The New York herald., 1921-06-21
se.2e3.3 .343.32

9. All the right. title and interest OF the Chi
cago Utilities Company in and to the real and
other fixed property q every kind and nature
Of the Chicago Tunnel Company, Chicago Ware
house and Terminal Company. Illinois Tele-
phone Construction Company and any sub
sidiary company Of said Chicago Utilities COM
Z. All the estate. right. title and interest.
property. possessions. claims and demands
whatsoever rs well in equity as at law. owned
held. possessed enjoyed or claimed by the
Chicago Utilities Company under said linden.
books. records. accounts. franchises. rights.
Licenses, grants agreements. contracts. rights OF
way. easements; privileges; seryitudes. and
by conferred upon the Chicago Utilities
Company. and all other property and property
rights Of whatsoever character or nature and
whercsoever situated. real. personal or mixed,
which are owned held possessed or enjoyed
by or in any manner conferred upon the Chi
caco Utilities Company: and the reversion
and reversions. remainder and renlainucrs.
revenue, rents income tolls, issues and profits
Sased aiI and aha pledged edge pd Under said indentre
Together with all and singular the tenements.
hereditaments ana appurtenances belonging
or in any wise appertainlng TO all the aforesaid
property or any part thereof. .
The undersigned will invite bids upon all Of
aceept ths bid o the highest Bidder
s75o.ooo viii be accepted. No bid will be
deposit with the undersigned the sum OF
$50. 900 either In cash or by check certified by
n
the City of New York The cash or checks so
deposited except the cash or check OF tho sue
ceSsful bidder shall be returned by the under
signed at the conclusion OF the sale to the bidder
or bidders from whom they were received. The
cash or proceeds Of the check OF the successful
bidder shall be retained by the undersigned
and applied toward the payment of his bid. In
the event that said bidder shall not make good
his bid. said cash or the proceeds of said check
da ted damaSes for such failure; and the UNDER
signed may in such case re-seil the property
by sbs bs bd nad by she o
der within five days after the acceptance OF
his bid to the undersigned at its office, 55 CEDAR
Street, Borough OF Manhattan, CITY OF New
York In the event Of a resale by reason or
the failure of the successful bidder TO make
GOOD his BID. the liquida.ed damages retained
by the undcrsigned in accordance with the
above provisions shall he applied by the UNDER
signed as II, the same were received as part
of the purchase price upon the resale.
Any bondholdcr or bondholders of the Chi
cago Utilities Company D.ay bid FOR and nay
purchase such properly and NAY MAKE axe, pay az,
terms OF sale may hold. retain and possess ana
dispose OF such property in his or their own
absolute right without further accountability
and at any such sale any such bondholder or
hon1holders purchasing such property
shall, subject 10 the provisions OF section Q.
the purpose OF making settlement or payment
for the property purchased. TO use and apply
any bonds and any matured and unpaid cou-
pons by presenting such coupons IN order
that there may be credited thereon the sum
aDportionable and applicable thereto out OF
the net proceeds of such sale; and thereupon
such purchaser shall be credited on account
of such purchase price payable BY him with
the sum objectionable and applicable out or
such net proceeds 70 the payment Of or as credit
upon the bonds or coupons so presented: pro-
vidcd that any. bondholder or bondholders so
PURCHASING such property shall. pending the
determination OF the sum apportionable and
applicable To the bond or bonds so held out
OF the net proceeds of such sale, and within five
Gays after the acceptance OF his bid. deposit
said bond or bon1s with tho undersigned Tor
the purpose of havins crediter thereon the
sum objectionable and applicable thereto ana
deposit with the undersigned an amount in
cash equal to the balance OF the purchase price.
less ten per cent OF the face value o. ,he prin-
standing that when and as soon as the amount
20 be credited on said bond or bonds shall he
shall pay the amount OF the purchase price re-
naming unpaid out OF the sum SO depositei
and shall return TO nc suenessfui oidder any
Upon the completion OF such sale and tho
payment Of the purchase price as aforesaid.
the undersigned will deliver TO the purchaser
of the property so sold a good and sufficfcno
deed or deeds for the sane without covenants
or representations. AMI VIII assign. transfes
and deliver to such purchaser or purchases
the certificates OF stock and tho notes. bonds
securities. OBLIGATIONS and other property so
sold. Unier the provisions OF said indenture
any sale made under or by virture thereof shall
operate 10 divcst all right. title. interest. claim
and demand whatsoever: either az law or IN
coulty. of the Chicago Utilities Company OF
any person calming or TO claim by. through
or under II. OF. in and to the property so sold:
and shall bc a perpetual bar both az law ana
IN epuity against the Chicago Utilities Com
pany It's SUCCESSORS and assigns. and against
All persons claiming or 20 claim the property
sold or any part thereof either through or
under the Chicago Utilities Company It's suc-
cesSors or assigns: and the receipt OF the trustee
under the indenturc for the purchase money
paid on such sale shall he n sufficient discharge
10 the purchaser without any liability upon
his part TO see to the application OF the purchase
money or 10 be hound to inquire as To tbs
artho i,ation. necessity, expcdienry or regu-
larty OF any such sale. -
The injenture Of tho Chicago Utilities Com
panv provides that the undcrsiRned from tins
to time may adjourn the sale by announcement
az the time AMI place appointed for such sale
or for such adjourned sale or sales; and with
out further notice or publication. such SAFE
may be made az the tiulc and place TO which
sl me riav be 50 adjourned.
Comics NJ the indenture OF tho Chicago
Utlities Companv and Of the niortRayes OF
thr Chlca-o Tunnel CoTpany ani Chicago
WarchoGse ami Terminal Coulnany are held
by the un icrsl,nc at It's said office.
Dated. New York. June 2l. 1921
UNITED STATES MORTGAGE AND
TRUST COMPANY.
ny CALVERT BREWER, Nice-Presdent.
PATTERSON, EAGLE. GREENoUGH Il
DAY, Counsel for the trustee, 100 Broad
wny. New York City