro-
ceeds OF sale on distribution as provided
; n sad DEGREES. and claims against the
/ defendant Railway Company which have
been or may be allowed and established
IN said consolidated cause in the United
States District Court for the Eastern Dis
trict OF Missouri Eastern Division. and
are 30 be so paid as in Article XXI Of
such DEGREES provided. including any de-
/ fcisncy claims in respect OF such FIRST
| and Refundins Mortgage Bonds and cou-
! pons which may be allowed by said Court
/ IN favor OF the trustees OF said First and
| Refunding Mortgage or ang bondholders,
and also any deficiency claims which may
| be allowed by said Court In favor OF ths
| holders OF any other bonds or obltga-
/ lions OF the defendant Railway Company
! secured by mortgage or pledge OF coll
| lateral or Of the trustees OF the mort
cages or trust indsntures given TO secure
| the payment OF such bonds OF obliga-
! tions. and which are TO be so paid.
Registered bonds shall be accompanied
/ and said claims shall be accompanied by
proper assignments thereof 10 the Special
Master. in lieu OF bonds aud coupons or
elaine, the Special Master may accept
solvent bank. banking institution. trust
/ company or banking firm within the
1 United Statee Of America or any Euro
= pean country. acceptable 20 the Speciai
or subject to the order OF the person or
persons, or corporation therein named and
assigned to his order, bonds OF the
/ amount therein specified. and, II In cou-
| pom form accompanied by the coupons
therein specified, or claims OF the re-
quired character and OF tho amount there
| IN specified accompanied BY proper ana
appropriate assignments thereof, trans
I ferring the same 10 the Special Master.
The purchaser will be credited on ac-
count OF the purchase price OF the prop
erty by him purchased for all such bonds
and coupons and for all such allowed
! I'm part payment OF the purchase price.
with sucl sums ss would be payable In
respect Of such bonds coupons and claims
out OF the proceeds OF the sale or sales
made pursuant TO said docrees II thu
whole amount Of the purchase price we're
paid in cash.
Said Court reserves the right to retaks
ana resell, upon such notice as said Court
may direct. any properly sold 20 any
purchaser in case such purchaser shall
fail or omit to make any payment on sc-
count OF the unpaid balance Of the pur-
chase price within twenty days after the
entry OF the order requiring sgeh pay
ment.
A purchaser will not be required TO pay
70 the Special Master the amounts pay
able in cash. out OF tho proceeds Of the
nala TO such purchaser, In respect OF any
OF First and Refundns Mortgage Bonds
and appuTtsnant coupons payable en-
after said Court shall, on application Of
the holder OF any of said bonds or cou-
pons, enter It's order or decree directing
the payment OF the eesn distIioutiys
purchaser 20 which such bonds or cou-
pons, In respect OF which such holder
ehali make application as Aforesaid. shall
be entitled.
Until a purchaser. his successors or as
signs shall have paid In cash the dis
trlbutive share OF the proceeds Of the
sale 70 such purchaser 10 which all suoh
bonds or coupons shall be entitled. either
OF said Court or into court, said Court.
subject TO it, further order. reserves a para
mount lien and charge upon tho prop
erty sold 10 such purchaser and every
part and parcel thereof, for the payment
into said Court in cash OF such unpaid
part or portion of ths purchase price;
and In case the PSTshs,s ss ri, sue ss..
fail 20 comply with the terms Of any
order for such payment made by said
Court, then said Court upon the sppiiea-
coupons, may retake and resell the prop
erty sold TO the purchaser, who or whose
successors or assigns shall so have made
default, and at his or their cost aud risk.
purchaser shall not be required 20
see 70 tho application Of the purchase
money, nor be answerable In any manner
whatsoever for any loss. misapplieation,
or non-application OF any such purchase
money or of any part thereof
o. As provided in Article XVII OF
said DEGREES. the purchaser OF the prop
erty described In Article VII OF said de-
erees and In Article ] Of the descriptive
clauses hereof as part OF the consider
alton Cor said properly and as part OF the
purchase price thereof. and In addition 20
The sums bid by him and elsewhere In
raid decrses required 20 DO paid by him.
shall take such property and recsiys ths
deeds or other instruments OF conveyance
and transfer thereof, upon the express
condition that be or his successors or as
signs shall pay, satisfy and discharge.
(d) Any unpaid compensation which
has been or shall be allowed 10 George
{. Hitchcock. the Special Master APP
poInted prior TO December ~, 1915 in
said consolidated causes, or In the con-
stituegt causes 81 which Guaranty Trust
o. Ne Ynra and RAu N In u.