New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-13
NAsTEK-s SALE

a@sA'NtHHhFNNt
and The right power aud Jurisdiction to
taks back and Feseu any property tina.
shall Be sold under said DEGREES, In case
the purchaser or purchasers. or his o.
cheir successors. shai fail % nay ary %
the claims mentioned In said Article. with
IN twenty DAYS after service or an order
OF the Court requiring such payment. or y
a. appeal Be taken from any sucn orde-.
within twenty DAYS after service OF WRIT
ten notice % hnal confirmation Of such ar
In the event that any purchaser are
demand made. shall refuse 70 gay any &
ths above mentioned indebtedness or la
b.lltes which under the provisions %
said Article XNVH no is or may be re-
CURED 20 pay, the person holding the clAira
therefor, upon twenty days notice 20 slcA
purchasef may hle a petition In The Court
20 have such claim enforced against the
property sold 90 such purchaser IN &c
Corcance with the usual practices of the
Court n relation 20 payments OF = similar
the RICH; % appear and make defense %
any clam debt or demand or the priority
thereof so sought 20 Be enforced
10. Article XVII % said DEGREES provides
that the Receiver shall. not more than af-
teen nor iess than hvs DAYS prior 20 tas
Gate liked FOR tbs sale under said DEGREES
Gle with The Clerk Of the United states
Missouri. Eastern Division. an Approximate
and advisory statement or statements with
reference 10 all rolling stock and ether
properly acquired BY him, the anov~' or
moneys 10 his hsnds. and with rets- snee
20 certain Indebtedness, Liabilities claims
ard demands d tho Receiver and Of tho
Railway Company
II. Any purohassf o. tn. property Ia
seribed n Article VII and IN Article XII
OF the said oscrees and IN the descriptive
clauses hereof. or % any parcel thereof.
VIII have tho right 70 enter bis appearanca
I'm said consolidated causes and he or any
or the parties 90 the constituent caus~a
wherein Commonwealth steel company ana
Guaranty Trust company Of New YORK ana
Benjamin p. Edwards az Trustees, ara
complainsgs. respectively. viii have tns
right 20 contest any claim, demand or a.
lowancs existing az the Tins Of the sale.
and then undetermined. and any claim o
demand which thereafter may arise or ba
presented which shall Re payable ~ any
such purchaser. or which shall b charge'
able against the property sold TO such pjr-
chaser
H. ANY purchaser Of IN. property de-.
81 ssia n s SF. .sa TRd ,R N dsieTptSIs
clauses hereof. o. ot any parcel therso'.
used snv rights ,hsrsundsr. shall have tn
Hght. within sir months after the dsufefN
% tha deed or other Instruments OF COS
vevance or transfer By the undegiEneS
Special Master OF the property purchased
by hiu. or within such Additional 2eftce
as said United states District Court tcs
The Eastern District OF Missouri Eastern
Division. may hereafter ~ its order or d.
cree permit. 20 elect rot 70 assume o.
adopt any ease or contract made By th-
defendant Railway Company or b. The ns'
q
hraced IN such deed or instruments Of con
yeyance or transfer. such election cha
be made By Instrument IN writing. signed
BY thu said purchaser and shah contain =
general description o. the contracts o.
eases which be elects not 20 aaEuns o.
adopt ana shall b hled With the Clark o.
said Court within fhs Aforesaid period. NJ
user OF rights prior 20 tho expiration %
said period shall be deemed % oonoiuss
the purchaser On rsspect OF suoh election
and upon the ding % such election SAID
rkaf - al m n
sumsd or adopted me said contracts o.
leases or rights therein described nor 20 %
bound By the obligations % said contracts
or leases provided, however that sgcn eiec
sion shall not entitls the said purchassr =
any reduction IN the amount or The OH
made A. sad sale or - amounts 10 DC
- Any purchaser OF tho property az
scrihed IN Article VII and IN Article XII
of said DEGREES and IN the descriptive
clauses hereof or Of any parcel thereof.
shall havs tbs right 20 elect not 20 taks %
accept any part OF the property 20 sold -
such purchaser, BY written notice or ~
election given 20 thu undersigned Special
Master a. any time prior 20 the execution
and delivery o. the deed Or other instru.
ments q conveyance Or transfer ny th'
Special Master No such election by pu--
chaser shall diminish or AFFECT The puf-
chase price 90 be paid BY such purchaser
Is Upon confirmation Of the sale OF any
or an OF said parcels and upon payment =
the purchase price or such portion thereof
"a shall. BY order 81 said United states
District Court for the Eastern Dlstrlcf %
Missouri Eastern Division. be required 20
be paid in advance OF the delivery az tbs
deed or other Instruments Or conveyance
and transfer. or upon tne making by any
purchaser Of such provision for the pa
msnt thereof as said Court shall approve
the undersigned Special Master VIII exc
cute and deliver "A deed or deeds o. othef
proper Instruments conveying, assigning
and transferring 10 such purcnafer or hi3
assigns the property sold % SUCH puf-
chaser. subject. however. % me PROVISIONS
Of Article XIV OF said DEGREES
T-pon the delivery or such deed o. desds
or other Instruments % couvey anCe or as
alignment or transfer. che grantees o.
grantees therein named shall be- iet in,'
the possession % the property - conveyed
or transferred subject. az 20 al property
covered by ne First RefGndlng Nor, ssfs
81 TIE Kansas and Colorado Pacifc Rail-
way Company dated FeoFuary leOo -
-he continued possession thereof By sad
Receiver as receiver 10 ne ca use now penang
IN the United States District court lor
ths Eastern District o. Missouri, Eas'
EN- Division, for the foreclosure % sad
mortgage in which This Equitable Trust
Company OF New York is complainant,
and ths ssid Receiver and any party
TO said consolidated causes who 8nsl
be IN possession Of any % said property OF
premises shall deliver the same over -
sald grantee Or grantees. subject a. alore
said. and said grantee or grantees snai.s
4yter such delivery OF possession, hold. pos
sess aod 81 10y the property 20 convsTet
and transferred. and every part and parcc
oo4ed thereon bv The said FIRST and r..
fundinR Mo-tsaRs OF tbs defendant k@
way Company, and free from All cain.
r.ghts interest or equity Or redemp L.on OK.
in or 20 The san1s b. or o. the deferdsT-
Railway Company. rs successors ard a.
81 gns, and by or 81 the creditors ara s.oe.-
holders OF the defendant Railway Con-
uany. and By or Of al persona CLAIMING
By. under o. through the defencan; Pa
v,ay Company. its creditors or rs Bt0cl
holders and By or % all parties % ths con
n " q o.
steel Company and Guaranty Trust Corn
psny Of New YORK and Benjamin =. ~.
trar5- az Trustees. are complainants, as
by or Of all persons claiming under them
or any Of them. except the holders OF th7
liens and obligations described N Articleh
xvii and XII OF said DEGREES n 80 "a
obligations affect ssic property. or a.
portion thereof Upon The delivery o. rHs
deed or deeds oy the Special Master aa sfois-
said. the purchaser shall Be entitled % have.
enjoy and receive all revenues ana cornpenaa
ton FOR services rendered % any parties -
persons by he Receiver in the operation o.
subsequent 20 tho date % sale. a. vel 80
any and al material, supplies ana other
properly acquired oy the Receiver during ssla
period Ia the operation OF ne premises con-
veyed % such purchaser, subject, however, 70
ne continued possession ~ said Receiver -
so much Of said properly as shall b slojerr
70 the First Refunding Mortgage Of Th@
Kansas and Colorado Pacific Railway Cor
pany and 20 tho further ostermi nation b.
said Court Of the amount q such reyenvss
and compensation properly attributabls 20
said last named mortgage; and ths right q
MAKE such further determination r. reserved
~ said DEGREES.
10 By said DEGREES all questions, issuss.
matters and things not thereby disposed
or Including the discharge % TIE Receiyer
ard the statement and settlement % his
accounts, ars reserved By said Court fos
is future adfuc cation.
For further particulars, references ~
hereby made 20 said Special Masters reporra
and said fnal DEGREES in said consoiidatsd
causes and IN the constituent causes o.
Sic "a the Offices % the clerks OF ne Unit
I'd states District Courts tor The Eastern
District % Missouri. Eastern Divisior. ana
for the Southern District % Eeg York
Dated. January 6th, 1911.
JOSEPH e. DOBYTs.
Gneefal Master