The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1921-01-14

ier's check Of any bank or trust COM
pany acceptable to said Special Mas
ter and payable to his order Any de-
post so received from an unsuccess-
full bidder will be returned to him
when the property shall be struck
down. The deposit received from the
: successful bidder or bidders will be
applied on account of the purchase
price of the property.
Nv. In case any bidder, upon the
acceptance of his bid by the Special
Master, shall fail to make good the
balance of his bid in the manner and
upon the terms described and defined
, in said decree, or shall fail to COM
ply with any order of the United
States District Court for the Eastern
Division Of the Eastern Judicial Dis
. trict of Missouri requiring or relating
to the payment of the balance of the
purchase price, then the money depos-
tied by said bidder as aforesaid will
be forfeited as a penalty for such
failure and will be applied to the pay
ment of the expenses Of resale and
, toward making good any deficiency or
loss in case the property shall be sold
! at less price on such resale and to
such other or further purposes as
said court may direct. If said. court
shall not confirm any sale the deposit
made by the accepted bidder at such
! sale will be forthwith returned to such
bidder.
v. Neither any purchaser nor the
successors or assigns Of any purchas-
er shall be required to see to the APP
plication of the purchase money.
II W. Upon the acceptance Of any
, bid and the confirmation of the selc,
Q the purchaser or purchasers. his or
| their successors or assigns, shall
! forthwith pay the balance of the pur-
/ chase price in cash, or the purchaser
may pay so much thereof in cash as
/; may be necessary to pay the ex-
. lpenses Of this proceeding. the expens-
es of sale, and the allowances to par
: ties, attorneys, officers, and other
: persons to whom allowances may be
0 made, and may satisfy or make good
: the balance of his bid, in whole or in
t lpart, by turning in to be paid and
2 cancelled, or to have payment on ac-
: count credited thereon, first refunding
mortgage gold bonds of defendant of
d the issue secured by said mortgage
8 and the unpaid past due coupons ap-
e pertaining thereto entitled to share in
r the distribution of the proceeds of
= sale, and such purchaser shall be
: credited therefor on account of the
0 purchase price with such sums as
e would be payable in cash on such
/ bonds and coupons to the holders
It thereof out of the proceeds of sale if
e the whole amount of the purchase
l. price were paid in cash. The amount
1t of such credit to which each of said
e bonds and coupons will be entitled in
e the event the same are turned in on &C
2, count of the purchase price will be
l. computed and determined by the court
r at the time of the con Trmation of the
e sale.
}, VII. Upon confirmation of the sale
and upon payment by any purchaser
Il or his assigns of the purchase price
l. the Special Master will execute deed
d or deeds or other proper instruments
e conveying, assigning and transferring
& to such purchaser or his assigns, tbs
3, property sold to such purchaser, sub
r ject, however, to the provisions of sale
If decree and upon the production Of sale
% deed or other instrument or certified
# copy thereof, the grantee or grantees
s. therein named shall be let into the pos
session of the property so conveyed OIL
al transferred and shall after such deliv
E. cry of possession hold and possess thu
10 property SO conveyed and transferred
"a and every part and parcel thereof, free
y, and clear of all and every trust and il
). fee simple, subject to the lien of GER
N tain first mortgage dated Mcy /, 1905
3, whereby the Mine La Motto Lead &
ID Smelling Company, defendants prede
4 cessor in title, executed and delivered
TX to the Capital Savings & Trust Com
e pany and John w. Donaldson, .Trus
IS tees, certain mortgage recorded il
ID the Recorders Office of Madison
a. County, Missouri, in book 81, page 1914
A. and in the Recorders Office of st
t. Francois County, Missouri, in book SO
" pages 285 to 308, to secure the pay
IN ment Of the principal and interest o.
y certain bonds dated May /, 1905, o;
lc which issue bonds to the amount O
e. $3.50, 100000 are still outstanding, an;
subject also TO the lien Of certain
" second mortgage dated the 1st day C
n, August, 1909, whereby the said Min
Al Via Motta Inad q Smelling Co1nnaav