USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1903-1915 > Part 13
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article 111. Redemption Of Brands.
The mortgageor may at its option call in and redeem all or any of the bonds issued here. under at 103 and accrued interest on viazzy interest day after June 1 et, 1907, and in case I shuff elect to redeem twee than the whole
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cumber of lords at any time outstanding it shall draw by lot as many bonds as it shall elect to pray, and in either trent shall give notice by publication of its intention to redeem Low an interest day to be therein named, at least once a week for four (4) successin nacke immediately proceeding such redemption , day, in com newspaper publiched in Boston, Mass, speci- fying thereis the numbers of said boude drawn and to Wurdemed in the time and place of payment. Bryon such redemption day "specified in such notice the mortgageor chall deposit with the trustor , an amount suficient to redeem all of the bonde so specified with all unpaid coupons attached, and after such redemption day the londe chall cease to bean interest and the coupons for interest cubee- quent to that day shall be void and such lowde shall claes to be entitled to the liew of this indentive. All bonds to redeemed shall forthewith br - cancelled or destroyed by the trustee who shall immediately make and deliver to the mortgageor a certificate of such cancellation and electric. tion. 1
Article IV. Remedies Of Truster Andi Bond, Hierdere Upon Default Sections 1. If default shall be made in payment of any principal or interest herety secured, or in any payment hereby required to be made to the sinking fund , or in the payment of any tax, resecement or levy made upon the property, und such default shall continue for thirty (30) diage, or in case default chall to made by The motgayou win the performance the courants ou agreements herein contained in its part to be kept and performed, and such default shall continue thirty (30) days after the times when such covenant or agreement should have been performed by the monthgar
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according to the terms of this indention, or if the mortgageor shall be , dissolved or go ou be put into bankruptcy, or if a receiver shall be appointed of its property, then , and in any of card cases the total amount of the principal of said bonds, together with all accrued and unpaid interest thereow funless such default Is waived by the holders of a majority of the
louder than outstanding), should be deemed and declared by the trustee to b forthinth due and payable, and notice of euch declaration shall be gren to the mortgager. The mortgageor shall if required by the trueter, immediately surrender possession of all and singular the mortgaged. fremines and property of Every part and description to the trustee, and the trustee may, and if re- quested in writing by one-third in amount of the holders of the bonds then outstanding and infraid, shall , after entry or without Entry, sill said mortgaged property in whole or in front, or in its discretion different portoins at different times, at public, auction in such place in Boston, Mais, , or Elsewhere, as the trustee may determine, first giving notice of the time and place of any such cale by publiching the came once for throw (3) succesein wrike in at least one newspaper publiched in Hawn, Massachusetts, if any, und in one newspaper published in Breton, Mare, and by such other publications as the laws of Marcachucette shall require in euch carre, and chall conny the property so cold by proper and sufficient, dood or diode thereef in the name of the mortgagor, and such sale or sales shall be a per- petual bar both at law and in equity against the mortgage, and all persone lawfully claiming or to claim by, through or under it. The receipt of the Auth In a sufficient diechange to the purchase or punchacer -ut euch sale or sales for his or their purchase money, , and euch
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Junhacer or purchasers, his or their assigne or Animal representatives, shall not, after praying. such purchase money and receiving such receipt of the trustee therefor, Is obliged to are to the application of euch purchase money, or bo in any wvier anewerable for loss, misapplication or non-application of each purchase money by the trustee.
Section 2. In case of the breach of any of the conwants or conditions of this indentun the trustee shall have the right and power To take appropriate judicial proceedings for the enforcement of its rights and the rights of the for & holders hereunder provisions herein as to Entry and pale bring intended , as cumulative and not exclusive of the ordinary remedies of mortgages in case of default or breach of con- dition ). It shall be obligatory upon the trustee to take action wither by such proceedings of by the preview of its powers with respect to entry or vale as it shall determine, whenever any breach shall have continued for thirty (30) days, now being requested so to do by one-third in amount of the holders of said bonds then alstanding, , and upon bing indemnified we hereinafter provided . Ao fond holder or loud haders shall be entitled to take such pro- cording except in case of the refureal or neglect of the trustee to act after sich continued breach and such request, and- tender of indemnity
Section 3. Whowe are filing of a bill in Equity or other commencement of judicial fre- cordinge to enforce the rights of the trustee on of the food holdere under these presente, any compe tout court of juridiction may appoint receiver or receive, of the property hereby mortgaged, and of the income, vale, verres and profits thereof, pending such proceedings, with such
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fourre as the court making euch appointment shall confer. Section 4. Uhow any cale bring made wither under the power of sale hereby given or under judgment or decree in any judicial proceedings for the for- closure or otherwise for the enforcement of this indenture, the principal of all bonds then outstanding and secured hereby shall , at once beom and to due and payable.
Section 5. At any euch cale the trustee or any of the bond holders or any committee on person in its or their behalf may purchase the mortgaged property, pro- arded, however, that the truetie shall not & author- ized to bid on behalf of the holders of said bonde a Rum exceeding the whole amount of bonde then out- standing with accrued interest thereon, the cost and Expenses of foreclosure and reasonable commecl and atomaje fere and compensation for the trustee. Section 6. Jong purchases at any euch cale may in forgeny purchase money turn in any of said bonds and hereby secured in lieu of cash to the amount which shall upon a distribution of the net proceeds of such cale be payable thereow. Said bonds and coupons, in once the amount so payable thereon shall be less than the amount due thereow, shall Is returned efter bring properly stamped to show partial pay- mint.
Section 7. If at euch cale the property we purchased by the trustec, it shall hold the same for the benefit of ill holdere of donde then outstandingin proportion - to their respective holdings of bonds and unpaid coupons.
Suction ?. The proceeds of any euch cale on sales, together with any other cums which may them to held by the 1 to, under any of the two. visione of this indenti as part of the trust state of the proceeds thereef, shall be applied as follows: 1. To the payment of the evite, charges and
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Expenses incurred in making such sales and in the execution of this trust, including a eaconable compensation to the tructes, its agents, torneys and councel , and all advances made and lia- ilities incurred by the trustee in the execution of this trust, and all taxes, accessments , liens Nother. harger upon the trust property, having priority to the in of this mortgage
2. To the payment of the interest coupons herety cured and then outstanding and unfraid, provata, without preference or priority.
Is the payment of the principal of the boude then outstanding and unfraid, pro vata, and without reference or priority.
Any surplus then remaining, to the mortgages, I successor or accigne, or to whomsowie may a haufully entitled to receive the same.
Article V. Rights Of The Trustee In Case Of Entry. In the runt that the truster shall make anyentry "how the mortgaged premises or any part thereof, it shall be authorized, but not required , to carry on the business of the mortgagor in and upnow and with the premises intered upon, to such extent and in such manner as it may deem advisable, and for the abou purposes may employeuch agente, as it deeme proper, and generally may to all such things and enter into euch agreements respecting the premises on the management of the same as it could do if t ward, absolutely entitled thereto, but without ing responsible for any loss or damage that may be occasioned thereby, and shall ply the vente, profite and income to the eline objects are hereinbefore provided in care ale.
Article VI. The trustee is authorized to appoint and employ it the sapence of said that estate Based
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agente, and attorneys as chall bo reasonably necessary in the Execution of the truet hereby created, and shall not be ancurable Except for culpable negligence in the selection.
Article VII.
The trustee shall not Is required to take action under the terms of this indenture unless rea- sonable indemnity shall be furnished against the loves, trouble and rakener to which it may to put in so doing , and shall have pour to submit all controversies arising under this indenti to arbitration
Article VIII.
Immunity Of Stockholders, Officers And Directore. It is howby Expressly agood by any person who shall take or hold any of the bonds secured hereby that the Existing or future officer, directors or stockholders of the mortgage shall not be individically liable, and that no recourse shall be had to any officer, stockholder or director the mortgageor by virtue of any statute of constitution, or by accecement or otherwise, for the payment of the principal or internet of any of said bonds, or for the Enforcement of any covenant, aquiment or liability as- sumed by the mortgages in this indenture. Article 1X Concerning The Truetee Section 1. If at any time the trustee hereunder may resign or its office become vacant, a majority in interest of the bondholders may by an metu- ment or instrumento in writing appoint a trustee or tructice to fill euch vacancy, and at any time bfor such appointment by the bond holders the mortgageor may by written instrument appoint atmy travel company in the city of Boston to fill such vacancy until euch appointment by the bond holders.
Section 2. The mortgages and the trustee shall upon reasonable request execute and deliver such further instruments and
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do such further acts as may be necessary or proper to transfer to any new trustee of trustees the cetate, houve, instrumente of funds held in trust herunder. Section 3. The trustee may resign by giving written notice to the mortgagev, and by publishing a notice there of to the bondholders at least once a week for four (4) successive wicker in any newspaper frul. licked in the city of Honester.
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The trustee hereby accepter the trusts aforesaid, and agrace to raccute them whow the terms, conditions , and provisions herein contained, and wither agroce forthwith uhow the Execution and delivery and due recording of this indenture to ustify bonds to the amount of one hundred thous. wind , dollars ( 100 ,000.00 ) and deliver the same to the mortgagor for isene.
Citicle X Discharge Of Mortgage. The unete shall upon request of the mertgagar cancel and liverwas the trend of theer presents, and, Execute , and deliver to the mortgagor such deed asphalt requisite to satisfy the liew hercin , and recomvy to the mortgageor the state and title hereby conveyed, whenever all indebtedness secured hereby shall haw ban naid , and for this purpose bonde for the redemption of which money shall have been deposited with the trustee shall be deemed to be paid. Article XI.
Whenever in this indenture Either of the far. is haveto is named or referred to, such designation shall be deemed to include the successor, on successors and acsigns of euch party, and all covenants, momices and agreements in this indenture contain d by or on behalf of the mortgages, or by on on half of the trustee, shall hind and inuse to the ruefet of the respective successore and aelignes of each partite, whether to theseed or not In Witness Thereof, in Implicate, Havran Steam Jump Company, party of the first part,
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have caused its corporate scal to be hereunto of- fixed and there presents to be signed by its pres- ident and treasurer, and the Worcester Trust Company, freddy of the second part, has caused its corporate what to be herevents affixed and these precenter to Is signed by its the day and year feel about written.
Seal
Hanon Steam Jump Company, By Wilson He. Fairbank President. Frank F. Phinney. Treasurer. Dimester Trust Company, seal By Samuel Ho. Clary Treas.
Personally appeared Hilson He Fairbank and acknowledged the foregoing instrument to be the five act and deed of Hamn Steam Jump Company, before ma -
Seal
J. With Tyler Notary Public for the City of Norfolk State ofVirginia.
nowledged the foregoing instrument, to In the five ist and died of The Houseter Trust Company, orjour me-
Bartice J. Sawyer Justice of the Grace.
Received and recorded June 5. 1907, at 8. A.M. attest DM F. Duncan Jour Clerk.
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of the men go ye creed
Calvin& Whatche.
have received poput & salesfaction
Know all men by thees presente that ?, . Whittaker Nakon in the County howcenter, Commonwealth of Massachusetts in emorder terug 7 un Hundred Dollars paid by Qatarn D. Mistake Turners Falls, in the Country of Franklin the receipt whereof is hereby acknowledged, do herebygrant, Il, hansfor, and deliver cento the said Oulan " Whitaker the following goods and chattels Family:
Nina cows, and hoved, tres harnesses, all the farming tools , wagons , and fouls , moving machine hover rake and all other tede und implemente now situated and bring on the premises owned byim - the town of Haven.
Je war band to hold falls and singular the e and goods and chattels to the said Talan D. Whitaker and his executors, administrators, and assigne, to their own use , and they
And I hereby covenant with the under that I am the lawful owner of the said gode und chattels ; that they and free from all incumbances, that I have good night to all the same as aforesaid; and that I will eranant and defend the same againmet the lawful charmes rend demander of all hereone
Provided nevertheless that if , or my recu- Low, administrators, or assigns shall pay unto the vendee, or his Executors, administrators, or assigne, the sum of Four Hundred dollars on demand with interest as stated in a note
wayment shall keep the said goods and Little
Four Hundred Dollars plov the I the under and the executoresvan ministratore, in euch form and in such 6. avance Companies as they shall adefender,
a rummet.
do herty
schagen sauce
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shall not waste or destroy the paid goods and chattels, nor suffer them or any part thereof to be attached on meine process. and shall not, except with the consent to writing of the vender or his representative, attempt to sell or to remove from Hamn the same or any part thereof, then this did, as ales the aforecard note, shall be void.
But upon any default, in the perform- ance on observance of the foregoing condition, the vinde, or his Executors, administrators, or assigns, may call the said goods and chattels at public auctions, Just giving ten days notice in writing of the time and place of sale to me on my representatives, or publiching for three excessive make in some one neu- fraper publiched in said Hanew. And out of the money arising from such sale the vinde, in this representative shall Is entitled to retainwall then secured by the mortgage, whether then or thereafter payable, including all costs, hargre, and scheuses incurred or sustained by him for them in relation to the said property, or to discharge any claims or liens of third persons affecting the same, rendering the surplus, ifany, to me or my executive, administrators, or aseigne. vd it is agood that the vinde, or his executors, administrators, or assigne, or any person or persons in their behalf , may purchase at any sale made as aforward ; and that until default in the performance or observance of the condition of this deed &and my Executors, administrators, , and areigne, may retain percussion of the alow mortgaged property and may use, and Enjoy the cami, but after such default, the vindee or those claiming under him may take immediate possession of said property and for that purpose may, so far as can you authority therefor, inter upon one which said property
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want thereof may Is situated, and remove The same therefrom.
In witness where of the said Mary Which hereunto get my hands and cell this tenth day of June in the year and thous. and nine hundred and seven Signed und sealed in Mary j. Whitaker. (seal presence of
Received and recorded June 12,1907, at 10.10 , a.m.
attest I'm F. Duncan Toun Block
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Commonwealth of Massachusetts. Description filed in the office of the Town. Clerk of the Town & ranow and of the secre- tens of the Commonwealth purewant to the powione of ecetion fifteen of chapter varity: two if the record and, in: For the protection of runes of cane, bottles, siphon, fountime and force weed in the manufacture, bolling or velling of soda water, mineral or arrated waters, die, tris, ginger ale ou similar limaque: Name" of person, firm, association, union or , con- poration, AH Fountain dev; principal place of Premier (Thet Harrow) Harrow , Massachusetts
Nature of business transacted, bottling and salling barrages. Kind of receptacle need bottles and boxes, Description of the name of names, letters, marks, devices or figures used, on bottle, the name of J. H. Fountain to., Sualong Hotel, They Haven, Mass, together with the und Registered blown in or uhow the bottle, on boxes the name of J. H Fountain To, together with the word Registered branded or otherwise produced thereare? I'm witness where of I have hereunto signed my name this third day ! of time, nineteen hundred and sercu. J. It Fountain Co. by 7. A Fountain Received and recorded firme 3 at 2.15 P.M. attest Hm F. Duncan Jones Click.
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Know all men by theer prevents that I Charles O. Rice of Warrin in the country of Worcester and Commonwealth of Massachusetts. in consideration of Five Hundred Dollars to no frand by Charles & More of said Haven. The receipt where of is hereby acknowledged, do werely grant, sill, transfer, and deliver unto the said Charles . Hover the following goods and chattele, namely:
One pair of black mares, Framed Kot and Mag and Each about twelve years old, One black man, named Mag. about fifteen franz old. One gray hoved, named Hod. about Jeftew
Suo moving wagons One Back Theor Joam Hagone One Tif Cart Two carry alle Ihre damages beingle) Said novere and property a low mentioned ung situated in my stable near Man- strict in card Waren and bring etable unid by 2V. B. Namedell cetate
To have , and to hold all and singular the said goods and chattele to the said Charles . Hover and his center, and- ministratore and assigne, to their own new and bhoof forever.
And I hereby covenant with the grandes that Iam the lawful owner of the said goods and hattele; that they are free from all incumfrance, the same sid ; and that I will warrant and defind The same against the lawful claire and envaseds of all for rounded nevertheless that if I on my Enoutre; ministratore, on recense,
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shall pay unito the grantee, or his Executors, administratores, or assigne, the sum of Five Hundred Dollars On demand. with interest as stated in my note of en date signed by and anti auch fragment strait keep the said Borde were chattete inverred. againet for in a room not less than a reasonable amount telbar for the benefit of the grantee and his executors, administratore. and assigne, in euch form and in such In- surance Companies and they shall approve; shall not waste or destroy the card goods and chattels, nor suffer theme or any part thereof to Is attached on miene process, , and shall not, Except with the consent in writing of the grantee - or his the same or any part thereof,- then this doud, as , also the aforesaid note, shall boord. But upon any default in the performance the foregoing condition, the manter, ou hie executives, administratore, ou aveigne, may sell the said goods and chattels at public auction, first giving ten days notice in writing of the times and place of sale to nic on my representatives, or publishing such notice once a work for three successen wicke in some one es evid County & Horcenter Cal, the money areing from euch sale the grantee, or his representative shall be entitled estain all comes then scores by this mortgage. whether then or thereafter payable, including allest. charges and Expences incurred or sustained y them to wintien to the said property, to discharge any claims on line of third feed
any, to me or my executors, administratore, or acende.
And it is agreed that the grantee, or his Executors, administratore, for assigne, or any person or persons in their behalf,
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may purchase at any sale as aforeward; and that intel default in the performance on when traces of the conditions of this card fand my Executor, administrators, and accione, way retain persession of the above mortgaged neperty and may ver and enjoy the vanice, at after auch default, the quarter in these claiming under him may take immediate hoscession is said furperty, and for that hurhver may, so far as I can give uthority therefor inter upon any premier which said property or any part thereof Is extracted, and remove the same therefrom. av witnesses whereof of the said Charles . Sice hereunto eat my hand and eval this Second day of july the year one thousand in hundred and Seven."
Signed, sealed and delivered in presence of Carl H. Blair
Charles EnRice
Precisad and recorded July 8 1907 at 10:30 A.M. attest MM F. Duncan Toun block
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Inow all min by theer presents that I. albert Segiel of Hamn Forcecter County Maccachucette in consideration of Scon Hundred Dollars fred by Martine Miciaczek of said Hamn the recept thereof is hereby acknowledged, do herty grant, sill, transfer, and delin unto the said M the Misiaczek the following goods and chattels, namely :
1 Refrigerator, Não fixtures. Stock of merch an diec and all articles for hverness werd in my stow in Shea's block of South street in thet also, bay hoved 12 years old I meat cart 2 Express nagona 2 eleighe 2 Harness.
To have and to hold , all, and singular the said goods and chattels to the said Martin Niecaezek and his executor, administratore, and assigne, to their own wer and takoof forever.
And I do hereby covenant with the sender that I am the lawful owner of the said goods and chattels; that they are free from all incumbrances, that I have good night to sill the same as aforesaid; and that & will warrant and defend the same againet the lawful charme and denvandes of all persons Provided ventheless that if You my Executores administrators, or acigne, shall hay unto the vender, or his executors, administrators, or acigne, the sum of Seven hundred dollare. on demand from this date, with interest as stated in a note of snow date signed by ma, and until sich fragment, shall not warle or destroy the said goods and chattele, nor suffer them or any part thereof to Is attached on meine process, and shall not, Except
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with the consent in writing of the video this representations, attempt to sell or to comer com Haven except in the ordinary course of veness the same , or any part thereof, then his dord, as also the aforesaid note, shall vid.
But upon any default in the performance observance of the fourgoing condition, the under, Ihre executores, administratore, or useigno, may all the seed goods and chattele at freeblue uction, first giving 10 days notre in continy the time and place of sale to me or my represenature, on publicting sich notice nice a work for three successive weeks in com newspaper published in said Horester County And out of the money arising from uch wale the vender, or his representative full be Entitled to retain all cums then. secured by this mortgage, whether them or Thereafter payable , including all costs , hanger, and expenses incurred or enetained y him or them in relation to the sand property, or to deschange any claimer or of think personer affecting the same, Elving the eurflere, if any, to mie in my recutore, administrative, or assigne. - And it is agood that the vender, or is executors, administrators, for assigne, or. my person or persons in their thaty, may hurchase at any vale made as aforex aid; Wand that until default in the performance. I observance of the condition of this dead and my Executive, administrative, and weignw, may retain possession of the Facea mortgaged property and may use I Enjoy the same, but after euch out the vender or those canning vonder him may take immediate losses wine of said property , and for that
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