New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-25
MASTERS SALE

the purchase or purchasers, or his o
their successors. shall fail 20 pay any ~
tho claims mentioned In SID Article. WIZ
In twenty days after service OF an order
Of the Court requiring such payment, or y
an appeal be taken from any such order,
within twenty days after service OF VIII
ten notice Of nnal conf Tmatlon or such o.
der upon appeal
In The event that any purchaser after
demand made. shall refuse 70 pay any o.
tho above mentioned indebtedness or Ia.
bnities which under tho provisions OF
said Article XVII he - o. may b. re-
ouired 90 pay. tho person holding the claim
therefor. upon twenty days notice 70 sue.
purchaser may nls q petition Ia tho Couii
to have such claim enforced against TIE
property sold TO such purchaser. NJ &C.
cordance with tho usual prSctlce OF o.
Court In relation TO payments OF a afnIa
character and such purchaser shall have
the right 70 appear and make defense 20
any clam. debt or demand or TIE priorlr
thereof so sought 20 be enforced.
10. Article XVII OF said DEGREES proTio.'
that the Receiver shall, rot more than z
teen nor less than hvo days prior 20 N
date fred for tho sale under said cecree.
na with the Clerk OF the United siates
District Court for the Eastern Dlstrict OF
Missouri Eastern Division, an approximate
and advisory statement or statements Vic
property acquired BY him, the anov~' o.
moneys In his hands. ana with rc-e- Sns
20 certain Indebtedness. Liabilities. cfitnf
and demands OF the Receiver and Of rs
Railway Company.
II. Any purchaser OF the property DC
scribed in Article VII and In Article AIl
OF the said decrees and In tire descriptiy'
clauses hereof or OF any parcel Thereof
will have TIRE right 20 enter bis appearance
in said consolidated causes, and he or any
OF the parties 10 the constituent causes
wherein Commonwealth Stsel COMPANY ano
Guaranty Trust Company OF New York and
Benjamin r. Edwards, as Trustees, ~
conplsinan;s. respectively. viii have re
right 10 contest any claim, demand o.
len h. f~~o ~
and then undetermined. and any claim o
demand which thereafter may arise OF D.
presented which shall be PAYABLE % an
such purchaser. or which shall be cners-
able against the property sold to such pur
chaser.
I2. Anv purchaser Of tho property ds-
scribed in Article VII and IN Article XII
of said DEGREES and IN the deseriptiys
clauses hereof or OF any parcs! thereof
and whether or not he has exercised O.
used any rights thereunder, shall have tns
OF the deed or other instruments OF cen
veyancs or transfer by the unoersigaeo
Special Master Of the property purchased
By him. or within such additional peHoo
as said United states District Court 20
the Eastern District OF Missouri, Eastern
Division, may hereafter BY It's orcer OF oe
cree permit. 70 elect not 20 assume o.
adopt any lease or contract made ~ tn7
defendant Railway Company or BY the Re
ceiVer, which Is part OF the properly en-
braced In such deed or instruments OF cor
veyance OF transfer. Such election shs!i
bs made By instrument IN writing. signed
by the said purchaser and sfaN contain
general description Of the contracts
leases which he elects not TO assuns o.
adopt. and shall be filed with the SierA q
said Court within the aforesaid period. NC
user OF rights, prior TO tho expiration o.
said period shall be deemed 70 conclrde
the purchaser in respect OF such election
and upon the nling OF such election s&lo
purchaser shall be deemed not 70 have -
sumed or adopted the said contracts o
EASES or rights therein described nor 70 b
bound by the obligations Of said contracts
or lea ses: provided, however, that srch elsc-
tion shall not entitle the said purchaser -
any reduction IN the amount % the DC
made at said sale or In amounts 20 d
paid as IN said DEGREES provided.
IS Any purchaser OF the property oe
Scrioed in Article VII and IN Article XII
OF said DEGREES and In the descriptive
clauses hereof, or OF any parcel thereot,
shall have the right 20 elect not 70 taAs or
accept any part OF the property 80 sofa -
such purchaser, BY written notice OF his
election given to the undersigned specisi
Master at any time prior 10 me sxeeutloh
and delivery OF the deed or other instru-
raents OF conveyance or transfer ~ th9
Special Master. No such election BY pur-
chaser shall diminish or aneet the pul
chase price 20 be paid by such purchaser
IL Upon confirmation OF the sale OF AM
or ali OF said parcels and upon payment G.
the purchase price or such portion tnefeot
Disfriet Court FOR the Eastern District O.
Missouri, Eastern Division, be required 20
be paid in advance OF the delivery OF We
deed or other instruments OF eon,eyshee
and transfer. or upon the making by snF
purchaser OF such provision tor the pa
meut thereof as said Court shall approve
the undersigned special Master WI exc
proper instruments conveying asslgnihi
and transferring TO such purchaser. or nls
assigns, the property SOLO 20 snen pu
chaser sub feet, however,. 70 tbs PROVISIONS
OF Article XIV OF said DEGREES.
Upon the delivery OF such deed or deed
or other instruments OF convey ance or as.
rrantees therein named shall be let into
the possession OF the property 90 conNeyr-
or transferred. subject. a. 20 az ptops.
~ TIE Kansas and Colorado Pacinc Rail
way Company dated February lsOe. %
tho continued possession thereof ~ sac
Rscelver as receiver In The cause now pending
~ tbs limited States District Court To-
the Eastern District OF missouri, Eaa..
orn Division. FOR tie foreclosure OF sal1
mortgage n which The Eq15 slo- , Tsg.'
end tho said Receiver and any party
70 said consolidated causes who shali
bs IN possession OF any % SAID properly
said grantee or grantees subject 80 atore
said, and said GRANTEES or grantees snali'
after such delivery Of possession hold. pcs
sess and enjoy the properly 80 c9nEeye
and transferred, aud every part and parce
thereof. freq from the trust and Hen IN
posed thereon BY the said FIT, end X,
II
way Company. and free from all claims.
riehts. interest or equity 81 redemption 81
iu or 10 tho asms By or Of the defendant
siSnr ana nv or OF the creditors and stocs
holders OF tho defendant Railway con-
many and By or Of all persons. claimin-
by under or through ths esfend a., IA, hli,-
holders and BY or OF al parties 20 tnS COT
rtltuent causes IN which Commop~ealth
steel Company and Guaranty Trust Cor,
panv OF New York and BENJAMIN 2 70
e,rds. 20 trustees ars complainants. snd
nv or OF All persons claiming under then
or any Of them, except tho holders OF the
liens and obligations described N Artieiss
a. but only IN 50 far az said Hens srd
obligations affect said property. or anN
norflon thereof Upon the delivery Of tn
deed or deeds By the Special Master as afors
sid tho purchaser shall b. entitled % have,
enjoy and receive all revenues and compenss-
tion for services rendered 10 any parties o.
pefsona by tho Receiver IN the operation of
Inc premises conveyed 20 such purchaser
subsequent 10 ths date o. sale, as well e.
ary and all material, supplies ana othei
property acquired by tho Receiver during SAID
period In the opera ton OF the premises con
veyed 20 such purchaser, subject, however. -
the continued possession b. said Receiver or
10 tho FIRST Refunding Mortgage Of The
Kansas and Colorado Pacific Railway Com
pany and % the further determination ~
said Court Of the amount OF such revenues
and compensation properly attributable n
said last named mortgsSs; and the right 20
make such further determination Is reserved
b. said DEGREES.
IS By said DEGREES ell questions, isruss,
matters sud things not thereby disposed
Of including the discharge 81 tho Receiver
and the statement and settlement OF hf7
accounts are reserved By said Court fcf
its future adjudication.
For further particulars, reference IL
hereby made 70 said Special Masters rsporie
and said final DEGREES IN said consoll1ste9
cause. aud IN ths constituent, cauaes on
his IN tho onacos OF the clerks % the Unit
ed states District Courts for the Eastern
District OF Missouri. Eastern Division, and
for the Southern Dietrict Of New York
Dated, January 9Th, 1911
JOSEPH E. pOBFSs,