|
5G
<br />the principal, of the notes herehy secured, or of solve
<br />pert of such interest or principal, or in the due and
<br />pamctual pwrformans, and ohservance of some covenant
<br />or ecnulitialn hereof ohli ,-atom- upon the Company-, and
<br />until such default shall have continued heyond the period
<br />of grace herein provided with respect thereto, if and-, the
<br />Cviupally, its Successors and assigns, shrill he suffered
<br />Mid perulitte(l to retain the actual posse ssion of all the
<br />mortgaged property. auil to manage, operate and use
<br />the saute, and eN-ery part thereof, with the rights and
<br />l)rk ile -es appertaining thereto, and to collect, receix-e,
<br />take, use and enjoy the tolls, earnings, 111colue, rents,
<br />issues and profits thereof.
<br />r.i�. 2. If, When the note, hereby secured shall have
<br />heconl(-, due and parable (whether bra- lapse of time or
<br />t 1w declaration or by exercise of the privilege of redemp-
<br />tiou ), the Company shall «ell and truly pad-, or cause
<br />to he paid, the whole amount of the principal moneys
<br />and interest due upon all of the notes and coupons for
<br />interest thereon herel).v secured then outstanding, or shall
<br />provide for such pa } -1ueut by depoSitin,_(I with the Trust
<br />couwany hereunder for the pay"uurnt of such notes and
<br />coupons the entire amount then due thereon for principal
<br />rind interest, and shall also pad-. or cause to be paid,
<br />all other lulus luyahle hereunder by the Company, and
<br />shall well and truly keep and perform all the things
<br />herein repaired to he kept and performed by it, accord -
<br />ill to the true intent anal lueanin,g of this Indenture,
<br />then, aiud in that case, the Trnstees shall I to the
<br />C ulpauy all luonevs (other than moneys so deposited
<br />j I'm- the p,lylu ent of Said notes and coupolls), and Other
<br />!' property theta hell by them, or either of them, hereunder,
<br />and ;ill ille pro -)pel ty, ri"-hts and interests herehv corn
<br />67
<br />A-eyetl or pledged shall revert to the Company, and the
<br />estate, right, title and interest of the Trustees, and of
<br />each of them, shalt thereupon cease, determine and be-
<br />come void; and the 'Trustees in sucli case upon demand
<br />of the Company, awl at its cost and expense, shall ex-
<br />ecute proper instruments acknowledging satisfaction of
<br />this Indenture, and such deeds of release or conveyance
<br />as shall be necessary-, proper or requisite to revest in the
<br />Angwny the lwoperQ- then subject to this Indenture
<br />free and discharged from the lien thereof. The deposit
<br />of such moneys with the _Trust Company Shall, as to the
<br />Coaallany, he deemed a payment of such notes, and shall
<br />discharge the liability of the Company thereon, but the
<br />Trust Corulmny shall not lw charggeaNle N ith interest on
<br />ally such deposit.
<br />ARTICLE X.
<br />:The Trustees, for themseh -es and their successors,
<br />hereby accept the trusts and assume the duties herein
<br />c- reated and imposed upon them, but only upon the fol-
<br />lowing terms and conditions, to -wit:
<br />(a) The Trustees, and eaaell of them, Shall be pro -
<br />teeted in any action taken by thelu, ur either of them,
<br />upon an'y notice• resolution, vote, request, consent, cer-
<br />tificate, affidavit, statement, bond, note or other paper or
<br />document helieved by them to he genuine, and to have
<br />been passed Or signed 1, 'y the lwoper parties.
<br />(h) The Trustees, and each of them, may select and
<br />(Wll,loV in and about the cvecution of this trust suitable
<br />awed, atltll attorneys, N,.-hose reasonable conilw 'satlon
<br />shall he paid to the Trustees by the Company-, or, in
<br />default. of '11(.11 pa yinent, shall Ile a cllarge upon the
<br />mortgaged propert;-, and the proceeds thereof, para-
<br />
|