New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-02
MASTERS SALE

division 90 Of clause III Of Paragraph
FIN hereof, the sum Of $4,000;
Co For the property described IN sur
division (c) OF clause III Of PEsgraph
Fifth hereof the sum OF fi,isO, o0y.
". For the property described in clause
" OF Paragraph Fifth hereof, the sum OF
So 100000:
Eighth In cas-. any bidder. after the ac-
cepiancs OF his bid by the Special Master
shall fail to comply within the period %
twenty days after the entry thereof wit1
any order OF said Court requiring or relst-
ing 10 the payment OF the balance OF tne
purchase price. then tho moneys or oonds
md coupons deposited by such sccepts1
bidder rs hereinbefore provided VIII %
forfeited as penalty for such failure ana
will be applied 30 the payment OK inc eA
penses OF resale and toward making
good any denciency or loss In case Tue
property shall be sold 81 less price on
such resale, and 10 such other purposes as
said court may direct.
II said court shall not confirm any taIe
tho deposit msoe by the accepted olnoer
at such sale Will 10 fofthwlth returned 4"
such bidder.
Ninth The purchaser upon confirmation OF
the sale shall make such further payheu.
purchase price as said Court may RON
time 10 time direct. So much OF the puT-
ch1se price as may not be required ~
said court 70 be paid In cash may eitner
-
sstisfY and make good the residue or ms
bid IN whole or IN part ~ turning over 70
the Special Master % lie cancelled Or cren-
tied - hereinafter provided, ooros sh"
coupons entitled 20 be PAID ouf cr IN
proceeds Of sale on distribution thereon a.
Ia ssid Final Decree set forth SAL
bonds and coupons shall b. in bearer forln
or accompanied by proper transfers TO the
In lieu OF such bonds and coupons. thu
Special Master may accept from the pur-
chaser tho certificate OF any national BANK or
trust company in the city OF New YORK or 10
the city Of Cincinnati, acceptable 10 the
Special Master. that II holds subject 20 MS
order bonds TO the amount therein speclhed'
and. Il IN coupon form, accompanies ~
the coupons therein stated.
The purchaser shall be credited on account
OF the purchase price or the property oy him
purchased for all bonds and coupons turner
over. or specified In q certificate delivered as
hereinbefore provided, In part pay ment OF
the purchase price. With such sums a. would
be paid IN respect 20 such bonds and con-
pons out Of the proceeds Of the sale II the
whole amount Of the purchase price were
paid In cash Said Court reserves the right
10 resell upon such notice as said Court may
direct. the property sold 10 any purchaser.
in case such purchaser shall fail or omit 10
make any payment on account OF th- IN IN
paid balance Of the purchase price within
twent" days after the entry OF an order re-
curing such payment.
A purchaser shall not he required 70 pay
the shares dlstributsble in cash out Of the
proceeds OF sale upon Ironton Bonds or COZ
pons appurtenant thereto. or upon First ah9
Refunding Bonds or coupons sppuTtenant
thereto, or upon General Bonds or cou-
pons appurtenant thereto. Until ten days
after said Court shall. on Application OF or
on behalf Of the holder OF any OF said honos
or coupons, enter it's order or decree direct
ing payment In accordance with such order
Of the cash distTibutive share OF the processes
OF any sale 10 which the bonds ana coupons
or any Of them In respect OF Whlch tneiE
holder shall make application as aforesaid.
shall be entitled. Until a purchaser. his sue
cessors or assigns, shall have paid IN casn
the distributiVe shares In the proceeds o.
sale 70 which any such bonds or COW
pons not Used In part payment % the pbr-
chase price shall be entitled. either 10 the
Special Master or into Court or In accord
snce with some order OF said Court. SAID
Court reserves 4 paramount lien ana charge
upon the property sold 10 such purchaser and
every part and parcel thereof for the pay
ment in cash OF any unpaid par; or portion
Of the purchase price. and In case the PUT
chaser, his successors or assigns, snall make
default Tor a period 81 twenty days IN COM
plying with the directions Of any order Tor
such payment made b. said Court upon the
application OF the owner OF any such bonds
or coupons then said Court may retake ana
resell the property sold 10 the purchaser S VINO,
or whose successors or assigns, shall so nave
made default, and at his or their cost ana
risk.
Tenth As provided in Article Ninth Of said
Final Decree the purchaser OF any Of said
property shall take the same subject TO any
and all taxes and assessments which shal
be a lien upon any OF the property pUr,
chased; and the purchaser OF any OF sald
property Cother than the property described
in subdivision tb) Of clause ii OF paragraph
Fifth hereof. or Of the property described IN
subdivision tb) Of clause III OF Paragraph
Fifth hereof. or Of the property described In
cessors and assigns. shall. as part OF the
consideration for the property purchaser ana
IN addition 10 the sums bid by him ana else
where IN said Final Decree. or In any other
order or decree which may hereafter be made
in said Consolidated Cause. required 10 %
paid by him. take such property ana receive
the deeds or other instruments OF conveyance
and transfer thereof. upon the express con-
dtlon that he. or his successors and assigns
shall pay. satisfy and discharge;
(a Any unpaid compensation that has
been or shall be allowed TO the Special
Master heretofore appointed In said Con-
solidated Cause. or in any OF the consult
uent causes. any unpaid compensation that
has been or shall be allowed 10 the re-
ceivers In said Consolidated Cause or their
solicitors. and also any unpaid Indebted.
ness and liabilities OF the receivers incurred
in said Consolidated Cause. or In any or
the constituent causes. IN the management
or operation OF the property purchased. and
otherwise in the discharge OF their duties
as such receivers 20 the date OF the delivery
erty sold;
(b) ANY unpaid claims OF creditors OF
the Railway Company which have been or
shall be admitted bv the parties In interest
or adjudged by said Court 10 be prior IN
lien superior In equity 10 both the FIRST
and Refundlng Mortgage and the General
Mortgage and, in the case OF purchaser
embraced in the lronton Mortgage as
separate parcel, TO the ironton Mortgage;
to the extent that they have not been paid
or shall not have been paid out of moneys
in possession Of the receivers. Any surplus
OF said moneys remaining after the payment
OF the claims mentioned In the foregoing
subdivisions (a) and 10 shall be paid by
the receivers 10 the purchaser OF the parcel
OF property provided for in clause " OF
or assigns, or on the order thereof.
In case the property by said Final Decree
directed TO be sold shall be sold IN parcels.
no purchaser OF any part OF the property
embraced in the Ironton Mortgage shall be
required 10 make payment OF any indebted
ness or liability contracted or incurred by the
Railway Company unless such claim shall
be adjudged by said Court TO be prior In
lien or superior IN equity TO the lronton
Mortgage. the First and Refunding Mortgage
and the General Mortgage. and each of them.
and the purchaser Of the property described
In subdivision (cl OF clause II OF Paragraph
clause " or Paragraph Fifth hereof shall not
be required 10 make payment o. any in
debtedness or liability contracted or incurred
by the Raiws~ Company unless such claim
shall be adjudged by said Court TO be prior
in lien or superior IN equity To both the
First and Refundng Mortgage and the Gen
eral Mortgag. and az among said respective
parcels said Court will apportion the in
debtedness or liabilities to which they may
respectively be subject, and charge against
the proceeds OF sale Of the respective parcels
their proper proportion OF such Indebtedness
or liabilities
The parties to receive and nay. and the
amounts 10 be paid and eceived. under said
Article Ninth, unless agreed upon by the
parties in interest. shall be fixed ind adjudi-
Gated By said Court. and said Court re-
serves the right and retains the power and
Jurisdiction so TO 90. and the right. power