5g
<br />)fount to said notes, an(I neither of the Trustees shall
<br />he ,ulsweraldo for the default, or misconduct of ugly agent
<br />or anttornley sclected by them, or either of then), in pur-
<br />suauce hereof, it' sncll agent or attorne'v shall have been
<br />selected with reasonable Bare, nor in the event that the
<br />Trustees, or either of theau, shall have entered into the
<br />possession of the mortgaged property, or any part there-
<br />of, shall the 'trustees he liable in any event for any act
<br />or neglect of ally employe of the Connpany continued
<br />by the 'Trustees in their employ while so in possession of
<br />ally part of such property.
<br />(c) The Trustees, and each of them, save for their
<br />gross negUgmee or wilful default, shall not be personally
<br />liable for any loss or datunge, and each Trustee shall only
<br />be liable for lds or its own acts or omissions, and not for
<br />the acts or oulissions of the other.
<br />(d) It shall he no part of the duty of the 'Trustees,
<br />or either of them, to file or record this Indenture as a
<br />mortgage or conveyance of real estate, or as a chattel
<br />111011 �agc, or as a Conveyance or transfer of personal
<br />property, or to renew such mortgage, or to procure any
<br />I'm -ther, other or additional instruments of further assur-
<br />ance, or to do any- other act which n)ay he necessary to
<br />1, done for the continuance of the lien hereof, or for giv-
<br />i),• notice of the existouce of slch lien, or for extending
<br />m . the saule. Neither of the Trustees shall
<br />be liable, for the exercise of ally discretion or power here -
<br />1mder, or mistakes or errors of jnrlg)1eut. nor otherwise
<br />in connection with this trust, except for his or its own
<br />Nv,ill'ul u;i: conduct or gross lie"digence. Neither of the
<br />Trustees shall be ollged to take notice of any default
<br />11114 receipt of written notice thereof, signed bV the
<br />hold(•rs of Ott least one fourth ill allount of the notes
<br />1�
<br />P
<br />59
<br />outstanding hereunder. no], to take auk- action in respect
<br />of any default unless replested to take such action by
<br />a writin- g signed by the holders of not less than one -
<br />fourth in amount of the motes hereby secured and then
<br />outstanding.
<br />(e) The Trustees, and each of them, shall have a first
<br />lien upon the mortgaged property and fund for their rea-
<br />sonable expenses, eonnsel fees and compensation, and for
<br />all liabilities incurred in and about the execution of the
<br />trust hereby created, and the exercise and performnc
<br />ae
<br />o:1. their po��-ers and dnties hereunder, which expenses,
<br />counsel fees and compensation the Company covenants
<br />and agrees to pay on demand.
<br />(f) ??either Trustee shall he under any obligation or
<br />duty to perform any act hereunder, or to defend any suit
<br />in respect hereon. unless indemnified to its or his full
<br />satisfaction, and where the Trustees shall have received
<br />indemnity under any of the provisions of this Indenture,
<br />anal it shall afterwards appear, in the judgment of the
<br />Trustees, that the indennlity so demanded and received
<br />is or ulay become insufficient, the Trustees shall not be
<br />rc(luired to tale any further action hereunder until and
<br />unless additional indemnity shall have heen furnished
<br />to the Trustees. Exeeptin�ge as herein expressly other -
<br />wisc provided, neither 'trustee shall be bound to ree-
<br />oguize any person as a noteholder unless and until his
<br />notes ;nn, submitted fur iuspectionl, if recplired, and his
<br />tithe satisfactorily established, it disputed.
<br />(,,) The recital of facts herein and in said notes con-
<br />tained shall 6; taken as statements by the ConMmgn and
<br />shell )ot be coustruod as made by the _tlnsto,
<br />(11) The 'Trustees shall not bo personally liable for
<br />auY debts contracted by therm, 1101. for damages to per-
<br />
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