New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-11-29
Real Personal Property

4............ aocO $500 co ZOO
5........... i iSsS HsS iSSS az
to dnci 1909 1900 eco 500
5 and e.. eo.ocb 2soeo e2 500
T............ WV Wv"
\ single deposit ~ one hundred nifty thou
sanf dollars 1Sl5o.1cO in cash or ceftlhe9
check as aforesaid or two hundred thousahh
dollars Sro, 0ooi, principal amount OF pohd'
a. Aforesaid shall qualify the depositor %
bid upon any and all o. che aforesaid par
GELS OF property.
T. The certificate Of agy trust COMPANY n
the City OF New YORK That 30 holds bonds
and appurtcnsEt coupons a. therein ~.
scribcd subject 20 the order Of q party
named and Transferred % the Special Msstel
may be received by HIN aud acceptel ].
lieu ~ bones a. a deposit a. the time n
sale and on account % the pay nent OF IN"
purchase price bid with Ike force and enect
/ though the bonds therein named had Teen
delivered TO him.
s. OF the price Tor which said respective
properties and premises shall he sold, there
stail be- paid "a. the time OF sale the do-
poslt or deposits in cash or bonds herein-
before required which shall be- received a.
a part of the purchase price. ard also At
the same time. ara from tine 90 time mere
after. such portions ~ sail purchase price
OF said respective properties shan Dc iaIn
IN cash the court may direct.
6 Tho RICH, is reserved hy the court 20
resell said premises and property az any
parcel thereof upon tie failure ~ any put-
.
twenty days 20 comply win any order "i
the court requiring payment and All sums
deposited 10y such purchaser, whether IN 'ash
. or bv check or represented by bonds secured
hy said Purchase Money Mortgage, snail Re-
forfeited a. a penalty for such failure ana
shall be applied 20 the payment 81 the "a,
pcnses 81 resale ana towards making sooI
B any deficiency or loss IN case HAth pi"tfltL
shall te sold AZ less price on any su'n
resale and FOR any other purposes As the
court may direct.
Z. II the court does no, confirm the sale
the deposits made by tho accepted bidder or
bidders will be forthwith returned
= Any deposit OF cash or bonds made by
any unsuccessful bidder VII BE- returned 90
him by the Special Master upon aofsptance
by said Special Master OF a bid Tor the
parcel or parcels With respect 20 which such
deposit Was made.
Q. on confirmation Of tho sale by the court
the balance OF the purchase price OF am
parcel or parcels not .equired 90 Re paid h
cash may be- paid In FASH or the purchase
may satisfy and make goli the balance Or
his It'd In whole Or in part by turning over
TO tho Special Master 10 D. Cancelled or
credited. bonds Issued under and secured ~
said Purchase Money Mortgage, Win coupons
maturing February D, 1915, aud All subst-
qusnt coupons attached.
TO- The purchase shall be credited on ac-
count Of the purchase price. for bonds issued
under ana secured by said Purchase Mon'y
Mortgage and appurtenaut coupons tufn'd
over Ia part payment OF the purchase pric',
unon such bonds ana coupons out OF tho pro-
cecds Of sale n the whole amount OF tn'
purchase price had been paid In cash.
II. The purchaser 81 any parcel or parcels.
as part OF the consideration for the parcel
OF parcels acquired ana a. part ~ the puf-
chase price thereof and IA addition 20 th"
same bid Ly him. shall 10 the extent 81 nc
property acquired pay. sat-f. ana aih
charge. subject 20 alteration b. the court -
iu said decree provided, with respect 10 inc
parcel or parcels acquired. any unpaid ~
r HU.H q NHsH
management and operation u the mortgag'H
property by Theodore g. Keller al Resolve
OF the Coal Properties ~ the defendant kau
road Company. or his predecessors iu on'',
which shall not b. paii out Of the income
and earnings OF the mortgaged property or
out of the proceeds OF sale. a. herein ~
rs,'el, and such purchaser shall also pa,
satisfy and d.scharsc 10 the extent anI
subject Aforesaid, any aud AT claims o.
demands which the court snail hnsHy deter
mine and alludge - - prior - the ien OF
aid Purchase Money Mortgage, which Ike
wise shall NOT be- paid out ~ the incom"
and earnings Of the moTtgaSei properly Or
out Of the proceeds OF sale.
T. Such purchaser or purchasers or 1T or
their approved assigns shall have toe right
10 elect within slN months AFTER the COZ
firtnatlon OF the a-lle whether or not 70
assume ana adopt or cisai1rn any contract
Or agreement made Or assumed ~ tn d,
fondant Railroad Company on o. PRIOR 90
May q, 1913, Bon respect 10 tho properties
sold
their approved assigns shall likewise tas'
the property purchased upon the further cN-
press condition that such purchaser Or Pur'
Chasers or his or their approved asslgnn
shan assume AMI be bound Is all contract
and leases mala ~ the receivers With IN
authority 81 the court. the court reseryinE
full Jurisdiction 10 allocate such contract
and leases 20 particular parcels.
T. said decree further provides that UPON
confirmation 81 the sales thereby ordered AMI
payment Of the purchase prize ~ me pYt-
execute ami deliver 10 the purchaser Or pJI-
chasers Of the personal property thcrein ~.
rected 10 be sold proper dec or deeds, bilI
or bills OF sale or other Instruments - trans
fer OF the personal property - sold, AMI
20 the purchaser o. plrcha,ers OF such %
said property as h subject 10 resumption.
a certificate reciting that the purchaser ~
purchasers will BE- entitled 20 receive
masters deed OF deeds 10 the property ~
purchased az the expiration OF the statutory
period 81 redemption allowed by the laws OF
The state Of Illinois or the Stste Of Indiana.
as the case may he. In the absence 81 aDy
redemption. and IN that event the Special
Master, shall execute and deliver pToper a..
smments. deeds. or other instruments OF
conveyance and transfer thereof 10 the pup
chaser or purchasers ~ salt property or
propertie les The Defendant Railroad Com
pany shalt Al the time ~ the execution ~
said Special Master Of said deed o. decd
b.h or billS o. sale or other instrument o.
instruments % conveyance and transfer, 49,
a further ASSURANCE to the purchaser or pur-
chaseFs. execute its deed Or deeds. bih o.
bills OF sale or instrument or insuumeuta
OF conveyance and transfer. OF t0in With said
Special Master IN the execution thereof, AMI
shau thereby convey and release 10 toe pur
chaser or purchasers. or his ~ theif sue
cessors or assigns. all IT. right. title snd
interest Ia and 60 the property assigned
conveyed and transferred by said special
Master. The complainant. Central Trust
Company Of New York. as Trustee undei
said Purchase Money Mortgage dated feb-
ruary 4 1872 hereby foreclosed. shall like
wlse convey and release 20 said purchaser
OF purchasers. or his or their successorS o.
assigns all the righf title and interest
ACQUIRED by said Central Trust Company IN
snd ~ the property conveyed and ressafcd
~ s..id Central Trust Company BY ssid
Purchase Money Mortgage dated February J.
1912 said Theodore q. Keller az keceiNei
sufficient deed or deeds or other instrument
OF instruments % conveyance ant transfer
assigning. transferring and conveying 60
such purchaser or purchases and his or
their successors or assigns all HIS night.
title and interest as such Receiver Of. m
and to any property vested or standing In
his name or which he OF hi- predecessors
have acquired during the pendency OF said
salt and which shall have been sold pur-
suant 20. said decree
Is BY said decree said court reserves for
further adjudication all Questions not there
by disposed Of
For further particulars. reference "a hereby
made 20 said decree as amended and 20 The
reports AMI statements filed and 20 be FLEA
~ said Receiver In pursuance ~ the pro
visions ~ sald decree and 20 the proceed
ings In said cause "n NE Ia the oface OF
the Clerk of the Court
Dated, Chicago, Illinois. November 10 1917.
HERBERT A., LuNpAHI.