New-York tribune., 1917-05-04
MASTERS SALE

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shall be admitted by the parties in inter.s,
! or adjudged by said court 10 be prior !,
lien or superior in equity 10 both the Firm
and Refunding Mortgage ana the Gsns,.i
] embraced iu the lroui0n Mortgage a.
separate parcel. 20 the lrolton Mortgass.
TO the extent that they have not tssr ~
7 Or shall not have been paid out of uoss,.
: IN possession n the receivers. Any surnlr.
. of said moneys remaining after tho osyusen.
1 OF tne claims mentioned IN Tho foresoinr
subdivisions (s) and tbj snail be cad h,
/ The receivers 20 the purchaser of 'hc 49,,
? Of property provided FOR in clause " !,
Paragraph Flfih hereof 70 his success,,.
Z or assigns. or on the order thereof.
In case the property by said Final Dee,..
. directed 10 b. sold shall be sold 10 paresIs
no purchaser Of any part OF the proserf,
J. embraced ln The lront0n Mortgage shall -
required 10 make payment - any inde5fsS
, ness or liability contracted or incurred b. ~.
Railway Company unless such claim sh.I
I be adjudgcd b. sal0 Court 10 be prior 4,
/ lien or superior ir equity 90 tho lronso,
{ Ntrtgage. tho First and Eef3ni.ng Morfs.z.
AMI tne General Mortgage and each oi ,hsn
I and the purC haser Of The property descr,t..
+ ln subdivision fCj II clause ~ ~ Parszrs,t
Fifth hereof or Of the property described (.
clause ~ or Paragraph fifth hereof shall NJ.
be required 20 make payment o. any ir
aobtedneas or IarlIfy contracted Or iicyrr.s
bv the RaHwar Company unless such eia,,
shall be sdJuased oy said court 10 - pris,
. Iu Uou or superior tu equity 90 both Ia
/
eral Mortgag' AMI rs among aid rospectig.
/ par.c,s said Court VII apDor,lOu f1e 4.
debfed0oss or Liabilities 20 which they n4r
respectively be subject. and charge sgain,.
/ the proceeds of sale of rle respective psrss.
their uron"r propo~t.oa Of such .7teitslnss,
o. Liabilities.
Tie parties 10 receive and uay. srs a.
amounts 70 he paid and e~eived. under a.
Article Nlafh. unless agreed upon by b,
psrffos In Interest shall bc fixed .nI sfisa.
serves ihe right and retains the power snt
jurisdiction 30 20 DO. ans the right poasr
and flrisdiciicT 20 take t4rk and resell aay
prorerty that shall be sold under faid Fssi
. rorroo IN case the pur hascr or Dgrchss.-,
or HE or their SUCCESSOR o~ assigns san
fail 10 pay anv ~ tno claims lent oned II
said Article Nin'h WHOM ,y said Court 70.
. oulrel and in case o. failure 20 pav a,y
other rart q the purchase price OF thc nroc
er-r solI under sad Final Decree. wiih'a
twenty days after service ~ IN order % sa8
Cour, requiring such payment. or Il an ar.
pooI 30 taken from any such order within
twenty days after service of written notle.
OF aual continuation o. such order uyos
appeal
In the event that anv purchaser o. m,
ssccossors or assigns. after demand made
shall refuse % pav any q the above nan.
toned .ndchtelress or Liabilities which unds-
tho provisions Of said Article Ninth 10 IL
or nav be required 20 gay. the person hoit.
ing the claim therefor. upon twenty dsv.
notice
assigns. may ile a petition ia said Cour
TO have such claim enforced against tbs
Dropcrtv sold 20 such purchaser. IN accord
ance with the usual practice o. said Court
IN relation 20 payments of a similar char
acfer. and sIch purchaser. bis succegsors a.
assigns. shall have the right ~ appear srd
make defense 20 any calm, del' Or demand
or the priority thereof SO sought 10 BE- m.
forced. and shall have the right 10 appsa
from any Judgment. decree or order mass
thereon.
Eleventh. Article Tenth of sald Final D..
cree provides hat the receivers shall. not
more than twenty nor less than ten dzys
prior 70 the date fixed Tor The sale under saie
Final Decree. file with the Clerk Of ssM
Cour. an advisory statement Or statements
with reference % iniebtedness. obligations
liabilities. contracts leases' claims and de-
Twelfth. Any purchaser OF any OF n.
nroperty sold io'her than purchaser o.
-bo property described IN subdivision 10 ~
clause / Of Paragraph Fifth hereof or q ths
property described in subdivision tbl o.
clause III Of said Paragraph FIN. as a ssps-
rate parcel, his successors and asslgnA
shall have the rigkt 10 enter his or their
. apDearauce in said Consolidated Cause. AMI
. IN the several constituent causes. and he o.
th-y or any OF the parties 70 said Consol
qated Cause or TO any constituent cause shAl
have the right 20 contest any claim, demand
or allowance existing a. the time Of the sale
and then undetermined and any claim or ts
ndnl which thereafter may arise or be pre-
SeuteG. when snail De Idy1iie bF any t1cf
purchaser. his successors or assigns, or which
Shall be chargeable against the property sod
800 such purchaser IN addition 20 The amor
I'd AZ the sale. and he o. they may appa
from any decialOn relating 10 any such ClLn,
. demand or allowance.
Thirteenth. Any purchase. his SUCCESSOR
or assigns. shall have the right 20 elect not .
take or accept any part of the property sold
TO such purchaser. by written notice Of sucn
election tO the Special Master given az an
time prior ~ the execution ana delivery ot
the deeds or other instruments OF conVe, e
auce from the special Master no sucn etcs-
lion 10y purchaser. bis successors or as
signs shall diminish affect the purchass
price 20 be paid oy such purchaser
Neither the fact u purchase nor the &C.
ceptauce OF ed or deeds by purchase.
OK his successors or assigns. nor any cpnin
or user Of rights by a purchaser. his suec--
sors Or assigns. Withiu the period ~ 80
year hereinafter mentioned shall be cor
struet as an election 70 accept any coniiar
agreement e. lease sold cs part OF the p,rp
erty ntered pursuant 20 said Final Dere
or embraced IN any deed or other instrunes,
Of COW eyance from the Special Master
The property purchased by such purchaser
but each purchaser. his successors or as
signs. shall he allowed period OF one yea
from the date Of taxing possession oi tns
property sod 20 him within which 10 sief
whether or not 10 assume. or 10 ADOPT .
part Of the property embraced In any SUB
deed or other instrument Of conveyance ss
lease, agreement or contract which may
included IN the property sold 10 him or whice
may constitute an incident or sppurtenaos
thereof. except the contract between the re-
ceiver- and Nsumee Ice and Storage Cor.
porauon authorized by The order eniefeQ
this Consolidated Cause April TO- 1917. and
The contract between the receivers aud me
CITY or Dayton authorized by the order en-
tered IN this Consolidated Cause Aprl y
1877. and such purchaser, his SUCCESSORS O.
assigns. shall he held not 10 have adopiee
or 10 have assumed any lease, agreement e
contract except said contract between ~
receivers ani Maumre Ice and storage So'
porduon, and said contract between the "
,slters and tine City OF Dayton IN fespeci
which he or they shall not have nlef W.T.
ten election 10 assume Or 30 10 adopt ~
same with the Clerk OF said Cour; Wt5n
said period OF one year. or within such adir
tiOnal period as said Court may hereafter
its order or decree permit.
Fourteenth. Upon the confirmation OF ~
sale and upon payment by any purchaser ,.
successors or assigns, or the purchase pIi.'
or such portion OF such purchase price a.
shall, pursuant 10 the provision nt az
Final Decree or other order of sai Coart
respect thereto. be required 10 be PAD lh -
vance OF the delivery OF the deeds or olhrf ~
. stTuments Of conveyance and transfer by ~
Special Master. or upon making such Nv
vision for the payment thereof as SAID to.i.
shall approve, the Special Master haAnt
the sale will execute decd or deeds or o,n.'
instruments couVeyfug. assigning ana uaDs
ferring 10 such purchaser. ms succeshos
. assign, tue property sold 20 Such haie ..te4
: subject. however. 10 Article Tweitth ot ~. -.
Final Decree. said deed or deeds or o.Ns.
Instruments Of conveyance or asslSnmeN
transfer shall run and Be delivered 70 -. -.
purchaser or al his election 20 hls asfsA
and upon the production thereof. or OF
certified copy OF copies thereof. the gfsh''.
{ o.. grantees therein named shall be iss
possession OK the property 80 ccnteyen =,
transferred and shall. after such deilfsIl :,
possession. hold. possess an1 enjoy the ~,
. crty so conveyed and transferred ana etes
pait and parcel thereof free from any 80
and lion Imposed thereon ly tne ifonp
Mortgage. and free from any trust am ~,
imposed thereon by the First and heiNhIli.s ~.
Mortgage and free from any tflst t-,. t4 -
imposed thereon b. tha General Aolts.sS.