Laserfiche WebLink
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 />