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45 <br />denndQ- to the satisract, of the 'I'rn,tee, against the <br />costs, expenses and liabilities to be incurred therein or <br />thereby, and smeh notif ention, roquest and offer of in- <br />demnity are hereh�- decl -m-ed in every such case, at the <br />option of the Trustees, to be conditions precedent to the <br />(ONO ion of the lWwers "mol trusts of this indenture for <br />the benefit of the noteholders, and to any action or cause <br />of Action for foreclosure, or for the appointment of a <br />114(liver, or for an,- other remed*v hereunder, it being <br />nuderstood and ilitended that no one or snore holders of <br />notes and coupons shall have any right in any manner <br />w1l'itevol, I)v his or their notion to affect, disturb or <br />prejndiee the lien of thi Indentnre, or to enforce any <br />right hereunder, except in the manner herein provided, <br />m "I that all I:somwdings at htw or in equity shell be in- <br />stituted, had 1111d maintained in the manner herein pro - <br />videl, and for the erjnal benefit of all holders of Snell <br />ont,tanding. notes ;111(1 cotlpou�;. <br />SEE 11. Exeept as herein exl)ressl�- pro\•ided to the <br />contrary, no relied.- herein contained, conferral ilpon <br />or reserWed to the '1 rllstees, or to the holders of the notes <br />hereby secured, is intended to be ;exclusive of any- other <br />rontedy or remedies; but each and every such remedy <br />shall he einnulative, and :•hall be in addition to every <br />other remedy- given hereunder or now or hereafter exist - <br />ill, at Iaw or in e(plity or by statute. <br />S 14. No) delay- or omission of the 'trustees or of <br />any holdW of the notes hereby secured, to exercise ;lnv <br />right of power ae(.1.11111 llpoll all defiant tl� atorosai11, <br />shall impair ally Snell right or power' or shall he con- <br />strued to he a \vnkvr of any such dphinIt or nolKescence <br />therein; and every Mower and remledy g yen by this <br />49 <br />.Article to the 'Trustees, or to the noteholders, 711a�� be <br />exereised front time to time, and as often as nlav be <br />deemed expedient by the Trustees, or I)v the noteholders. <br />ARTICLE I'. <br />No recourse under or i1pon any obligation, coVeuant <br />or 111yreentent. eontahwd in this IndmAnnN or in any note <br />or coupon, or because of the creation of any inobMd- <br />mms, hereby secure +l, shall be had against any past, pres- <br />ent or future incorporator, stockholder, officer or director <br />of the Con7pany, or of an snccessor corporation, either <br />directly or through the Comipany, by the enforcement <br />of any assessment or penalty-, of by any legal or egnit- <br />able proceeding by virtue of any- statute or otller«ise; <br />it being' especially agreed and understood that this mort- <br />gage, and the obligations hereby- secured, are solely- eor- <br />Ilorute obligations, and that no personal liability. N�-hat- <br />ever shall attach to, or be ineurred by incorporators, <br />stockholders, offieers or directors of the company- oi• of <br />ally saeeesscr corporation, or am of then;, because of <br />tho incurring of the indel)tednes4 hereby nutliorizerl, or <br />ruder or by reason of any- of the r�bligation,, coy cusuits <br />or HgAWmellts collfililled in t1lis Indelltnre, or ill ally of <br />thl, notes or coupon, hereby secured, or implied there - <br />from, alld that any- and all personal liabilities of every <br />name and nature of, and any and all rights (11141 cluinls <br />agai)1st, ever- such illeorporator, stockholder, officer or <br />director, whether .Irisiug at common I;)\v- or in erIuity, <br />or created In statute or conaitution, are herobv cxpressl�- <br />rcleased ;nld waivod as a condition of, and as a Dart (4 <br />the consideration for% the ezccltt:ion of this I udenture. <br />and of the issuing of the notes and interest obligations <br />secured hereby. <br />