New-York tribune., 1922-10-04
FORECLOSURE SALES

sales, and otherwise as may be directed
bidder shall not make good his bid.
% In the event any successful bidder
shall fail TO make good his bid as the
MIN or such sale, or afterwards. the Court
ma may ssaS oraer resae Of the property and
expenses thereof and for any deficiency
Of price realized thereon TO the extent OF
the payments thereto made by such bidder.
G) That in addition to the cash de-
posted upon any bid at the time of said
saie as ne ,hereinbefore required, which shall
Bsce De shsra as so part Of the purchase
by the purchaser or purchasers, upon the
confirmation Of such sale, and from time
. SUCH further portion of the purchase price
Of the property requisite to make ali pay
@ ments hereunder. except upon the bonds
ments for the property purchased. All
sums Of money received by the Special
Master upon any such sale shall be turned
for deposit in the registry ct the Court
80 The Court reserves the right to
sell the property purchased. upon the fall
. pre OF any purchaser to comply with the
terms terms Of sale. or with any orders Of The
Gays after the entry oe such order In
Bids for the property when sold here
ments In cash OF such sum or sums as the
Court may Y, deem sufficient TO meet:
the compensation Of the Special Master
appointed to make the sale.
(2) The payment OF all charges, COM
bursements Of Central Union trust Com
pany of New York, the complainants, ana
OF their Solicitors and Counsel and OF the
Reeeiver heretofore appointed and Of his
charges. allowances, compensation, ex-
penses and disbursements of the said par
ies ha rr. 70 said Ga cause and their Counsel. as
Cl The payment OF all taxes, asscss-
ments and other public charges which
time of sale prior TO the fIen of either OF
the mortgages herein foreclosed. principal
In the event OF the insufnciency of the
proceeds of sGle of tho property directed TO
be sold to pay n full the amounts herein
the purposes set forth In subdivision num-
bered "QD, 90. and go" last above. the
to require the payment Of such deficiency by
the purchaser under said sale. In the event
Of the failure or refusal OF any such pur-
chaser to pay such amount 90 required 70 K
be paid within thirty 800 days after the
entry Of the order requiring such payment.
or. in the event the purchaser falls in any
other respect to comply with the terms OF
his bid. the Court reserves the right to
take and resell the said property and ap-
lnent of the deficiency, rendering unto such
the surplus, sif any,
The purchaser or purchasers at the sale
may satisfy and make good the balancs Of
his bid above the sum or sums required to
be paid In cash, in whole or In part. by
to the Special Master bonds duly
certified. issued and outstanding under the
mortgage of the defendant Railway Com
peny, dated January 1st,. 1900. and bonds OF
led, issued and outstanding under its mort
gage dated October 1st 1902. and the cou-
Se bonds %heh asd
unless in negotiable form. payable to bearer
shall be duly endorsed and assigned IN
,eived by the Special Master at such value
o be determined by the Court upon tho
port Of the Special Master as would b
equivalent 10 the distrihutable amount thsS
he holders thereof would be entitled to re-
eiYe therefor from and out of the purchase
I'D were paid in cash.
The Special Master may, in his discretion,
iccept temporarily. instead OF the actual de-
livery to him OF said bonds and coupons, the
certificate of any bank or trust company
satisfactory to him that II holds said bonds
,nd coupons subject to the order of said
Special Master and will deliver them to him
position.
property that the purchaser. purchasers,
shall assume all pending uncompleted and
not fully executed contracts made by the
Receiver since his appointment. for the OPP
GRAFTON. maintenance and betternient of the
property In the hands OF the Receiver.
with he sS crR Of the Court s snd
with the Special Master two weeks prior
TO the time of sale. Said statement shall
sabie the principal Items Of indebtedness.
and liabilities contracted or in
,urred by him remaining unpaid under all
pending uncofnpleted and not fully executed
and a list of tho contracts to os
assumed by the purchaser. or purchasers.
N no wise constitutes a warranty and such
statement Will not constitute ground Tor re-
ease from any bid because of any omission
hsrc nyIN as- ont tt,ArSs No.
Upon confirmation OF sale and payment of
he purchase price by the purchaser, or pur-
shasers, and upon complisnce by the pur-
chaser, or purchasers, his or their as
signs. with tho terms of sale aad orders of
Court made and to be made in respect OF
he payments as in the decree provided, the
Special Master will make, execute and de-
iver to the purchaser. or purchasers. or 10
ais or their assigns. proper instrument, or
transfer OF the property sold. in which
instrument, or instruments, ths Receiver
under foreclosure heretofore appointed may
Join.
The purchaser or purchasers receiving such
instrument or instruments of conveyance as
signment or transfer from the Special Mas
ter. shall be invested with. and shall hold
of and enjoy the said property
conveyed. assigned or transferred thereby.
appertaining thereto, subject to the pro-
Visions OF this decree, as fully and conf
Cripple Creek District Railway Company and
the said Receiver now hold or enjoy, and
have heretofore held and ento5ed the same.
and the said purchaser purchasers shalt
have. and be entitled TO held the said
property SO sold. freed and discharged of
and from the lien OF each. and all of the
mortgages forecIosed in and by this decree
and of and from any and all iians arising
out of any orders os the Court. or action of
the Receiver herein, except as otherwise in
this decree specifically provided, and from
any and ali right, title, interest and claim
Of The Colorado Springs and Cripple Creek
District Railway Company, its Stockholders
creditors and Receiver. and Of any 9nd all
parties to this cause anu to eithsgfof the
causes consolidated herein, and OF any and
all persons claiming by, through or under
them or any OF them, except as hereinaboye
in this decree 70 the contrary provided.
The Special Master has tho power Co ad.
jonrn said sale. from time to time. to a
future day by oral announcement at the
time appointed for the sale. without preju.
dice TO the notice OF the sale, and without
the necessity OF publishing any further no.
tice. but the Special Master may, notwith-
standing, give such notice by publication or
otherwise. as ne shall think IT.
For other particulars reference is made 20
the said decree OF foreclosure and order cf
sale heretnaboYe referred to and Incorporated
herein by this reference.
IvoR o. wlNGREN,
Special Master. 7o3 symss Building, Denver,
Colorado. -