Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-23
LEGAL NOTICE.
.Continued.)

scribed real estate situate in Knox County,
! Indiana, towlt
Part of location one hundred and forty
four 144 and survey number forty eight
| (4S) In township three go north, range
! ten (l0) west, bounded follows: Be-
ginning at stake the east corner OF Chris
| Wagner's land and sixteen and twenty
| eight one hundredths G6 28-100) chains
north nfty-one and one quartz. (51A de-
grees east of the west corner of survey
| number forty-seyen (47) In said town
| ship and range; thence south Hfty-one
| and one quarter GID degrees west seven
/ % chains; thence north twenty (20) min
utes east seven and three one hundredths
! e 3-lO0) chains: thence north fifty 500
/ degrees eight 80 minutes west eleven
| and forty-six one hundredths III 46-1o0)
| chains to the line between land Of said
/ Wagner and Judah Bros; thence south
! eighty-fve (S5) degrees east seven and
! thirty one hundredths & $4,000 chains to
degrees east eleven and sixty-three one
hundredths III $4,000 chains to the place
one hundredths 6 $4,000 acres.
Also franchise granted by the mayor
and council Of the city Of Vincennes. in
! the State OF Indiana, authorizing and pro-
viding for the construction OF and opera
/ ton OF a street railway system In the city
| OF Vincennes, In the State Of Indiana, and
also a 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
I to operate street cars thereon.
]
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 Vincennes Traction Com
pany in said city of Vincennes and its vi
entity.
/ And all other property. rights and fran
chises of the Vincennes Traction Company
legal or equitable and ali property, the
/ title or possession OF which is held by the
/ receiver in the above entitled cause
whether or not herein specifically de-
scribed.
/ The above mentioned property and prem
ises will be sold in one 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
the sum Of $25735.5O and interest which
is secured by the title to said cars until
said amount Is raid In full
The master will receive no bids from
any one Offering to bid a said sale unless
such persons offering to bid shall have
first deposited with the master pledge
that he will make good his bid in case of
its acce ptance. the sum OF So. 600 in cash or
IN a certified check upon any national
( bank or trust company In either the city
, of New York. in the State OF New York,
or st. Louis In the state OF Missouri, or
Indiana polls or Nincennes in the state OF
Indiana
4 property directed to be sold by said de-
cree for less than the sum OF $50, 000. 90
and unless such sum OF more shall be bid
the master will adjourn the sale and sp-
ply to the court for further instructions
The deposit OF any unsuccessful bidder will
be returned to him when the property is
struck of. The deposit Of the successful
bidder will be applied upon the payment
Of the purchase price Of the property in
case such bidder complies win 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
and confirmed by the court or shall fail
al rr-sf y aar Of sna 49,
iating to the payment OF the balance OF
the purchase price. then the deposit shall
/ be forfeited 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 a less price upon
such resale. or to such other purposes
the court shall direct, but IL said sale
shall not be confirmed the deposit shall
be returned to the bidder. The purchaser
shall pay In cash upon the confirmation
I 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
distributive 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
{ mortgage foreclosed by said decree, to-
3
Gems 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. 1905. and
sumed by the Vincennes Traction Company.
The purchaser will be credited &C
count of the purchase price for bonds and
coupons turned in with such sum as
would be payable such bonds and cou-
pons out of the purchase price IL 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
property purchased and in addition to the
amount Of his bid. take the property sold
and receive deed or deeds therefor upon
the express condition that he will pay,
satisfy and discharge all unpaid indebted
I ness obligations legally contracted or
incurred by the receiver IN the operation
or on account of the property sold at any
time prior to the discharge of such re-
ceiver 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
new street cars purchased by the receiver
OF the National Safety Car and Equip
ment Company of St. Louis, Missouri,
under a trust agreement hereinabove
referred to.
It is provided In said decree that the
purchaser shall not be personally liable to
pay tho aforementioned indebtedness and
liability of the receiver. but the same are
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 payable by the purchaser.
Upon the payment of the purchase price
bid by the purchaser, or upon making such
provision therefor 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 or instruments OF conveyance
Segment and transfer OF the property
sold under said decree and upon the exc
cutton and delivery of said instrument or
instruments the grantee OF 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 or under his control over
to the purchaser, his successors and as
signs. The said decree further provides
that all earnings and income derived by
said receiver from the operation or an
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
tanned by the receiver and applied by him
subject 10 the direction OF the court, to
the payment OF the indebtedness and obli-
cations Of the receiver which the pur-
chaser is required to pay in addition to
his bid. After such delivery of the prem
ises the purchaser and his successors anu