null and void, and, that if said money is paid and the corporation is not organized and the bonds hereinbefore specified, issued and delivered to me by, 19—, or $15,000.00 cash paid in lieu thereof, time being of the essence of the contract, then this sale shall be null and void, and the sum of $5,000.00 paid to me at this time shall not be accounted for by me, but shall be retained by me as the amount of liquidated damages agreed upon between the parties hereto for a violation of the said contract, and all options to be returned to me the same as if this sale had not been made. (See Twin City Power Co. v. Barrett, 126 Fed. 302.) Trustee. Form 3337. Agreement to Extend and Modify Option. Savannah, Ga.,, 19. 1. Whereas I gave to Hall Tie & Lumber Company under date of, 19-, an option to purchase the cross-tie camp and complete outfit thereto belonging in second land district of Charlton County, Georgia, consisting of lots numbers 71, 122, 123, 133, 134 and 135, together with buildings and tents thereon, siding of railroad, all goods in commissary, four mules, three wagons with harness, with lease to cut and remove said timber any time within five years from 19-, for the sum of thirteen thousand dollars, payable as set forth in said option and which option was extended to, 19, in a second instrument of writing signed by me, and whereas for above stated option and extension the said Hall Tie & Lumber Company have heretofore paid me the sum of two hundred dollars ($200.00). Terms and consideration. 2. Now, therefore, for and in consideration of the sum of one thousand dollars ($1,000.00), more to me in hand paid by said Hall Tie & Lumber Company, at and before signing hereof, the receipt whereof is hereby acknowledged, I hereby agree to extend said option to of 19, and to modify payments 19, Hall Tie & Lumber Com as follows: On or before pany shall pay to me in cash, the sum of fifty-three hundred dollars ($5,300.00) in addition to amounts already paid on options; and shall execute and deliver to me their notes as follows: One thousand five hundred dollars ($1,500.00) payable in sixty days from date of deed transferring property to them, and the balance of purchase-money, same being five thousand dollars ($5,000.00) divided into eight equal parts, payable respectively in three, four, five, six, seven, eight, nine, and ten months from date of said deed. All deferred payments bearing interest at six per cent. per annum and secured by the property, that is to say, I do not release my ownership until all notes are paid. Inclusion of other property. 3. And in addition thereto the said company shall purchase and pay in cash, within time named above, for following items, viz.: One horse and buggy with harness. $250.00 60.00 887.50 * * sacks feed and bales of hay. Accounts of 75 men now working. * Forfeitures. 4. Upon settlement as above stated I agree to furnish full clear of all incumbrances, proper documents transferring above property to said Hall Tie & Lumber Company. But it is understood and agreed that in the event of failure of said Hall Tie & Lumber Company to meet the settlements and payments as above set forth on or before the of 19—, then all money paid me on options, including the one thousand dollars ($1,000.00) now paid, shall be forfeited by them and retained by me, and this agreement becomes null and void. Witness: (Signed.). (Construed in Marthinson v. King, 150 Fed. 48.) Form 3338. Agreement Not to Sell or Exercise Option on Mineral Properties. 1. Agreement made and entered into this day of part, hereinafter called Whereas, and are the owners of certain options on phosphate lands, plants and property described in Schedules "A" and "B" hereunto annexed, and also own or control options on certain phosphate lands in Maury, Hickman and Lewis Counties in the state of Tennessee, described in schedule "C" hereunto annexed, and whereas - is desirous of examining said lands with engineers and experts to estimate to his satisfaction the quality or value of the phosphate rock thereon and the property included in said options with a view of determining if he will purchase such lands and properties or any of them. Now it is agreed by and between the parties hereto in consideration of the promises herein made the one to the other as follows: Time limit and permission to examine properties. and 2. (a) and his engineers and experts every opportunity that it may be possible for them to afford or reasonably obtain to make a full examination of all the properties covered by said options as said shall desire, and that in no event shall — and of the options mentioned in any of the schedules hereunto annexed within ninety days from date hereof, except such options. covering properties as may before the expiration of ninety exercise any days notify them that he does not care either to attempt to negotiate the purchase of directly or take under any option covering the same. Release and option-Consideration. and and shall 3. (b) That if at any time hereafter the said agree with the owner or owners of any one or more of the properties covered by said options to purchase any of the properties referred to therein either directly or indirectly, agree that in such event on request of such owner or owners of said property from them whatsoever arising by reason of said — from such owner or owners an option on that parcel of property. Upon the completion of the purchase of any parcel of property covered by any of said options shall pay to and they will release any obligation to and — having a sum which shall be equal to seven cents per ton on all phosphate rock on said property purchased as the same shall be estimated to exist thereon by 's engineers, provided said property shall be one of those enumerated in Schedule "A," and if such property be one of those specified in "B" or "C" the said shall pay to price as and seven and one-half per cent. on such may agree to pay to the owners thereof. Restrictions upon beneficiary. that he will not take any 4. And it is agreed by the said options upon or purchase or become interested directly or indirectly in any phosphate lands whatsoever within the State of Tennessee before 19, other than those which he may elect to purchase under this agreement, or such as may before such date be submitted by said or on which they shall receive such compensation and commissions. and Examination of properties. 5. And said further agrees that he will by competent engineer or engineers selected by him investigate each of the properties referred to in said options with all reasonable diligence and if said shall not wish to acquire any property investigated he will so notify said —— and on reaching that conclusion and they shall be at liberty to deal with said property and any option they hold thereon as if this contract had not been made. 6. Assignment of options-Considerations. and And it is further agreed between the parties hereto that if at any time within ninety days from the date hereof shall elect to take an assignment of any of the options mentioned in any of the schedules hereunto annexed instead of dealing independently of such options with the owners of the property covered by any such options, the said agree that they will assign to the said. any such option he may elect to ask to be assigned to him as aforesaid, it being understood that in the event of such an assignment of the option if the said shall thereafter elect to exercise the same, the compensation of said and upon the purchase by of the property covered by such assigned option shall be as hereinabove set forth as in the case of a purchase by of the property directly from the owner. 7. Additional options acquired. and And it is agreed that if the said shall at any time prior to -, 19, acquire any options on any other property they will execute with at his election a similar agreement with respect to any such properties covered by such options as this agreement. Binding effect. 8. The terms and conditions of this agreement shall be binding upon the executors, administrators and assigns of all parties hereto. In Witness Whereof, the parties hereto have hereunto set their hands and seals this day and year first above written. In the presence of (Seal) (Seal) Schedules omitted. (Construed in Rogers v. Virginia-Carolina Chemical Co., 149 Fed. 1.) Form 3339. Sale of Real Estate Instalment Contract to Sell Real Estate. The undersigned doing business under the name and style of for value received hereby sells and assigns to The First National Bank of Chicago all moneys now due or hereafter to become due under a certain real estate instalment contract hereto attached from party of the second part to the undersigned as party of the first part, dated -, and appoints said The First National Bank of Chicago his attorney irrevocable to collect said instalments and each and all of them, and to give proper receipt therefor in its name or in the name of the undersigned, hereby ratifying all that my said attorney shall do by virtue hereof. The First National Bank of Chicago shall not be responsible for the collection of any of said instalments, nor for the performance of any of the terms of said contract, but may collect said instalments at any time if it so desires, and until such time the undersigned agrees to collect said instalments as agent of The First National Bank of Chicago and to immediately account and pay over to said bank each and every instalment as collected. The undersigned further constitutes said bank his attorney irrevocable to indorse and collect any checks received by the undersigned in payment of said instalments, or any of them. |