USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1895-1904 > Part 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
Out of the proceeds arising from such sale or sales, n Withe Trustee shall first defray the expenses there of (in- luding it's just and lawful charges for servicesand expenses, and reasonable allowance for attorney and "ounsel fers) and refund any advances of exper es reasonably made or incurred by it in operating, nantaming and managing the property or business la. If the Railway Company, while in possession and all payment made for taxes, assessments, insur- € nice and other proper charges afrow said premises and property. The balance of said proceeds shall
be applied and paid as follows, viz; If the said
te €
it
120
balance shall not exceed the aggregate par value of all the boude hereby secured, which may at the time be issued and outstanding, then the money shall all be applied in payment or partial payment, as the case may be, of the principal of said bonds, the several bondholders to receive the net proceeds in proportion to the amount of bonds held by them respectively and in the contingency herei pro- vided for, all coupons shall be wholly excluded from Sharing in the distribution of said balance of proceeds If, on the other hand, the balance of moceals available for distribution shall exceed the aggregate par value of the bonds at the time issu- I'd and outstanding, then the money shall be applied first in payment of the principal of the bonds, and next in payment prorata of interest, as represented by the outstanding mat- ured coupons, and (in case of distribution be- WirEn tro successive confron days) by a just proportional part of the several coupons then niext maturing. In making the distribution of said net proceeds on the interest account, the over dice coupons, whether still attached to the bonds or severed there from and own- ed separately, shall not be paid in the order in which they fall due respectively, but all shall be treated alike, san as amounts due thereou (to be paid in full or ratably, according to the amount of the balance of money available for the purpose) shall vary by reason of the com- frutation of interest on bald coupons from their respective maturities, If, after payment of the principal of said bonds and all interest, as aforsaid, computed to the time of making the hayment, any balance of said proceeds stile remain, the remainder shall be paid over to the Railway Company, or its assigns. Article IV. The foregoing provision for sale under the power of or Laid is cumulative
7
121
with the ordinary remedy of foreclosure by entry or suit therefor, and the trustee is hereby given also the right to make such foreclosure upon all of the property at one en time and in one proceeding, or upon portions of it bruceessively and in seperate proceedings, And the Railway Company hereby maires any and allrights I sale and redemption now or hereafter provided by the statutes of Massachusetts, It is further dis- tinctly understood and agreed that, upon and after the expiration of ninety day' notice in writing given by the Trustee to the Railway Company of any default by the Railway Company under this Decd, the entire principal of said bonds shall, at the election of the Trustees, be deemed immediately due and payable; and the Trustee shall not be required to signify its said election in any man- new other than by beginning a suit to foreclose or by proceeding to sell the mortgaged property. It is here by declared and agreed that anyone or more of the bondholders, or any person in his behalf of their behalf, may purchase the pro berty at any sale of the mortgaged premises, miether made under the power of sale heren before contained, or pursuant to a judicial decree; and that the receipt of the Trustee shall be a sufficient :0 discharge to the purchaser or purchasers for his or their purchase money, And if the sale besin haveals, each purchaser shall take good lille, notwithstanding that enough may have been at ready received to satisfy the debt hereunder, By whatever method of proceeding the mortgage may be foreclosed, the order and method of distribution of the net proceeds realized on a sale or sales of the property shall be as herein before provided.
Article V. Before proceeding to take possession of the mortgaged property, or to foreclose this deed of mortgage (whether the foreclosure be made by sale under said hower or othermie),
122
the trustee shall have the right first to require from the bondholders reasonable indemnity again af foss and liability that may be incurred by it in so doing; and upon the tender of such rea- Jouable Indemnity by the holder or holders of a majority of the bonds at that time outstanding and unpaid, whether such indemnity shall have been previously requested of them or not, it shall be the duty of the Trustee, in case of default on the part of the Railway Company, continuing for the above mentioned space of ninety days after written no- tice as afore said, and not brained as herein- after provided, to take such action, pursuant to the terms of this iced; as the party or parties tend- ering the indemnity may in writing request, Wall cases of any instructions or requests by bond- holders to the trustee hereunder the same shall be in writing and the Trustee shall have the right to demand proof of the ownership or legal holding of the bonds, the alleged holders or owners of which claim the right hereunder to instruct or request, or said "rustce, may require deposit of the said bonds. Article VI. The delay or commission by the Trus- tee in exercising the right and powers herein granted shall be helle to exhaust or impair such rights and powers, or be construed as a waiver thereof; but it is hereby mutually agreed that the holder or holders of a majority in amount of the bonds outstanding at the line of any default me a fore said on the heart of the Railway Company may, by an instrument in writing signed and acknowledged by him or them, atany time, wet Weer before or after the institution of foreclosure Precedings, Drain or instruct the Trustee to waire, any such default, provided almage that in such action on the fact of the bond- holders shall wetend to or be taken to affect any subsequent default, or im pai the rights resulting there how. The Trustee agrees.
123
wow default in the payment of interest on the land, Fonds, on any other default, on the mitter request of the holder of any of said bouds to give written notice to The Railway Company of any such default underthis indenture as the person requesting such notice de beque i shall allege to exist,
Article VII. The Trustee may act by agents or attorneys, and shall not be responsible for that act or omise- ons but shall be bound to use due care in their Selectmen and retention, It shall be liable only for-
Possession of, operating, controlling, managing and elting the premises and property aforesaid, or otherwise to
not be bound to recognize any person or party as a holder of any of said bonds mor to take any action wat his request, unless his bond or bonds are sub innitted for its inspection, or his ownership thereof is chemise shown to its satisfaction, and it may, if I so desires, require the bonds so submitted to be deposited with it and retained until it shall have completed the action requested by such bond holders. Article XIII. A is further agreed that the Trustee may at any time resign the trust by resignation del- Pored to said Railway Company, and that, in case fouch resignation, or of the removal or incapacity the Trustee, by reason of insolvency or other cause, the Railway Company shall have the right to now mate and appoint a successor to the said of- lice of Trustee, with the consent in writing of the powers of a majority of the bonds herericbefore described as secured freely at the time outstand- ma and unpaid; but aby vacancy of more than ( sixty day' standing may be filled by any Court Taking jurisdiction, on application of the out going a Trusted, or any person interested. No bond shall Herequired of any Trustee unless ordered by court for cause shown. Upon the appointment If any successor to the trust by either method
124
above mentioned, all the mortgaged or trust prop- erty shall immediately and without conveyance, Est in the new Kruste; but the outgoing Trustee shall, nevertheless, at the request of any person interested, but at the expense of the Trust, execute, acknowledge and deliver to the new Trustee such deeds & conveyance or other instruments in writing as may be appropriate to rest or confirm in the new trustee the mortgaged or trust property. Article XX. The Railway Company agrees, at all times, on request, to furnish the Trustee a schedule Showing with reasonable detail, the items of thees- tate, property and franchises conveyed by this mor- toage or intended so to be.
And the Trustee is hereby authorized in the exer- cise of its discretion, show the written request of the Board of Directors of the Railway Company to make partial releases from under the liew of this mortgage of any property included in this mort- gage which may become worn, damaged or otherwise unsuitable to be used in the operation of its road, and shall not be responsible in any event if such release, be made on receipt of a mitten certificate from some person ( selected by it with due care, for the purpose) that the security will not thereby in the judgment of such person be unreasonably impaired, the expense attend- aut being paid by the mortgageor.
And the Ballnay Company expressly covenants that it will apply the proceeds of any such prof- arte so realeased to the improvement of the nofer to hereby conveyed or to the acquirement of art ditional projecto equivalent in value to that releas sed, which should come under the bien of this mort- gage, or that it will pay the proceeds thereof to the Trustee to be held by it as a part of the property covered by this mortgage.
One vole or roles of the Board of Directors of the Caitway Company may be regarded by the True-
125
re conclusive evidence as to the statements of matters of fact recited therein, and it shall not berequired to investi- gate as to the truth thereal, unless requested so to do by a Folder of bonds secured hereby, nor unless satisfactorily. indemnified for its services and expenses and prosecuting such investigation,
Article 10. I poni the execution and delivery of this mortgage, and its record in one or more of the proper registries, the Trustee shall certify the entire issue of fonds and shall deliver the same to the President or measures of the Railway Company.
Article 11. The Railway Company hereby expressly com- wants and agrees to pay any and all taxes, assess- ments and governmental charges assessed or laid a por The property hereby conveyed or intended sorbe, and also keep said premises and property at all times insur. de vie such same as shall reasonably protect the insurable property, payable in case of loss to the Trustee as it's interest may appear. In case of loss, the Trustee shall allow the hisurance money received to be applied by the Railway Company toward the replacement of the property destroyed or injured if the Railway. Com- Vany 20 requests in writing, and shall upon such. Wequest, pray such money over to the Railway 60- upany for that purpose, on receipt of vouchers, accompanied by a certificate, signed by the Pre- ident and treasurer, or Vice- President and Trea- wer of the Railway Company, to the effect that said property has been replaced by new or additional plant property costing as much as the amount of more- wy froid OVEN on said vouchers; but if the Railway Company should not, within ninety days from the 2nd, request in writing to have the insurance money the applied, then it shall be invested by the Queste tu good securities and for part of the trust pro- berty and accumulations thereou, be subject to the provisions of this Indenture in like manner Was the other property hereby conveyed, except that
126
the bessession Though shall beheld by said Queste 1 until the securities are disposed of according to this Indenture.
Article 12. The Railway Company covenants and agrees to cause this Mortgage or Need of Brut to be recorded and filed both as a mort. gave of real estate and of personal property no such manner and in such places as may be required by the laws of any state in which property now or hereafter embraced i this deed ando be situated, so as to preserve and protect the security of the bondholders and the rights and remedies of the Trustee. The Railway Company also agrees hereafter, from time to time, during the existence of His Trust and Mortgage, to make, execute, acknowledge and deliver all such Arather instruments and convenances de, " the opinion of the legal counsel of the Truster may be necessary or proper to facilitate the execution of said Trust, or to further secure said bonds, all of which additional instru- monte and convenances the Railway Company agrees to keep properly filed and recorded. Article 13. The Baitray Company covenante that, as the coupons attached to the bonds secured hereby mature, they shall be paid by it and can- celled; and it is agreed that to purchase or Jale of, or Praw middle of or upon said coupons on behalf, at the request of or at the privity of the Railway Company, whether before or after maturity, and not redemption of the said coupons In any quarantor of the payment of the same, shall cheate as keeping the said coupons alive or in force as a lien upon the mortgaged premises, as against the hot. det of the bonde secured hereby, and of the coupone annexed thereto.
Article 11. The Railway Company covenants and agrees that, for the hurtuseof creating
6
127
a sinking fund, for the redemption, purchase of pays rent and cancellation of the bonds, or the coupons attached to the same, either or both, issued inder this Indenture, it will set aside or cause to be set aside, on the first day of November, in each year, beginning on the first day of November A. D., 1899, until the maturity of said bands, the sun of two thousand dollars. It is agreed that this fund hall be and remain in the hands of the trustee, but shall be safely invested in such form and in such securities as the Trustee may determine, rappropriated to the purchase and cancellation, for maturity, of bounds issued herunder. Article IS, The Railway Company will also, at any and all times, upon the written request of We Trustee, furnish to the Trustee, upon blanks provided by it for the purpose, a statement m writing showing accurately the Railway Company's financial condition, including in such state- ment especially an exhibit of the Company's care ings and operating expenses, ginw month ly routh, for and during a period of at least a year prior to the time of making such request, Article 16, The term Trustee" as employed in The instrument, shall be taken to anean the Trustee wereunder for the time being, whether said party of the second part or successor of successors in said trust, Every such Trustee shall, viv all anattere involv- inglactive duty or interference with the Trust, bc entitled to suitable indemnity against all loss, iability and expenses; shall be entitled to the advice of counsel in all matters concerning the trust; and shall be entitled to reasonable com- ration for services, and to receive, on demand, fall sume due it for services and expenses, which come shall be a first lien on the property here- by conveyed and all the property in its hands belonging to said Trust
Article IT. Notwithstanding anything herein-
128
before contained, no Trustee hereunder shall wany event have any duty ir responsibility as til the validity here of, or the security here- ty afforded, moras to the execution, ackenout- edgeinen, recording or renewal hereof nor (unless and until said Trustee is called uhow to take active measures to enforce the security by foreclosure or otherwise with due indemnity as to insurance, taxes or repairs, or any other matter affecting the security; and in general, it is understood that frior to being so called upon, its sole duty is confined to certifying the bonds as of the Veries mentioned herein, and acting as Trustee of the Railway Company, In the payment of the bouds and compour secur- ed here by The representations heren con- tained are those of the Railway Company and in no sense those of the Trustee! Article 18, Should any bonds finally due end payable hereunder, not be duly presented for fragment and cancellation, the Mailway Com- kany may make deposit with the trustee of such sum of money as is then due on account thereof, and the coupons there to belonging, which way- ment shall be a full discharge as between the Company and the holder. The holder shall there- after look only to the de posite so made, which shall draw no interest. In witness whereof said Harren, Brookfield & Spencer Street Railway Company has caused these presents and two counter parts hereof to be executed in its name and behalf and under its corporate seat by A. Summer Myrick, its Pres- ident, and George A. Butman, its Treasurer; and said International Trust Company has caused there presents and five counter- parts hereof to be executed in its name and behalf by JohnM. Graham, its President, and
129
it's corporate seal to be affixed to the same and attested by Henry Lo, Jewett, its Secretary, the day and year first above written.
Warren, Brookfield be Spenew Street Railway Company by A Summer Myrick President.
Real
George A. Gutman Treasurer. International Trust Company, by John M Grahame President. 16 L Jewett
Real
Secretary, Commonwealth of Massachusetts, Suffolk, SS. Boston Nov 13th 1896 Thew personally appeared the above named A. Summer Myrick, the President, and GeorgeA. Butman, the Treasures, of said Harrow, Brookfield be Shenew Street Railway Company, and acknowledged the foregoing instrument to be the free act and feed of the said Harrow, Brookfield & Spencer Street Railway Company
Before me Albert & Sanford Justice of the Peace. (Attest
Chas B. Shair Jouw bleck Received and recorded November 13th 1896 at 5-16 O'clock P. M. Chas B. Blair Jour Clerk
¿
130
Know all men by these Presents. that it Glif- ford Durand of Warren, County of Worcester and Commonwealth of Massachusetts, in con- sideration of seventy five dollars to me paid by Charles Ho, Walker of said Harren the receipt- Where is hereby acknowledged, do hereby grand sell; transfer, and deliver unto the said Charles to, Walker the following goods and chattels,
The certains two wool carpets containing the yards. The certain 50 yards of Shaw matting, The curtain 8 yards of Stain Carpet The certain 14 curtains The certain I Extension Table, and The certain Oil-Cloth for kitchen, (All said Carpets, matting, Curtains, Table
and oil cloth, bring same property by me lately purchased of him said Halker, and all which property is now in and about my home residence in lower part" of the"center village" of said. Harrow; also, (hereby convey), in consideration afore. said) my certain property situate and bring in and about my barbershop or rooms by me leased of Hh H. Fairbanks ni said" Center village" viz :- Two barber Chaire, tie arm chair One Stand, thro mirror, one Store, One oil Store and one Little Three lamps and all my mugs and the Case for said Auge,
To have and to hold all and singular the said goods and Strattels to the said Charles f, Walker and his executors, administrators, and assigns, to their own use and behoof forever. And I hereby Covenant with the rinder that & am the lawful owner of the said goods and chattels; that they are free from all incumfrance. that I have good right to sell the same asafon. said, and that I will marrant and defend the same against the lawful claims and demands of all hersous, Provided, merrethe-
131
Less, that if I, or my executors, administrators, or assigns, shall pay unto the vindue, or his executors, administra- low, or assigns, the sum of seventy five dollars as follows, vigi Seven dollars and fifty cents at the ex- piration of each and every month from the date here- of until seventy five dollars is fully paid asstated es
in a note of ever date signed by me; and until such payment shall keep the said goods and chat. tel instued against five in a slew not less than Seventy five dollars for the benefit of the vender, and his executors, administrators, and assigns, in such form and in such Insurance Companies as they shall approve; shall not waste or destroy the said goods and chattels, non suffer them or any part there- of to be attached on mesure process, and shall not except with the consent in writing of the vendee or his representatives, attempt to sell or to remove from said Shop and residence the lance or any part thered - then this deed, as also the a foresaid note, i shall be word,
But upon any default in the performance or observance of the foregoing condition, the vender, or dis execution, administrator, or assigns, may sell the said, goods and chattel, at public auction, first guizza ten days notice une in writing of the time con ud place of sale to me or my representatives, or put. listing such notice once a mak for three successive weeks in some one newspaper published in said County. And out of the money arising from such F, sale the vinde, or his representations shall be cu- lifted to retain all came then secured by this anor. gage, whether then or thereafter payable, including tall costs, charges, and expenses incurred or sustain- ed by them in relation to the said property, or to wedischarge any claims or liens of third persons affecting the same, rendering the surplice, if any, to met or my executors, administrators, or assigns, And it is agreed that the vendee, or his executor, administrator, or assigns, or any person or persons
132
in their behalf, may purchase at any sale wade as aforesaid; and that until default in the performance or observance of the condition of this deed, I and my executors, administrator, and assione, made retain possession of the above mortgaged property, and we use andenjoy the same, but after such de fault, the vinder or these claiming under him may take immedi- ate possession of said property, and for that fur- pose may, so far as i can give authority there- for cuter refrom any premises ou which said moperte or any part thereof may be situated, and hemon the same there from.
In fitness There of Is the said Clifford Durand hereauto set my hand and seal this ·first day of December in the year one thous- and eight hundred and ninety six,
Signed, and sealed in
prevence of Minnie & Washburn Clifford Durand Real
Beceind and recorded December 3ª 1896 at 3-38 O'clock P. M. Attest
ChacSERfair Otoww bleck
133
Know all new by these Presents, That IS, Charles As Nichols o' Hares in the County of Horester, Hast in consideration of handy fire dollars to me paid by George & Clark of said Haven the receipt where of I do hereby acknowledge, do hereby assign and transfer to said George & black all claume and demande which I now have and all much, at any time betonen the date hereof and the first day of December 1897, Imay and shall have aquins Frank Stativ, Edward States and George 16. Faulkner, Coparties under the name of The Slater Engine Company of Said Warren or either of said copartners or said partners in their . 60 partnership capacity, for all Jums of money tue and for all plums of money and demand, which, at any time between the date hereof and the said first day of December 1897, way and hall become due to me, for services in the employ of said company or either of said copartners to have and to hold the same to the said George 8. Clark his executors, administrations, and assigns forErEL.
And I, Charles A, Nichols do hereby constitute and appoint the said George & Clark and his assigns, to be my attorney irrevocable in the premises, to do and perform all acts, matters and things touching the premises in likes manner to all intents and purpose, and could if personally present.
on withness Where I have set my brand and Seal, thuis Eighth day of December 1896. Signed, sealed and delivered, my presence of Eleslawyer
Char. S. Nichols Ceal
Received and recorded December 8th, 1896 at 2-45 O'clock 9, 10
Attest Chas , Blair
Town bleck
1
134
Waren Mass Sept 1at 1896 hereby que 6.E. Black authority to act as any agent in colectiva the payments on the Hote Given by 26 ? Aquith in payment for the restaurant and Dining Roomes in town hall Block and use my name in Selling or conveying the same Chas F Jubbe Received and recorded December 24 the 1896 at F-17 O'clock . No Attest Chart, Blair Town blesk.
Know all men by these Presents that , Fred F. Lubbe otherwise called Charles F, Jules by Charles &, black my attorney thereunto duly authorized the mortgagee named in a certain mortgage of personal property given by H. H. laduithe to me the said Fred F. Duble dated September 11th A. D. 1896, and re- corded ine Records of Mortgages of Personal Choperty in the Bleck's Office of the Crown of Warren, Mass, libro M, folio 95, do hereby acknowledge that it Have received from ". H. Jaquithe named in said mortgage, full payment and satisfaction of the same, and in consideration theedt do Hereby cancel and discharge said mortgage, and release unto the said H. H. aquithe the personal properly thereby sold and transferred.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.