Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-31
LEGAL NOTICE.
Continued

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the purchase price. then the deposit shall
be forfeited as liQuidated damages and
shall be applied toward payment of the
expense of a resale and toward making
good any deficiency or loss IN case the
property shall be sold a less price upon
such resale, or 10 such other purposes S
the court shall direct but If said sale
shall not be confirmed the deposit shall
be returned to 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 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
distributive value to be cancelled
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-
wit: The mortgage of the Vincennes Ciu-
zens Street Railway Company dated Jan.
l, 1908, and assumed by the Nincennes
Traction Company, and the mortgage exc
cuted b. the Vincennes Traction and
Light Company dated May 1, 1906, and s.
sumed by the Vincennes Traction Company.
The purchaser will be credited &C
count Of the purchase price for bonds and
coupons so turned in with such sum as
would be payable on such bonds and cou-
pons out Of the purchase price II the whole
amount Of the purchase price had been
The purchaser shall. as a part Of the
consideration and purchase price of the
property purchased and In addition to the
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 the receiver in the operation
or account Of the property sold at any
time prior TO the discharge Of such re-
ceiveT and the purchaser shall also take
the property subject to the performance
by HIM. or his successors or assigns OF all
pending contracts heretofore lawfully
made by the receiver with respect to the
property sold, including the contract for
street cars purchased by the receiver
ment Company Of St. Louis. Missouri.
under q car trust agreement hereinabove
referred TO.
1t is provided in said decree that the
purchaser shall not be personally liable 10
pay the before mentioned indebtedness and
liability OF the receiver, but the same are
( enforcible only against the property sold,
which the court reserves the right to re-
( take and resell for that purpose. Pro-
vision IS 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 tAe 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 a proper instru-
ment instruments Of conveyance.
stgnment and transfer OF the property
sold under said decree, and upon the exc
cution and delivery of said instrument or
instruments the grantee or grantees there
In shall be let into possession of the prop
erty conveyed assigned and transferred
and the receiver shall deliver all the
premises and property sold which may be
In his possession under his control over
to the purchaser. his successors and
stgns. The said decree further provides
that all earnings and income derived by
said receiver from the operation or an &C
- coll NW4fr II
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. at his election shall be re-
tanned by the receiver and applied by him,
subject TO the direction of the court, to
the payment Of the Indebtedness and obi
cations OF the receiver which the pur-
hts bid. After such delivery of the prem
ises the purchaser and his successors ana
assigns 1 tall hold. possess and enjoy the
same and all rights, privileges. immunities
and franchises appertainipg thereto as
fully and completely as the defendant the
Nincennes Traction Company, or any OF
its predecessors or the receiver at any time
heretofore have held or now hold, pos
sessed or enjoyed the same. And the pur-
chaser and his assigns shall thereupon be
entitled to have and to hold the premises
membranes of each of the said mort
cages thereof foreclosed in said suit and
from each q ID all the liens ana claims OF
all Of the psrties to the suit aforesaid and
those claiming under them save only as
TO such liens claims subject to which
such sale is made and are expressly re-
served in said decree.
The sale will be made free from any APP
praisal, right OF redemption or extension.
For a more specific description OF the
premises to be sold, the liens and obHga-
ton to be assumed by the purchaser, and
of the terms and conditions of such sale'
reference Is hereby made to the above
mentioned decree.
CHARLES MARTINDALE.
Master in Chancery.