40
<br />nance, renewals, replacements, alterations, additions, bet -
<br />lerueuts and hit provoineiits, and all payments «-hick uay°
<br />he inao-le for taxes, assessments and insaranoT, or prior
<br />or other proper char,'es upon said premises and proll-
<br />erl�y or nny part thereof, and all liabilities incurred by
<br />Went hea•ennder, as well as just and reasonable conipcn-
<br />sation for their own Services, and for all attorneys,
<br />agents, clerks, servants and other eniplo -es b� them
<br />properly- wyngpol and Nul loyed, they shall employ the
<br />111011eys arising as aforesaid as follows: 0) In case the
<br />lrincipal of the notes hereby- secured shall not have bp-
<br />come due by declaration or otherwise, to the paynieut of
<br />the interest in default in the order of maturity, with in-
<br />terest Nimmon at the same rate or interest as was borne
<br />bY the notes on which said interest shall be in default,
<br />such pa invilts to he made ratabl'- to the persons en-
<br />titled thereto without distinction or preference; (2) in
<br />case the principal or the notes hereby- secured shall have
<br />heconie due by declaration or otherwise, to the payinernt
<br />or the principal and accrned interest in the manner pro -
<br />vided in SetAhm 6 of this _Article (IV). l;l on the pay -
<br />uient ill full of whatever Inav lie due for tine principal and
<br />interest of the said notes 0 be payabh- for other pur-
<br />poses, 1114 premises shall he returned to the Company; or,
<br />(h) lhly- and upon the request or the hollers of one -
<br />rourth iu amount of the notes outstanding hereunder,
<br />and upon heir" first indemnified to their sati' faction,
<br />shall, proceed to protect and ernrorce their rights awl the
<br />rights of the noteholders under this Indenture by a shit
<br />or suits in equity or at laic, whether for the sp cifie per -
<br />forniarnce of any- covenant or ag"i-ceiuent eoutaiued here-
<br />in, or in aid of the execution of ally powor herein granted,
<br />ur for aim- foreclosure hereunder, or for the enforceuwnt
<br />`f
<br />41
<br />of any other appropriate legal or equitable remedy-, as
<br />the Trustees, being advised by counsel learned in the
<br />law, shell deem most effeet.ual to protect and enforce the
<br />rights aforesaid.
<br />In case the Trustees shall have proceeded to enforce
<br />any right under this Indenture by foreclosure, entry- or
<br />otherwise, and such proceedings shall have been discon-
<br />tinued or abnudoned because of any waiver, or for ally
<br />other reason, or shell have been determined adversel'-
<br />to the Trustees, then, and in every such ease, the ('out-
<br />Ilan -- and the Trustees shall be restored to their former
<br />positions and rights Hereunder in respect of the mort-
<br />gag-;ed property-. and all rig-lits, remedies and powers of
<br />the Trustees Ad[ continue as though no such proceed -
<br />ings had been taken.
<br />Anything in this Indenture contained to the conti-m- -
<br />uotwithstanding', the holders of a majority- in amount of
<br />the notes hereby- secnred, and outstanding- from time to
<br />time, having first indemnified the Trnstecs to their satis-
<br />faetion, shall have the right to direct and to control the
<br />method and place of conducting any and all proceedings
<br />for tie foreelosure of this Indenture, or for the appoint-
<br />ment of a re yhmr, or the taking of any other approlwiate
<br />action hereunder.
<br />SEC. 4. Any sale or sales nuide under or by AlAne of
<br />this Indenture, or mauler and by virtne of any judicial
<br />proe eding'�s taken hereunder, shall operate to divest all
<br />right, title, interest claim and ileinand wha-tsom-er, either
<br />r.t or it f,yuitr, of the (_ "milany or, in and to the
<br />prOi;erty -o sold. an(] s1. 11 be a hcrpetual bar, hoth in
<br />I :u"- an,l in e(iuity-, the C'nu�lran�-, its successors
<br />and asS1g71S, and a gahat any and all lwrsons damming,
<br />m. to c!ai�u, iLe property sold, or any part thereof, free,
<br />
|