Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-09-06
LEGAL NOTICE,

| GEGNI Nv ISGs
~N~~~~>~~|>~~--SS~~-IIS~ ><~S~<S~~~~~~>~~~~~
| Cs) in township three (3) north. range
| ten 10) west, bounded follows: Be
| Wagner's land and sixteen and twenty-
/ eight one hundredths (16 2S-1O9) chains
! north hfty-one and ono quarter t51A) de-
grees east Of the west corner of survey
| number forty-seven 90 in said town
| ship and range: thence south ffty-oae
i and one quarter (51k) degrees west seven
/ 90 chains; thence north twenty (20) min
utes east seven and three one hundredths
! & 3-100) chains; thence north ffty 600
degrees. eight 80 minutes west eleven
and forty-siX one hundredths I'll 46-100)
chains to the line between land of said
| Wagner and Judah Bros: thence south
elghty-6ve $50 degrees east seven and
/ thirty one hundredths a sO-f0O) chains to
a stone; thence south thirty-seven (3T)
/ degrees. east eleven and stxty-thres one
/ hundredths III $4,000 chains to the place
, Of beginning, containing five and eighty
one hundredths g $4,000 acres.
/ Also Il franchise granted by the mayor
and council Of the city Of Nincennes in
/ the State of Indiana, authorizing and pro
vding for the construction of and opera
/ ton OF street railway system IN the city
also franchise granted by the board OF
commissioners OF Knox County, Indiana, to
locate and maintain tracks upon certain
public highways In said Knox County and
| TO operate street cars thereon.
/ Also plants. buildings, furniture. fixtures.
machinery. rolling stock, street cars and
/ other appliances and equipment situate IN
Knox County. in the State OF Indiana and
used In connection with said street rail-
way system and properties owned and
operated by said Nincennes Traction Com
pany in said city OF Nincennes and its vi
cinity.
And all other property. rights and fran
chises OF the Vincennes Traction Company
Z legal or equitable and all property the
title or possession Of which IS held by the
whether or not herein speciacaiiy de-
The above mentioned property and prem
ises will be sold IN parcel and as an
entirety and will be sold subject to a GER
: tain car trust agreement covering seven
street cars purchased by said receiver OF
the National Safety Car and Equipment
Company. on which there still remains due
+ the sum Of s25.7S5.50 and interest. which
Is secured by the title TO said cars until
( said amount is paid IN full.
The master viii receive 40 bids from
any one Offering to bid at said PALE Unless
such persons so Offering to bid shsn have
first deposited with the master II pledge
that he Will make good his BID Ia case OF
It's acceptance. the sum OF So. 900 n cash or
bank trust company IN either the city
OF New York, in the State of New York,
or St Louis in the State OF Missouri. or
Indianapolis or Nincennes in the State OF
+ Indiana.
The master will receive no bid for the
property directed to be sold By said de-
cree for less than the sum of 3160. 600. 90
and unless such sum or more shall be bid
the master win adjourn the sale and ap-
TO Instructions.
The deposit OF any unsuccessful bidder Will
be returned to him when the property IL
struck on The deposit of the successful
bidder will be applied upon the payment
of the purchase price OF thu property in
case such bidder complies with the terms
Of the sale and completes his purchase.
In case any bidder shall fail to make good
any bid upon acceptance BY the master.
ana confirmed by the court, or shall fail
to comply with any order OF the court
3 laung to the payment OF tho balance of
the purchase prizes. then the deposit shall
be forfeited liquidated damages and
shall be applied toward payment OF the
expense of resale and toward making
good any deficiency or loss in case the
property shall be sold a a less price upon
such resale or to such Other purposes as
the court shall direct, but II said sale
shall not be confirmed the deposit shall
be returned 10 the bidder The purchaser
shall pay in cash upon the confirmation
Of the sale and from time to time there
after such further portions on account OF
the purchase price as the court may d.
rect. The balance of the purchase price
not required to be paid In cash may either
be paid in cash or the purchaser may sat
isfy and make good the balance of his bid
In whole or In part by turning In at their
dlstrtbutive value to be cancelled or
credited any of the outstanding bonds or
coupons payable out of the proceeds of the
sale upon distribution thereof, namely, any
! bonds or coupons secured by either Of the
mortgages foreclosed by said decree to-
zens Street Railway Company dated Jan.
!, 1903. and assumed by the Vincennes
Traction Company, and the mortgage exc
Cuted by the Nincennes Traction and
Light Company dated May l, 1906. and as
sulned by the Vinoennes Traction Company.
The purchaser will be credited on ac-
count of the purchase price for bonds and
coupons so turned in with such sum
would be payable on such bonds and cou-
pons out Of the purchase price II the whole
amount OF the purchase price had been
paid in cash.
/ The purchaser shall, as a part Of the
consideration and purchase price of the
I shoe IL. IA WHA
amount of his bid. take the property sold
and receive a deed or deeds therefor upon
the express condition that he will pay,
satisfy and discharge all unpaid indebted
ness or obligations legally contracted or
incurred by tho receiver in the operation
or on account of the property sold at any
time prior to the discharge of such re-
cetver and the purchaser shall also take
the property subject to the performance
t Dy MN or MS successors or assigns OF All
pending contracts heretofore lawfully
made by the receiver with respect to the
property sold, including the contract for
new street cars purchased by the receiver
/ of the National Safety Car and Equip
ment Company OF St. Louis, Missouri,
under car trust agreement herelnabove
referred to.
1t is provided in said decree that the
purchaser shall not be personally liable to
pay the aforementioned Indebtedness and
liability OF the receiver, but the same are
enforcihle only against the property sold
which the court reserves ths right to re-
take and resell for that purpose. Pro-
vision IL made in said decree whereby the
purchaser has the right. in the manner
therein stated. to contest any indebtedness
or liability so payable by the purchaser.
Upon the payment OF the purchase price
bid by the purchaser or upon making such
provision therefor as the court shall ap-
prove, and upon confirmation of the SALE
the master will execute and deliver to the
purchaser or his assigns proper instru-
ment instruments of conveyance. as
signment and transfer of the property
sold under said decree, and upon the exc
cution and delivery of said instrument or
instruments the grantee grantees there
in shall be let into possession of the prop
erty conveyed. assigned and transferred
premises and property sold which may be
in his possession or under his control over
to the purchaser, his successors and
signs The said decree further provides
that all earnings and income derived by
said receiver from the operation or an &C
count of the property sold remaining in
the hands of the receiver at the date Of
the delivery of the property to the pur-
chaser, or that shall come into the hands
of such receiver prior to his discharge
shall be turned over to the purchaser on
demand, or at his election shall be re-
tanned by the receiver and applied by him
subject to the direction of the court 10
the payment of the Indebtedness and obi
cations of the receiver which the pur-
chaser Is required to pay in addition to
Uses the purchaser anc his successors ana
assigns shall hold possess and enjoy the
same and all rights. privileges, inrnunities
and franchises appertaining thereto as
fully and completely as the defendant the
Xinoannaa Traaffnn Cornpauv any Of