USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1903-1915 > Part 3
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Amajority in interest of the de- henter then outstanding present
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at each meeting shall control auch appointment. a record of the choice made at which meeting recorded in the offices of the Riquiter of Desde, Middle- Dex County, Southern District and Mor. center. Detract, Massachusetts, chatt Just The Couch any chall call each meeting if thereto equested by any debenture walder Ucould ar successor in the trust be chosen by the debenture holdere, a successor or successors to till the vacancy in the trust may Be appointed by - application at the cost of the Company to any court of competent jurisdiction in which any part of the mortgaged property. ay is estimated. Togne- Trustee or
1 terras created with all the i rid pro. party, rights, howers and truste grant. ed or conferred whom the Trustee when auch new trustee shall succeed with the like effect as if named as Irmeter hereunder, and the Trustee or Trustees to resigning or removed and also
the trust is all on the written re. to of the mer Inster of trustees. y be appointed, but at the tely make, acknowledge and deliver to the successor in trust such deeds, covenants, assignments and instrin. ments as shall be necessary and sufficient to eat wie and confer whow much successor all the rights and powers conferred by this instin ment or intended to to be.
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article XVI. The Company for itself, its successors a assigne hereby covenants and agrees with the trustee in manner following, that is to say: 7 of this instrument permit or suffer the making of creation of any mort. gage or lien whom any part of the property hereby mortgaged. " 7 purporting to have priority to or vandring or parfait equally with the
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2 and by the debentures hereby secur. é d.
(2) During the continuance of this security the Company will pay all the principal money and interest becoming the in respect of the deben. twee respectively and will observe and perform the several conditions
curity the Company will at all time cause to be kept an accurate register of the debentures showing the number I the amount of each debenture i'd the date of issue and also in see if every debenture that is for the being registered the name and address of the registered holder and Il allow the Trustee, and the register led holder of such debentures as are registered or any persone authorized As them respectively and the bearers of debentures not required at all. Hearunable times to inspect the said 1
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1
tracks from the same. (4) During 1. 1
security the Company, ike - and assigns will keep - and cause to be kept all buildings, fixed plant machinery and other property of an incurable nature forming part of the mortgaged property insured against Goes by Live in an amount equal to two- thirds of the full value, and in
office or offices as shall be approved by the Trustee, and will duly pay all premiums or other sums of money payable for that parforce and med iately activity cards fragment (if required) deliver to the Truckee the recontacte con the or 1. - will apply all money to be received by virtue of S & chicy a na hring food any loss or damage which may have been occasioned to the property to moured.
(v) During the continuance of this security the Company, its successou. and assigne will pay and - charge M. auce to be paid and diachi pet
due and payable all taxes, water rates, assessments, rental charger and other charges whatsoever that are now, or may at any time here after be charged, assessed or unproced on the mortgaged preturile
(1) The Clay at the times of the cering 2. de .....
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right, estate and inheritance in the imple of, in and to all and singular The property owned by it constituting the raid property described in the tule "" hereto attached and formaf fo hereaf with the appartenances and the livet & bart hereby transferred
cumbered of and from all former av Ther grants, titles, charges, citates judgments, taxes, accessments and encumbrances of every kind and ma. ture.
Article. XVI. Upon proof to the reasonable satisfac. L tion of the Trustee that all the deben. tures entitled to the benefit of the trust herein contained and at any. time issued have been paid or satisfied and payment of all costs, charges and expenses incurred by the Trustee inre. lation thereto, the Trustee shall, at the request and expense of the Company, lite successore or accique, reconvey, wetransfer and redeliver to its suc. acercare and artigue the real estate and other property. he and transferred if ta -
article XVII Lection !. Meetings of debenture holders twoway he convened in the City of New Fork by the Trustee and shall be con med by the water on the request writing of the holders of one fourth in value of the outstanding debentures, and in the event of the referral or neglect of the Trustee for thirty days
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after each request has been deliver. ed to the Trustee to to convene such meeting or meetings of debenture hold. er, the holders of one- fourth in value of the then outstanding debentures convene the same, and motice of the keine, place and purpose of such iet f and meeting shall be given by advertisement once in each week for four successive weeks next preced. of the times fixed for each meeting, in a daily newspaper published in the City of new york, and in a daily newspaper published in the City of London, Singland, and aler by addressing a copy of such notice through the mails to the registered holder of each registered de fire at his address in the register, if such address be within the United. Stakes, at least seven days before weich meeting; and if elsewhere at last thirty days before auch meet. ing. Every notice shall state the nature of the business to be trans. acted at the meeting thereby convened. Lev. 2. At any such meeting persons hold. ing one- fifth of the nominal amount of the debentures then outstanding and present in person or by proxy, shall form a quorum for the transaction No business shall be transacted at any meeting unless the requisite quorum shall be present, in person or by proxy, at the commencement of the meeting. Lec.3. Lone person nominated by the he shall be entitled to take the
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hair at every such meeting. Of no auch Laminated shall not be present within fifteen minutes after the time for hold. ing the meeting, the debenture holders present shall choose one of their
Ser.4. Of within half an hour appointed for the time of any meeting a quorum : i not present the meet ang shall stand adjourned to the same day in this 7 Places and 1 ing a quorum is not present the debenture holders present shall form a quorum and may transact any business which a meeting of debenture holders is competent to transact. Lec. v. Every question submitted to aromas! ing of debenture holders shall be decided in the first instance by a show hands and in case of an equality of votes the chairman shall both on the show of hands and at the holl have a casting vote in addition to the vote or votes if any to which he may be entitled as debenture holder.
Lec. 6. At any general meeting of the debenture ?
holders present in person a declara. tion of the chairman that a resolution particular majority or lost or not. shall be conclusive evidence of the
Lec. 7. If at any such meeting. a. L.
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ture holders present in person !! shall be taken in such manner and either at once or after an adjourn. ment, as the chairman directs, and the result of such hall shall be deemed to be the resolution of the meeting at which the holl was de. manded.
Dec. 8. The chairman may with the con. sent of any such meeting adjourn the same from time to time.
Dec. 9. Any poli demanded at any such meeting on the election of a chairman or on any question of adjournment shall be taken at the meeting without adjournment.
Lec. 10. It any such meeting the registered holders of such of the debentures as are regiakeret debe tures on their dily author arged proxies and the bearers of deben. trives that are not registered char alone be recognized and treated as the legal holders there of, respectively, and according. by be entitled to vote in respect thereof. In the case of any debenture registered in the manner of two or more persons. the person whose name shall we first on the register shall alone be entitled to vote in respect there of personally or by proxy. The fact of the holding of bearer debentures hereviden by any debenture holder the amount, issue and number of any such debenture and the date of his holding the came may be proven by a certificate executed by any trust aufrany Bank, bankers or other defirei. ficate shall be deemed by the Trustee to be satisfactory, showing that at
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The date thereis mentioned such person. had an deposit with such trust company, bank, bankers or other depositories the fonds described in such certificate Lec. 11. It every such meeting cach debenture holder shall be entitled to one vote in se spect of each debenture of which he shall be the holder.
Le.12. When under the provisions of 1. factures or of the indenture by which they are secured the principal moneys of this debentures shall become due and payable by reason of any default on the part of the Company, the Trustee with the authority of a special recol ution may at any time afterwards waive either unconditionally or whan conditions that may be arranged be- tween the Company and the Trustee with the sanction of a special resolution Is the default in consequence of which the debentures have become due and payable.
Lev. 13. ageneral meeting of the debenture holders shall, in addition to the powers. hereinbefore given, have the power by a special resolution to sanction any wood. tification or compromise of the rights of the debenture holders against the Company or against ite property or against the trust estate whether such glike shall arise under the debentures or under the indenture or otherwise. Lec 14. The Trustee is authorized in and about the execution of the truste by the caid indenture declared in all thermage to act in respect of any matter that tel. + 1
w .
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revolution fareed at a general meeting of such holders Sec. v. aspecial resolution packed at a general meeting of the debenture holdere, duly convened in accordance herewith, shall be binding upon all debenture holders whether present or at present at such meeting, and
be bound to give effect thereto accord. ingly.
0 al. ution" when used in this indenture, means a resolution passed at a meeting of the debenture holders doby convened and field in accordance 77 ed. by a majority consisting of not less than three facethe of the persons of the ent,
majority when a poll in demanded, reference shall be had to the number of votes to which every such person is entitled under these presents. Lec. 17 Minutes of all resolutions and proceedings at every euch meeting as foresand shall be made and duly entered in the books to be from time to time provided for that purpose Company, Any euch minuter as afare. card purporting to be signed by the chairman of the meeting at which euch resolutions were passed, or pro. ceedinge had or by the chairman of the next succeeding meeting of the debenture holders, shall be conclusive L
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of any person with estecon har dealt the faith the t matters thereis stated, at. other persons, shall be pres. dence there of. Every auch mest is respect of the proceedings of which air water have been made, hall, be decived have been duly held and convened and all resolutions packed or for- weerdinge had thereal t .??? duly parsed and had. articles XVII.
all the covenants, stipulations, pro ice, agreements and undertaking po. herein contained by or on behalf of the Company shall bind ite successors and veigne, whether to expressed or not. For every purpose of this indenture, wi. luding the execution and use of any t, and all the indentures hereby secured, the term "Company" includes and means not only the party of the first part here. to, but also its successors and accions. The words"Trustee" o"Trustees" means the ... stee for the time being, whether original or successor. The words"Trustees","debentures, debenture holders" shall include the plural as well as the singular number, unless otherwise expressly indicated. The word "person" used with reference 1. a debenture holder, shall include ares.
cations or corporations away of said borde.
In Witness thereof, the said partier here to have caused their respective car. porate reale, duly affected, to be affixed to an original and duplicate thereof, and these presente to be subscribed by their respective presidente the day and
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The Blake and Anowales Steanne Dump Works. 182 Theodore L Herrmann President. Peap
Anton & Dittman Secretary. ()
President.
Attiet;
Secretary. Real
Commonwealth of Massachusetts County of Suffolk, ss: On this first day of July in the year one thousand nine hundred and three,
Herrmann to me known and known to me to be the President of The Blake and Knowles Steam Pump Works, the corporation described in and which ex iasked the Pregacing ent ant who bering by me duly sworn did de. face and say that he resides in the City of New York; that he is the Presi- dent of The Blake and Knowles Steam Pump Works, the grantor in the fore going instrument. That he well known the corporate seal of said company. That the real affixed to said instru. ment is the corporate seal of said corporation. That it was to affixed thereto by order of the Board of Direc.
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Love of said corporations, and that et his name thereto by like authority.
My Commission_expires December 13, 1406
Commonwealth of Massachusetts, County of Suffolk, SS .: On the first day of July, in the age or one thousand nine hundred and three, before me personally came from Hl Graham, to me known, who being by me July sworn, did defrance and say that he is Didon't of the International trust Company. of Boston, the corporation described in and which executed the above instrument as trustee therein; that he knew the corporate real of
1 to said instrument was auch corporate
0 al; that it 1
7 thaveto My Life ....
Notary Public My Commis Cion expires December 13, 1906.
Schedule a. Nine certain parcela of land situated in Haven in the Country of Worcester and Commonwealth of Massachusetts, bounded land described as follows:
-
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there south fifty degrees fifteen minutes cast, on land formerly of said Versions, sixty nine and three tenthe feet to. a corner; there south thirty six degrees forty five minutes west, on the came. one hundred and twenty- five four- tenths feet to a stone monument set in the. ground; there vouthe fifty five degrees thirty minutes cast, on the same, sixty four mine tenths feet to a stone monu- ment set in the ground, in the north. terly line of South street; thrive the body the department of Inthe it est, ceratof course for thathe feet to a stone monument set in the ground; there south five degrees forty five minutes west, on said line of said street, ninety feet to a stone
west, on said line of said street, thirty five feet to a stone monument ect in the ground; there south twelve degrees fifteen minutes east, on said done of said it ent, sixty six five- tothe feet to a stone monument set in the ground, at land formerly of Callahan; Thene north eighty six degrees west, on land formerly of Callahan, fifty- three five tenthe feet to the shore of the at high- water mark, thence following the shore of the pond at high- water newark by various courses till it comes to a stone monument set in the ground on the west shore of said from at land now or late of V. D. Holdsworth; thence worth eighty- two degrees thirty inutes west, on_land of said Holds.
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theme worth two and one. hall de nece cast, on land of the same two hundred and fifty six feet to an iron pin driven into the ground; thence month eighty three degrees east, on land of said Holde worth, forty two nine tenths feet to e an iron pin driven into the ground; weet seventeen ? ?? toteatro 1. a stone monument set in the ground; there worth eighty three degrees thirty minutes east, on land of C. Hellyar or others, eighty-two five- tenths feet to a corner; thence north sixteen the frees west one hundred and fifteen five- tenthe best to an angle; theme thy For tenths feet to an angle; thence north thirty three feet to an angle; thence north zine degrees thirty minutes east, twenty. in four tenthe feet to an angle; there. worth forty nine degrees forty five minutes east twenty- five feet to an angle; there worth fifty two degrees forty five minutes. east eighty six five tenthe feet to. ? angle. there north For this point of privileges, appartenances and casements of every kind in any way there to appertain. ing or belonging, with the fee in one half of the width of the road adjoining the same. Also a certain other parcel of land situate on the easterly side of South street, at the
i estate conveyed to dance hamles by Joseph I Hacking as admin. att of the estate of Pelean Carpenter,
e
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ate of said warren, deceased, by the deed. dated July 2, 1813, and riamted with fries. ter County Deeds, Book 902, page 610, includ. in one- half the width of the road adjoining the same. The said fre- as the hereby conveyed subject to the strictione, cavemente, reservations and conditions contained in deede recorded. with Worcester Deeds, Book 367, page 502; Book 367, page 504; Book 367, page 500; Book 420, frage 580; Book + 69, page 226.
Second. Acertain parcel of land, situated in said Warren, bounded northerly by the and above described; easterly by south street; coucherly by land now or formerly of A. M. Lincoln, and westerly by the pond. Subject to the easemente mentioned in dead from seachar Coming to The George F. Blake Manufacturing Company, a Massachusetts corporation, dated May 9,1887, recor. det ar afaresaid, Book 1238, page 194, and in deed from John Deane to thesha Humaine, et al., takand Parmesany 23, 1838, recorded ar afaresaid, Book 367, hage 504.
Third. Acestacien ia 1 in said warren, bounded and described Begag at a stone et 2 The ground and the terry South street, at a point north thirty degrees five minutes east one rod seven Links from the northeast corner of the of the office building own. and by L. J. Knowles and occupied by said Jantar; there on line of said street worth toby time to peer for
ret nine rode two links to roa ist No. I am said street; thene north sixty leven degrees ten minutes west, we rod
--
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fifty five - degrees fifteen 22
livet.
1
1. die- vying all the right, title and interest f raid grantor in and unto a small harcel of land adjoining the above de. cribed lot and bounded aria Beginning at the northwesterly corner of lot next above, thence westerly to land of William Lincoln; thence southerly on line of said Lanicole's land about six leet to land of said Growler; there easterly, continuing said Lincoln's south only line to a point intersecting with
irest the Company may have to face over and across land of said Knowles Lying on the weekerby side of lot next above described. Said premises thirdly herein described are subject to the for sions of deeds recorded as afaresaid, Book 367, pages 502 and 504, and Book 420, hage 582.
Fourth. a certain parcel of land situated in said warren, bounded and described as follows: Beginning on the line between land now or formerly of Deleon Carpenter,
7
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corner; there southerly on land of Callihan fourteen rode to a now or former stake 1. £
nineteen benike to a
now or former stake!
way or road leading from near the now or former house of LM. Gilbert, deceased, to the now or former house of said Gallihan; thence westerly by
ス stake and stones; there coutherly Para f. sier. 2 .cez. tain parcel of land bounded and de. scribed as follows: Beginning at a certain now or former stake one and one- half rode south of the cor.
Blair and Rufus Baker; there south. only by a line parallel with the cast.
and stones; thene westerly to the southeasterly corner of land of said Hines; thence northerly on land of said Himes; thence easterly to the fruit of beginning. Also two other certain tracks of land bounded and described as fol. lowe: Beginning on the southerby side of a now or former road on packageway leading from the "Steerbridge road" to
Sibley, at the northwesterly -corner of land formerly sold by one nelson Garpen For to 8 22 Mohly; themes in
7 :
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of the same to the southwesterly corner of Land of E. F. Strickland; there westerly to the southeasterly corner of land of Patrick Gallihan; thence northerly on land of Patrick "allihan to the southwesterly corner of" Land of Lewis I Hines; thence on land of said Hines to the southeasterly corner of land of said Hines; therice motherly on or packageway; thence on said package way to the point of beginning.
as follows: Beginning on the land now or formerly of Michael Callikan, twenty links from the northeasterly corner of said last. 1 troned land of Calliban; thene west. only on said last mentioned land of said Gallihan ten feet; there northerly by -a line parallel with the westerly live of land of said Hines to a stake situated the same distance from the lives of land of said Gallihan as the next mentioned bound is; thence easterly on card road frevageway to the worthwesterly nel of said land of Lewis L Hines;
beginning. Laut premiere pour they are in described are subject to provisions of
Hivernale tated. If ... 214, 1860. aforesand, Look 140, page v64, and the moth. deed dated april 30, 1872, recorded as afor. said, Book 873, frage. 109, and of deed from Stephen P. Bailey to said grantor, dated November 1, 1887, recorded as aforesaid, Book. 251, page 54v. Fifth: acertain parcel of land situated i said warren, bounded and described as follows: Beginning ..... the northerly
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isdoing land of the Company; on the last erby-side by land now or formerly of Lewis I Niner; on the southerly side by land now or formerly of Mrs. Mary Calledwww; on the westerly side by South street; bes. ing on the easterly side of said South chop of raid grantor, to saw mill of Charles Cummings; subject to the provisions of died from Below Carpenter to Milliam Howe, dated January 22, 1838, recorded at
Sixth. a certain parcel of land situated i can't Massen, Grundet cathonly by Helcon tect. there-code c'a tien and half links; westerly by South street nine roda five and one half links; easterly by land of Charlotte Kimball and land of Cache: i dge and i'm ba forer rode forty. two links; northerly by said land of Brackenbridge and Combe one .:- I twenty- one and one half links; westerly on said band of Brackenbridge and Combe two rode; northerly by the same three rods twenty and one- fourth links, card. jest to reservation in deed from Charles H Coming to the George H. Blake Threw.
123,1889. Excar det as aforesaid, Book 1297, page 211, and to !he provisions of deed from Belson Garten. ter to William Howe, dated January 22, 1838, recorded ar aforesaid, Book 367, hage vcs Seventh. Acertain parcel of land citratea in card harmin, founded and described as follows: Begining at the sauthe vet. Rolly ferverrige, and the northeasterty corner of Sound now on date of Vanwel
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2. Blair, at thering the motherly comer of this parcel of land; theme south fifty live and three fourthe degrees we et about one hundred and five feet to land or on
Juin, at a point situated couth twoand one half degrees, east thirty two and tivo. to the feet from the northeasterly corner I said Nachbarn's band; thence by land of said Nachbarn couth two and three. wasthe degrees west one hundred and twenty- six feet, be the same more or less, to the northwest corner of land now or Enmerly leased by John Dean to Timothy , by lease dated May 13, 1836, and re.
1: by the northerly line of said leased fre. mise to Urgivam brook and to land now 1 I now or formerly of said Knowles to sloth. Land which is described and lear wedemand .- ing overture of -the- leave. of John canto Timothy James, dated May 13, 1836,
and recorded Book318, page. 2.87.
Sich Louth street, leading from near the wat of the last. a Sende, bounded and described arekol Beginning on land of said Fail. & company; there running outherby the street, the width of a evigle road track and bed thereef of said Bordroad Company, such as extender thro gh said warren, and of the Length auf. ficient to properly-bay, build and main. trin a railway track on and near the westerly line of said fautin street, all
1
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1. 4 ut of a proposed railroad track shown Jan a plan recorded with Worcester Deeds, Led to to aid in ascertaining the Loca. tion of this harcel. And in addition to the above named tract, a further portion of the band over which. vit. South street
7 which to properly build and maintain an extension of the proposed railroad shown on said plan southerly, measured along the westerly line of said street, as far as -and to land of Iseachar Com ins, situated on the westerly side of said street, immediately south and
Snowler -Steam Pump Works. It heving. the intention here of to convey avety such estate, right, easement or internet in said last two mentioned tracte of land as was conveyed by Jesachar Coming to the George H. Blake Maria. facturing Company, a Massachusetts. corporation, by deed dated May 18, 1886, die cinecard, Brak 1226 - and subject to the provisions of val deed.
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