New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-20
MASTERS SALE

tcl The sum OF Wv loF the p1OpoaC
pledged 70 secure the payment OF a GER
tain note of the defendant RaAwaS
Company 20 the Board OF. Hospital ser
vice Managers and described IN s1bol-
vision Z OF Article Mi OF said DEGREES
and in subdivision c % Article II OF
the descriptive clauses hereof: -,
Cd The sum OF fl5e000 for all other
property adjudged oy said DEGREES n1S
First and Refundlng Mortgage o. the
defendant Railway Company. and ae,
scribed In subdivision u o. Article MI
OF said DEGREES and in Subdivision y OF
Article II OF the descriptive clauses
teI The sum OF ,i34Oo.OOO for the
property subject 60 the lien OF said FifsS
and Refunding Mortgage, and described
In Article VII Of said DEGREES and In Artl-
Gle / OF the descriptive clauses hereot'
~ The sum Of Si6,i50.020 for al the
property described IN Article vi ana ~. "a
Article MI Of said DEGREES and IN Art-
cles ] and II OF the descriptive clauses
hereof. as an entirety
and II such respective sums shall not be
bid for any OF said parcels, nor said sum
for the property described In Article VII
Articles I and III OF the descriptive
clauses hereof as an entirety, the speclal
Master will adjourn the sale OF such par,
eel or parcels for which the required
amount shall not have been hidden and
will apply TO the Court for further IN
structions In respect thereof.
I. In case any bidder upon the accept
anca OF his bid By the Special Master.
shall fail TO comply, within the period Of
twenty days after the entry thereof. with
any order OF said United states Dlstrlct
Court FOR the Eastern District Of MIS-
souri,, Eastern Division. requiring or re-
latins TO the payment OF the balance OF
the purchase price, then the moneys or
bonds or claims deposited by such &C
cepted bidder. as hereinbefore PROVIDED.
viii be forfeited as a penalty for such
failure. and will be applied TO the pay
ment OF the expenses OF resale, ana
toward making good any ,dehciency o.,
which such accepted bidder shall make
default shall be sold at less price on
such resale. and TO such other purposes
as said Court may direct.
II said Court shall deny an application
TO confirm any sale the deposit made by
any accepted bidder at such sale viii
thereupon be returned 70 such bidder.
8. Upon the confirmation OF any sale,
the purchaser shall make 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 in cash or the pur-
chaser may satisfy and make good the
balance OF his bid In whole or in part By
delivering 10 the special Master TO be can
ceIIed or credited. as provi led in said de-
crees, First and Refunding Mortgage
Bonds Of the defendant Railway COM
pany, IN bearer form. and, II coupon
bonds, accompanied by the coupons apper-
tanning thereto due september I, 1918. and
subsequently,, 20 be paid out OF the pro-
ceeds Of sale on distribution as provided
IN said DEGREES, aud claims against the
defendant Railway Company which nave
been or may be allowed and established
IN ssid consolidated cause In the United
States District Court for the Eastern Dis
trict Of Missouri. Eastern Division, and
are 70 be so paid as IN Article XXI OF
such DEGREES provided, including any de-
hcIeucy claims in respect OF SUCH First
and Reminding Mortgage Bonds and cOu-
T pous which may be allowed by said Court
ia favor 81 the trustees OF said First and
Refundiug Mortgage or any Gondholders,
and also any deficiency claims which may
be allowed by said Court IN favor OF the
holders OF any other bonds or obllga-
lions Of the defendant Railway Company
secured by mortgage or pledge OF col
lateral, or Of the trustees Of the mort
Iages or trust indeutures given 20 secure
the payment OF such bonds or ooliga-
J. TONS and which are 20 be so paid.
b Registered bonds shall be accompanied
by proper transfers 20 the Special Master.
. and said claims shall be accompanied by
proper assi glmeuts thereof 10 the Special
Master. in lieu OF bonds and coupons Or
claims, the Special Master may accept
The certificate or certificates or any
solvent bank, banking institution, trust
company or banking firm within the
United States OF America or any Euro
peau country, acceptable 20 the Special
o. subject 70 the order OF the person or
persons, or corporation therein named and
. assigned TO his order bonds OF the
b amount therein specified. and. II in cou-
pom form accompanied by the coupons
l therein specified. or claims OF the re-
CURED character and OF the amount there
10 specified accompanied by proper ana
. appropriate assignments thereof, trans
ferring the same 70 the Special Master.
The purchaser will be credited on ac-
count OF the purchase price OF the prop
erry ~ him purchased for all such bond ;
and coupons and for all such allowed
. claims 20 delivered 70 the Special Master,
[ IN part payment OF the purchase price.
with such sums as would be payable IN
respect OF such bonds. coupons and claims
out OF the proceeds OF the sale or sales
made pursuant 20 said DEGREES II the
whole amount Of the purchase price were
paid In cash.
Said Court reserves the right 10 retake
and resell. upon such notice as said Court
may direct, any properly sold 20 any
purchaser IN case such purchaser shall
. fail or omit 70 make any payment on &C
count OF the unpaid balance OF the pur-
chase price within twenty days after the
entry 0f the order requiring such pay
meut.
I TO the Special Master the amounts pay
able in cash out OF the proceeds OF the
sale 70 such purchaser. in respect Of any
OF First and kefundlng Mortgage Bonds
and appurtenant coupons payable on
after said Court shall, on application Of
B the holder OF any OF said bonds or cou-
/ pons enter its order or decree directing
| the payment Of tho cash distrioutive
| share OF the proceeds OF the sale 10 such
4 purchaser 10 which such bonds or cou-
| pons in respect OF which such holder
shall make application as aforesaid. shaLI
be entitled.
Until a purchaser his successors or as
signs shall have paid in cash the dis
tributive share OF the proceeds OF tho
sale 10 such purchaser 20 which all such
bonds or coupons shall be entitled. either
directly or in accordance with some order
OF said Court or into court, said Court,
subject to It's further order, reserves para
mount lien and charge upon the 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 the purchase price,
and in case the purchaser, his success
sors or assigns. shall for twenty days
fail TO comply with the terms Of any
order for such payment made by said
Court, then said Court upon the applica-
ton OF the owner o. any such bonds or
coupons. may retske and resell the prop
eriy sold 10 the purchaser. who or whose
successors or assigns shall so have made
default. and at his or their cost and risk.
purchaser shall not be required TO
see TO the application OF the purchase
money nor be answerable IN any manner
whatsoever for any loss. manipulation,
or non-applicatiou OF any such purchase
money or OF any part thereof
O. As provided IN Article XVII Of
said DEGREES the purchaser Of the prop
ertv described in Article VII OF said de-
crees and IN Articla I OF the descriptive
clauses hereof. az part OF the consider
alton for said property ana as part OF the
purchase price thereof. and IN addition 20
the sums Did by him aud elsewhere In
said DEGREES required 10 be paid BY him,
shall take such property and recslvp the
deeds or other instruments Of conveyance
and transfer thereof upon the express
condition that he or his successors or as
signs shall pay. satisfy and discharge:
Cd) Any unpaid compensation which
has been or shall be allowed 20 George
c Hitchcock. the Special Master. ap-
poiuted prior 20 December 81. 1910. IN
said consolidated causes. or in the con-
stitueut causes IN which Guaranty Trust