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 />
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