The New York herald., 1921-07-12
s6.2o3.343.39

6. All the right, title and interest OF the Chi,
cago Utilities Company in and to the real and
other fixed property OF every KIND ana nature i1a
house and Terminal Company, Illinois Tele-
phone Construction Company and any SUD
sidiary company Of said Chicago Utilities COM
4. All the estate. right. title and interest.
property. possessions, claims ana demands
held. possessed, enjoyed or claimed by the
Chicago Utilities Company under said inden,
books. records. accounts. franchises. rights.
licenses. grants, agreements, contracts rights oi
May which PTe owned held or enjoyed
by or conferred upon the Chicago Utilities
Company, and all other property and properly
wheresoever situated. real, personal or mixed;
which are owned. held. possessed or enjoyed
ey CT us u apy and tbs
and reversions, remainder and remaindcrs,
revenue, rents. income tolls, issues and profits
gagged and pledged under said indenture;
Together with all and singular the tenements
or in any wise appertalning to all the aforesaid
property or any part thereof: ,,,s. , all =,
:, The undersigned will invite bids upon an ,i 81
accept acc o the bid Sfb OF the highest qualified bidder
thereon, provided that no bid OF less than an
received from any bidder who shall not first
deposit with the undersigned the sum OF
500 goo either In cash or 6y cneck onnny IN IN
the City of New York. The cash or checks so
deposited, except the cash or check OF the sue
cessful bidder, shall be returned by the unuer-
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 sllccessful
bidder shall be retained by the undersigned
and applied toward the payment OF his Did. IN
the event that said bidder shall not make gooa ,i
his bid, said cash or the proceeds OF said chedk
shall be retained by the undersigned as iiqui-
dated damages for such failure; and the under
signed may in such case resell the property
covered by such bid. The balance of the pur-
chase price shall be paid by the successful bid.
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 OF
the failure OF the successful bidder to make
good his bio. the liquidated damages retained
by the undersigned In accordance with the
abowe proysqbns lon shall be applied oy ne nc ar
of the purchase price upon the resale ~,
Any bondholder or bondholders OF the onl.
purchase such property and may make pay
ment therefor. and upon compliance with the
terms of sale may hold, retain and possess and
dispose Of such property in his or their own
absolute right without further accountabllity
and at any such sale any such bondholder or
shall, subject TO the provisions OF Section of
Article Six OF said indenture. be entitled, Tor
the purpose OF making settlement or payment
| for the property purchased. TO use and apply
any bonds and any matured ana unpaid cou-
pons by presenting such h coupons % IN orde, ,ie,
| objectionable 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 apportionable and applicable out of
such net proceeds TO the payment OF or as credit
| upon the bonds or coupons so presented; pro-
vided that any bondhoder or bondholders so
purchasing such property shall. pending the
applicable to the bond or bonds SO held out
OF the net proceeds Of such sale, and within live
said said bond % or T bonds With tho undersigned m for
the purpose of having credited thereon the
sum apportlonable and applicable thereto, and
cash equal TO the balance OF the purchase price
less ten per cent. OF the face value Of tho prin-
| cipal OF the bonds so deposited. on the UNDER
standlng that when and as soon MS the amount
TO be credited on said bond or bonds shall be
determined and so credited, the undersigned
| shall pay the amount Of the purchase price re.
naming unpaid out OF the sum so deposited
and shall return to the successful bidder any
surplus of the cash so deposited.
Upon the completion OF such sale and tho
| payment OF the purchase price as aforesaid.
the UNDERSIGNED viii deliver TO the, pur ,haser
| OF the property so sold good and sufficient
deed or deeds for the sane without covenants
or representations, and will assign. transfer
and deliver 20 such purchaser or purchasers
the certificates OF stock and tho notes. bonds.
securities. obligations and other property so
sold. Unier the provisions Of said lndenturS
any sale made under or by virture thereof shall
operate TO divest all right. title. interest. clam
and demand whatsoever. either az law or in
equity. OF tho Chicago Utilities COMPANY or
any person calming or 20 claim by, through
or under II. OF, In and TO the property so sold,
/ and shall he perpetual bar Dotn at law ana
/ In equity against the Chicago Utilities Com.
| pany, It's successors and assigns. and against
all persons claiming 70 claim the property
sold or any. part thereof either through or
under tho Chicago Utilities Company. its sue
cessors or assigns: and the receipt of the trustee
under the indenture for the purchase money
paid on such sale shall be n sufficient discharge
| 70 the purchaser without any liability upon
his part TO sec 10 the application OF the purchase
money or TO be bound To inquire TO tho
authorization, necessity. expediency or regu.
| larty OF any such sale.
The lndenttIre Of the Chicago Utilities Cone
| pany provides that the undersigned from time
| TO time may adjourn the sale by announcement
at the time and place appointed FOR such sale
or for such adjourned sale or sales; aud with.
out further notice or publication such SAFE
may be made at the tlno and place to which
same may be so adjourned.
COPIES OF the indcnturc OF the Chicago
Utilities Company and Of the mortgages ~
the CHICAGO Tunnel Comnany AMI Chica 20
Warehouse AMI Terminal Coupany are held
by the undersigned at It's said office.
Dated. New York, June 2t. 1921.
UNITED STATES MORTGAGE AND
TRUST COMPANY.
BY CALVERT BREWER vice-President.
PATTERSON, EAGLE, GREENoUGH h
DAY, Counsel for the trustee 100 Broad
way. New York City