The border vidette., 1933-03-04
No. B-269-TUcSON
NOTICE OF SALE OF CERTAIN PROP
fRTY At PUBLIC AUCTION FREE
AND CLEAR or ALL LIENS

AND CLEAR or ALL LIENS
In the District Court of the
United States for the District of
Arizona.
10 the Matter of Joseph Berk-
ooi'z, sometimes known as Joe
Berk, Bankrupt.
Pursuant to an order of this
court the undersigned, Doane
Merrill, Trustee in Bankruptcy
of the above named bankrupt,
will on Saturday. the 21st day of
January, 1888 at the main door
of the premises known as No.
Ill Morley Avenue. Nogales.
Arizona, at the hour of 200
o'clock P. M. offer for sale at
public auction to the highest
bidder, free and clear of all liens,
including the lien of the two
mortgages now owned by David
Loeb and hereinafter referred
to, the following described prop
erty, to wit:
! All that certain tract or parcel
of land, with the buildings there
on erected, situate in the City of
Nogales, County of Santa Cruz,
State of Arizona, described as
follows, to-
Beginning at point on the
East side line of Morley avenue,
which said point is thirty-nine
and seventeen one hundreths
(39. ~ feet southerly from the
northwest corner of Lot Three
(3). Block Nineteen (19). and
which said point is at the north
west corner of Escalada's Store
Building and running thence
easterly along the north side line
of Escalada's said store building
one hundred and fifty and forty
one one hundreths (15O.41) feet
to a point; thence northerly by q
line parallel to the eastern side
line of Morley avenue. thirty
nine and seventeen one hun
dredths (39 ~ feet to a point;
thence westerly along the pro
tracted north side line of Lot
three (3), Block Nineteen O9)
one hundred and fifty and eighty
three one hundreths (15O.83) feet
to a point on the east side line of
Morley avenue, and thence
southerly along the eastern side
line of Morley avenue, thirty
nine and seventeen one hun
dreths (39 ~ feet to the place of
beginning, and being a portion
of lots one (l) and three (3),
Block Nineteen (19) as delineat
ed on the official map of said
Town (now City, of Nogales,
Arizona, made and executed by
William Bradford and approved
by the Mayor and Town Council
of said Town (now City, of No
gales, Arizona, December 18th,
1899.
Said real property is now held
by j. G. Penney Company. a
corporation organized and exist
ing under the laws of the State
of Delaware, pursuant to q lease
in writing made by the said
Joseph Berkovitz, sometimes
known as Joe Berk, and Grace
Berk, his wife, under date of
July 81, 1923 to the said j. G.
Penney Company, said lease be.
ing for the term Of forty years
commencing August 1. 1923 and
ending July 81, 1868 with the
privilege to said J. G. Penney
Company of cancelling and ter
minating said lease on the last
day of any month on or after
July /, 1913, by giving the
lessons six months notice in writ
ing of its desire and intention so
to cancel and terminate the
same) at u rental of $6, 10000 per
annum payable in equal monthly
installments of $500 each in ad-
vance on the first day of each
month, lessee at its expense to
pay all taxes and assessments
and to keep said premises 10
good repair and insured against
loss or damage by fire during the
term of said lease. Rentals un'
der said lease have been paid up
to and including the rental for
the month of September, 1882,
and rentals under said lease are
now accrued and unpaid for the
months of October. November
and December, 1882 and Jan.
uary, 1888.
The property to be sold is the
aforesaid real property, said lease
to J. c.. Penney Company. and