USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1895-1904 > Part 8
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In Witness Mure of the said Charles Mf Rand Fre- 1 unto set my hand and seal this sixthe day of October in the year one thousand eight hundred and ninety six
Signed kind sealed me presence of Hithan H. Leach & B.H. Paul Real
Received and recorded Oct. 6er 1896 at 4-37 oclock P. M. Attest Char B. Blair Jour Clark
105
Unedalle snow by these Stresouts, That & Fils Howy Moers Damen, Mass, in consideration of One dollar + other good bratuable considerations to me paid by Edward Fairbanks and Charles 3, 3 law both of said Warren the receipt . Where I do hereby acknowledge do hereby assign and transfer to said Faubaute all the certain money and demande rights, title and interest of every names and nature which I have by reason of the certaine as signment of tages given to me by one Herman offer of date marche 8' 1896 recorded in the tour of Harrel, Wass, record of assignment Book 1, Page 74+75 tereby giving unto said Fairbanks and said Blair or either of theme free and complete power and authority to do and perfor all acts matters and things eating to collecting and receiving the curtain moneydue wid Doffer from Messa Dagler & Jerks which I may or shall have the right to, by virtue of said assignment of date Warch 8 1896, To have & to hold all the aforsaid - - money demands right title and interest power wand authority to said Fairbanks and said Blair either of theme, their Executors, administrators and Essique OrEVEN,
Ahereby make said Fairbanks Blair or either of Atheme song attorney to do all things necessary in the said premises at all times hereafter, ud Witness my hand and seal this 7th day of October 1896.
ar Diamed and sealed in
Nity Henry Moore Weak 66 Sawyer
(Received and recorded Oct "1" 1596 at 10-25 O'clock of Me Attest Chas 3. Blair Non black
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Av all nun by these presents that bialbert I Benenw of Warhow in the bounty of Worcester and Commonwealth of Massachusetts the Her trages named in a certain mortgage & person- al properly given by Kemal F. Woodworth of Warren aforward to me dated-November 25th_A.D. 1893, and recorded in Records of Mortgages of tusoual
Properly in the black Office of the Town of Harrow Mass, libre 2, folio + 10, do Fireby acknowledge that I have received from Emma , Wood month the mortgager manned in said mortgage, full Payment and satisfaction of the Lance; and me consideration themf- 6 do hereby cancel and dis- charge said mortgage, and release units the said Enera I. Woodwortte- the personal property thereby sold and transfered. In Witness Thered, thereauto set my hand and seal this Twenty Seventh day of October-A. D. 1896, Signed and sealed in presence of
Milliane Ho Kelley\ Albert H. Lincoln Real?
Received and recorded Oct 28' 1896 at 9-22 O'clock A. M.
Attest Char G. Blan
Down Clerk.
107
Know all men by these present that We Remi De- loge and Jela Delage of Havrew, in the past thing cal led Wist Narrow Horcester County Massachusetts In consideration of fifty five + 000 Dollars paid by Mary A. Lincoln of said Harrow the receipt where is neuby acknowledged, do hereby grant, sell tran yer, and deliver cento the said Mary A Kancom The following goods and chattels, namely; Your Cows the same now in our barn at said West Narrow-
To have and to hold all and singular the said goods and chattels to the said Wary A, Time Low and her executors, administrators, and as isigns, to their own use and behoof forever.
And Mr. hereby connant with the grantee that mare the lawful owners of the said goods and chattels; that they are free from all incum brances, that we have good right to sell the same as a fort laid; and that we will manout and defend the samme against the lawful claims and demande of all persons Provided nevertheless that if , on our executors, administrators, or assigns, Tall say unto the grantee, or her executors, admin- Petrators or assigns the sun of fifty five and to Dollars, on demand from date- and with interest after three months from date as written in a certain note of even date here with signed by us, and until such payment shall not waste or des Troy the said goods and chattels, nor suffer theme rany part there to be attached on mesne process; and shall not, except with the consent in writing Altre grantee or her representatives, attempt to sell. to remove from said Warren the same or any part thered- then this deed, at also a note of even date herewith signed by us whereby me promise to pay to the grantee or order the said sum and interest of the times aforsaid, shall be vid.
But show any default in the performance or of
servance of the fore going condition, the grantee, or
I hereby discharge this mortgage the debt secured Thereby having been paid. Warren Jaw 8, 1898 Mary A. Lomucho
Received and recorded January 18,1898 at 2-53 O'clock J. M. Chas, Blair Tonne bleck. . frmo
I Mary e A.M. Breche
108
In executor, administrators, or resigns, may sell the said goods and chattels at public auction, Siret giving Seven days notice and miting of the time and place of sale to us on our representatives, And out of the money arising from such sale the grantee, or her representatives shall be entitled to relain all sans then accured by this mortgage, Whether them or thereafter payable, including all costs, Charges and I penses inclined or sustained by) her or them in relation to the said property, or to discharge any claims orliens of Huid persons affecting the same, rendering the surplus, if any to is or och executors, administrator, or assigns. And it is agreed that the grante, or her executor, administrations, or assigns, or any person or persons in their behalf may purchase at any sale made as a foresaid; and that until default in the perform- ance of the condition of this deed are and our executions, administrator, and assigne, may retain posses- sion of the above mortgaged property and may use and enjoy the same!
In iliress Thereof me the said beni Deloge wad Telia Belege hans Sureunto set our hands and seals this 20th day of October in the year one thousand eight hundred and ninety six.
Signed, sealed, and delivered
in presence of
Remi Leloge (real
toboth signature Delia stark Delage (Real)
Received and recorded November 1896 at 8-37 O'clock A. M.
Attest Chas B. Blair Bruno Clerk.
109
Snow all new by these presente that The Charles Of. Juste and Ella . Tufte of Harren, Worcester County Haveachusetts in consideration of Boxcity Saturs paid By Hary A. Lincoln of said harrow the receipt whereg " Surely acknowledged, do hereby grant, sell, transfer, and deliver into the said Mary A. Lincoln the follow ing goods and chattels, namely;
One Parlor sett Consisting of Lounge - Rocking Chairs 3 hane Seat lehavre
One black walnut extension table
Six oak dining Chairs -1 Marble top table- One Bange -1-Book rack -
Two Sitting room Stoves - Rugs- Que Refrigerator
One Ash Chamber Sett of Bedstead, Bureau and. Commode
One Book base and writing Desk Combined, oak Three Carpets
Hall and Stain Carpet
Fino Bedsteads One imitation black Walnut Chamber Sett complete- One dark painted Chamber sett Complete
And also all of the tinware, ironware, silverware. Hardware and all the other personal property in the tenement now occupied by us on keyes street in said Harrow and also all the personal property which becomes ours during the continuance of this Mortgage-
To have and to hold all and singular the said goods and chattels to the said Mary A. Lincoln and her executors, administration, and assigns, to their own use and behoort forever And me do hereby covenant with the vendee that we are the lawful owners of the said goods and chattels; that they are free from all incum- frances, that we have good right to sell the same as aforsaid, and that we will warrant and defend the same against the lawful chaines and demands of all persons Provided never- the less that if we four executors, administra-
1 2
its
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los, or assigns shall hay conto the vender, or her executors, administrator, or assigns , the sum of thirty dollars on demand how thu's da's and With interest after six months from date at the rate of one per cent per Month upon said prin- cipal sum until paid, as stated in a note of even date signed by us, and until such pay- ment shall keep the said goods and chattels insured against fire in a sum not less than one hundred dollars for the benefit of the vindee and her executions, administrators, and assigns, m such form and in such Insurance Companies as they shall approve; shall not waste or destroy the said goods and chuttels, nor suffer them or any part there to be attached on mesne process, and shall not, except with the consent munntime of the mender or her representatives, attempt to sell for to remon from where they now are the same or any part thereaf, then this deed, as also the aforsaid noto, shall be void,
Put upon any default in the performance on observance of the foregoing condition, the reader, or her executor, administrators, or assigns may sell the said goods and chattels at public auction, first notifying the debtor, in the manner provided in section seven of chapter one hundred and ninety two of the Public Statutes, of the time and place of any sale to be made in for-closure freccedings at least seven days before such sale, and out of the move arising from such sale the vendee or her represent- tatives shall be entitled to retain all sums then secured by this mortgage, whether then or thereafter payable, including all costs, charges, and expenses incurred or sustained by her on theme in relation to the said properly, or to discharge any claims on liens of hard persons affecting the same; rendering the surplus, if any, to us for our execution, administrator, or assigne. And it is agreed that the vender, or her execution, administrators, or assigns,
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or any person or persons In their behalf, may purchase at any sale made as afinsaid, and that until default w the performance or observance of the conditions of the deed me and our execution, administrator, and actions, may retain possession of the above mortyaged property and may use and enjoy the same, but after such default the vendue or those claiming under her may take immediate possession of said property wand for that purpose may, so far as i can tho authority therefor, entre upon any promises in which said property on any part thereof may be situated, and remove the same therefrom. -
The actual expense of making and scouring this Joan has been five dollars
An witness Mureof me the Raid Charles 2, Tufts and Ella? Tufts have hercunto set our hands and seals this third day of November in the year one thousand eight hundred and ninety dix
Signed and sealed in presence of A.H. Lincoln Chas D, Jefts Secas
Ella P. Oufts Real Received and recorded Forember St 1596 at-8-37 o'clock A. M. Attest
Chas , Blair Town bleek
1
Springfield Marx Hay 10, 1899 The personal property Mortgage given to me by Charles I, and Ella Putte dated Tonmber 3d A.D. 1596- and recorded mitte Mortgages of personal property records, for the tour of Haver, in book 24 page 109'is hereby netucharged,
Signed and sealed in presence of
Hary A Lincoln ven
hat Becaused + recorded July 28 + 1897 at- 3-10 click ! 1. Attest Chene B, Blair Your Clerk
7
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This indenture made this second day of November A, 9, 1896, by and between the Narrow, Brookfield & Spencerstet Railway Company, a corporation duty organized under the Some of the Commonwealth of Massachusetts, hereinafter called the Railway Company, harly of the first hart, and the Inter- national trust Company, a corporation duly establish- id sunder the laws of the said Commonwealth, and aring it's principal place of business in the city of boston in said Commonwealth, fureinafter called the recite, party of the second part, Mitnesseth-
Whereas, at a legal meeting of the Scackholders of the Railway Company called for the pur- pose, and held July 2nd, 1896, a role was passed by a majority in interest of its stockholders authorizing the execution of this indenture, and the execution and issue of the coupon bonds of the Railway Company secured by this indenture, for the purposes theremi set forth, to the number of one hundred and twenty- fire (125) numbered consecutively from one to one hundred and firenty-five (125), both numbers in- Clusive, of the denomination of one thousand dollars. each, amounting in the aggregate to one hundred and liviuly fois thousand dollars, all to bear date of Movember and, 1896, and to be made fragable to The International "vest Company of Boston, or bearer, Twenty years thereafter, in gold coin of the United States, of the Present standard of might and fineness, at the Price of said Trust Company, i said Sorten, with in- terest at the rate of five her couture herannews from their date, havable semi-annually at the office of said Trust Company in said Sector on the first day of November. and May in each year, as specified in and on presentation of the interest controus to be annexed to each loud,
And, arnurcat, ErrentA, Mc Pherson of Cambridge in said Commonwealth, has been duly appointed by du Bailway Company to offrons the bends to . to issued as aforsaid and to certify when each
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bond that it is properly issued and recorded; and
Let
Whereas, the bonds and coupons to be issued hereun to and secured hereby and the entificates to be signed (y) Weid Emout, He Bresson and the Juste's Certificate thereare are substantially in the following form, to with- United States of America, Commonwealth of Massachusetts. Varen, Brookfield & Spencer Street Railway Company. First Mortgage Fire Per Cent Gold Bond Authorized by the Railroad Commissioners. 1000.
Te Harren, Brookfield & Spencer Street Railway Company, a corporation duly organized under the laws of the Commonwealth of Massachusetts, for value received, promises to pay to the International Trust Company of boston, i said. Commonwealth, or to the beaver there of the sun of One Thousand Dollars, in gold coin of the United States of America, of the present tu standard might and fineness; on the first day of hor- unber; A, D, 1916, with interest from the second day I November, A, D, 1896, at the rate of five percent per- 42.22um, payable in like gold coin semi- annually In the first day of May and Forember in each year to the first payment to be made on the first day of 4 May A, D., 1897) until the principal sure there of shall have been paid on presentation and surrender of the respective coupons here to attached, as they severally become due, both principal and interest ring payable at the office of the said International Trust Company in Boston.
This land is one of a series of one hundred and NivEnty- five, bonds numbered one to one hundred and Fenty-five inclusive, the issue of which is auction. dized by the Board of Railroad Commissioners of the Commonwealth of Massachusetts, and limited to one hundred and twenty five thousand dollars of dhe denomination of one thousand dollars each, and Kevin date and tenor here with, and which is sc- used by a trust mortgage dated November see-
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ord; A. D. 1896, conveying to the International Trust Company all the franchises, lands, income, revenues and other property of every kind nout owned, or to be here after acquired by the Haven, Brookfield & Spencer Street Railway Company, subject to the terms and conditions of said Istust mortgage.
This bond whenever payable to the beaver, may be registered as to the principal in the name of the owner on the books of the Railway, Company, and thereafter every transfermenof to be effectual, shall be made on such books and noted hereou until registered to hearer,
For the purpose of creating a sinking fund for the payment and cancellation at maturity of the series of which this bond is one, the Rail way Company will set aside on the first day of for- ember in each year, beginning with the first day of November, A. D., 189, the sum of Two Thousand Dollars ($2000.)
This bond shall be valid only when authenticated by a certificate endorsed hurcon signed by the In- térnational Trust Company Trustee.
In witness where of the Harrow, Brookfield & Spencer Sheet Roadway Company has caused it's corporate real to be affixed to this bond, and the same to be signed by it's President and Treasurer this second day of November, A. D. 199.
The undersigned appointed by the Harren, Brookfield & Spencer Street Railway Company for that Burgos hereby approves this bond and certifies that it is properly issued and recorded in the books of the treasures of said Company,
President,
Treasurer.
-
115
(Coupon.)
The Harren, Brookfield & Spencer Street Galway Company will pay to the beaver hereof at the office of the Milanational huet Company, in Besten, Hass., brenty five dollars me gold court of the United States the first day of A. D., , being six months interest due that day on its first mortgage brand 10.
Treasurer. Trustee's Certificate, It is hereby certified that the within band is one of the series of bonds mentioned in the Deed of Trust referred to furein.
International Trust Company, Trustee,
by
Secretary. Now Therefore, this indenture Fitnesseth, that the Warren, Brookfield & Spencer Street Railway Company, in consideration of the promises and of one dollar to it in hand paid by the Trustee, the receipt where of is hereby ac knowledged, and in order to secure the payment of the principal and interest of the bonds afortsaid and every part thereof, as the same shall be and Forcome payable, according to the tenor of said fonds, and of the coupons there to attached, has given, agranted, bargained, sold, conveyed, transferred, Saveigned and morta aged, and by these presents do's hereby give, grant, bargain, sell, convey, Transfer, assign and mortgage unto the said barty of the second part, as huster, and its succes. for on successore in this trust, sell real estate of which it stands seized at the date hereof, and par- Frutarly the following real estate owned by it, to prit ;-
That certain hack or parcel of land situate
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on the south side of the main road, leading from the village of East Brook ield to Brookfield i paid non o Drickfield, bounded and described as follows, to mit ;-
Dequining at a point on the south side of dued road at the monthmeterly corner of land of George 26, Allow; thence running water ly cheny Land road six hundred (600) fact to land of Gen- Fry Mathewson; thence running southirly at right ingles with said road about sixty (60) feet to land of the Boston be Allang Bail Road Company; thence easterly by the said Boston &e Allaus Boail rad Couplings land about six hundred (600) feet to a point at the southwesterly corner of lana of said Allew, there running by hand of said
Allow to the point of beginning, And, in ad- dition to all of its real estate and the above particularly described real estate, all its road -bed, tracke, railway plant, machinery, electric autore and other electrical appliances and afen- avalue, rolling stock, care, poles, lines, writes and other property, personal and mixed of whatever description and situated in the towns of Nanen, Heat Brookfield, Brookfield and Spencer i said
Commonwealth, or wherever Situated; together mitte all and singular the privilegees and appu. rtenances thereto belonging, all things in action, contracts, claire and demande of the said Rail may Company as well in law as is equity, to- gother with all the route, issues, profite, income, Divileges and franchises growing out of or ap- pertaining to said projecto; and with full server outthe part of the trustee (so far as it law- July may ) to succeed to and enjoy all the rights, privilege, immunities audifranchises, corporate or otherwise, of said Railway.Com pany, to have and to hold the carbon described woherty, rights, franchises and haveleges unto the
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said party of the second part, Trustee as aforceaid, its sucessor and successors in said Trust, and their assigns; In trust, However, under the terms here of for the equal mo vala benefit and security of the person or hervide, firm war firma, and corporation on corporations, which chall bicome and be the lawgut owners of the said fonds. and coupons, without any preference of one bout over another, by reason of priority of issue or of any act ~ thing whatsoever."
Article ), Provided, however, that until default shall be made in the payment of principal or interest of said bonds to be issued hereunder, or some of them, or in performance by the Railway Company of any of the covenants of the said bonds or coupons, or of This Indenture, the Railway Company, shall possess, perate, maintain and enjoy all the franchises, rights and property of every kind counged by this deed of trust and every part thereof with the appartenances, and take and use the tolls, in - come, rents, issues and profits thereof in the same manner and with the same effect as if this deed had not been made,
(Article 11. And if the Railway Company shall will and truly pay the principal of said bouds, and every one of them, and all the interest there- how, when the same shall become due and pay- able, according to the meaning of these presents wand of said bonds and coupons, and shall well Tand truly perform and keep each and all acher its "covenants, promises and agreements herein con. banned, then and thereupon all the estate, right, title and interest of the said Trustee and its succ 'Essor and successors in the trust thereby created shall clase und determine; otherwise this instr- nment shall remain in force and effect.
Article 111. But if any default shall be made by the Railway Company in the payment of the interest on said bouds, or any of them, or any hart there of or in the payment of the principal sur
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of said bonds, or any of them, or any part thereof, When the same shall become due according to the tenor of said bonds and coupons and of this Anden- twee, or if the Railway Company shall fail faithfully to observe and perform any of the requirements made of it by said bonds and coupons or by this Indenture, and such default or failure shall continue for the space of ninety days after mitten notice thereof has been given by the Trustee, then and thereupon it shall be lawful for, but not obligatory upon, the said Trustee to terminate and put an end to the possession of said premises by the Railway Company, and to take possession of, operate and enjoy the said trop- enty herein before described, and the rents, issues, and profits thereof, for the benefit of the bond holders, i' much case the Trustee shall be entitled to the appoint. ment of a receiver, having such powers and duties and acting under such limitations as the Court max ing the appointment shall confer and improve; and the Trustee may also, or instead of so doing, and with or without taking possession, treat the whole amount of the principal of said bouds, together with all accru ed and unpaid interest, as limmediately due and payable, and thereupon proceed to sell and die- pose of, by one sale, or successively through several sales, all and singular the premises, property rights, interests and franchises furby conveyed and mortgaged, or intended so to be, or such portion thered as the Trustee may deem necessary, at public auction in said Town of Brookfield, upon euch terms as to credits, partial credits and security for pay- mont, as it may think profes or expedient, having first given public notice of the said place of the sale or sales, by advertisement printed once were, for at least six successive weeks in some news fa- per, published in said Town of Brookfield and said City of Boston respectively; and no other notice on demand whatso Ever to or uhow the Railway Gotany, except the said ninety days' mitten notice
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hvor to the commencement of foreclosure proceedings shall Be necessary, The Justice shall have the right to adjourn much sale or sales from time to time in its discretion, giving reasonable notice of each adjournment; and, after such ad- inning, de make the sale at the time and place to which The same may be adjourned, The Trustee is hereby further authorized and empowered, sither in its own name or in The name of the Railway Company, to make, execute, ac- nowledge and deliver to the purchase or purchases at buch sales good and sufficient deeds of conveyance of he so sold; and any sale made as aforesaid shall r. a perpetual bo, both in law and equity against the Bailray Company, and all persons claiming by, through or under it, from claiming the property, right, interests r franchises so sold, or any interest thereon,
And for the purpose a forsaid, the Trustee and each of its successors in the trust, are hereby constituted unirevocably the attorneys of the Railway Company. As Affecting the title to any property purchased of any Tuch sale, the facts set forth in any affidavit mulade wy the President or Secretary of the Trustee, and af- prended to the deed of conveyance, relating to the denne and manner of giving such written notice, or to the time and manner of giving notice of sale, shall wasnot be open to contradictions or dispute by any party for parties, but the same shall conclusively be dem- i'd to be true.
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