Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-08

any or all of said properly and - -,
to every part and pareeI ,S anu IN ana
suct aI as may be and subject on,v ~
ou uen Claims as shall have nrio.,t ~ :,
ferries me ne mortgage hereinbefore re-.
before mentioned o 'd aec provisions of the
barred and foreclosed bv s pe forever
aforees sac shall be Of ali the pronertv
biS tSa I'm IN one parcel ana the lowest
ted to ACCENT ACCENT Master will be permit
HtiuU!NIDRED TEoUsANpSa SAFE fs is T oNa1
/ LII otherwise than which cgo, S,'s.
s sale snal! be without valuation sn an
cent as rifnt OF stay or exemption. ex-
cree oeherWise provided in said de-
The Special Master may adjourn RI.
S Saie from time to time to fntu ure
time Ana pe nf orally announced at the
upon the consent Of the So oT Inc sale ale
INC INC Trustee: or with the Approval Of
| ftventv En- LOT period not exceeding
| ths lz0( days time with or without
| tice sity OF publishing further no.
! sai 10 person shall be entitled to bid at
with s ,h unless he shall first deposit
I t Wn.H the Special Master as a pledge
cepted' IN ~ ~, mi make good his bid. if ac-
o o on. some national bank or trust
SSoiupany satisfactory to the Specia i
| "aSier and made or endorsed navahIa
s 50 Ms ORDER the sum of TEN THOU
20 $lo.000.00) DOLLARS or. in
lleu thereof. the outstanding bonds Sc
cured oy the aforesaid mortgage inden-
Surs OF the face value of FIFTY THOU
S "a tS50.00000) DOLLARS with
b n coupons attached. Such deposit may
ne ne - Partly IN cash or certified check, and
party IN bonds. but in the same pro
! portion. In the event that any sale
nro auIourned. without striking the
Tered, the Special Master will return
him. Np0'i'eu VII"
Any deposit so received from an
unsuccessful bidder shall be returned
10 him after the property shall be
struck on: that received from the sue
cessfulebidder shall be applied on ac
count OF the purchase price of the
| In case any bidder upon the accep-
lance of his bid by the Special Master
and confirmation by the Court, shall fail
10 comply within a period of ten DAYS
after the delivery thereof with any or
| der of Court requiring or relating to
the payment of the balance of the pur-
chase price. then the money or bonds
deposited by such accepted bidder as
herelnoefore specified shall be forfeit
ed as penalty for such failure and
snail be applied to the expense of the
resale and to making good any deficien-
| cy In case the property shall be sold
| Ior a less price on such resale. and for
| Such other purposes as the Court may
any sale. the. deposit made by the ac-
| cepted bidder at such sale shall forth
with be returned to said bidder.
| The property directed to be sold by
| TINS Decree shall be sold subject to any
valid and subsisting prior liens there
on. or valid and subsisting prior inter-
! est. legal or equitable therein.
A., me purchaser. upon confirmation of
the sale. shall make such further pay
| ment or payments in cash on account
OF the purchase price. in addition to
the cash or proceeds of any certified
| check already deposited. as l1ereinbe-
tore provided. as the Court may. from
| time to time direct. The remainder of
such purchase price not required to be
| paid in cash may be paid in cash or
| the purchaser may satisfy and make
good the balance Of his bid in whole or
| In part by turning i'll to be paid and
cancelled or to have payment on ac-
count credited thereon. bonds secured
| by, said mortgage indenture legally
| outstanding and which by decree of
the Supreme judicial Court dated De-
cember II. 1922. as amended by de-
cree dated November IS. 1873, We're ad-
| judged to be legally outstanding, and
unpaid past due coupons appertaining
thereto. and entitled to share in the
distribution of the profits of the sale.
| and such purchaser shall thereupon be
! credited therefor on account of the
purchase price with such amounts as
would be payable on such bonds and
| coupons out of the proceeds of the
sale. if the whole amount of the pur-
chase price were paid in cash; provid-
ed said bonds are payable to bearer
and transferable by delivery or duly
| endorsed and assigned in blank.
| The Special Master may in his dis
erection accept temporarily. instead of
| bonds and coupons. the certificate or
certificates of any. national bank or
that it holds, subject to his order.
| bonds of the amount and character
therein provided, and will deliver the
same to him on demand for cancella-
| ton or other disposition according to
| the terms of said decree.
| Neither the purchaser nor the. sue
cessors or assigns of such purcha ser
shall be required to see to the applica-
ton of the purchase money.
| The fact of purchase and acceptance
of deed or deeds of the property by a
purchaser shall not be construed as an
! election to Accept any contract. agree
ment or lease sold is part of the prop
crty offered pursuant to said decree. or
embraced in any deed.
| The purchaser, his successors and
assigns. shall be allowed, one month
/ from the date of confirmation of the
| sale within which to elect. by written
| instrument filed in the office of the
! Clerk of the Supreme Judicial Court at
Wiscasset. in the County of Lincoln
| whether or not to adopt and continue
in force. or to refuse to adopt. any
| lease, agreement or contract Whlcn
| may be included in the property sold
or which may constitute an incident OF
appurtenance thereof. No conduct OF
user within. said one month, unaccom,
panied by such filing. shall be. deemed
to be an election, or to preclude 1 lht
| purchaser with respect thereto; but
failure to make such filing within said
time shall be deemed to be an election
to accept and adopt the same as paat
of the property purchased; PROVIDED
however that this right of election
shall not apply to any contract OF
Whatsoever kind. heretofore or here
after lawfully entered into by the Re-
ceiver of the defendant corporation. OF
assumed or adopted by the Receiver
effecting the property purchased ano
operated after the delivery or pos
session thereof. but all such contracts
must be adopted and carried out un'
less the right to elect to adopt or ter
inmate be reserved by the, terms here
of to the Receiver or such purchaser
The Receiver will not more thar
twenty days, nor less than i've days
under file with the Clerk of the su,
preme Judicial Court at Wlscassel
aforesaid statement or statements
showing as definitely as practicable
/. All Indebtedness obligations anc
liabilities contracted or incurred by the
Receiver then remaining unpaid.
2. All unpaid indebtedness or la
bilities contracted or incurred by inc
defendant corporation prior TO the ap
nointment Of the Receiver in the oper'
alton Of the property directed to- bt
sold, and which so far as the Receiver
is informed. are claimed to be prior II
lien or superior in equity to the afore
said mortgage indebtedness.