USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1916-1927 > Part 2
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To how and to hold the same To the raid Jusson It. Maxau, his executors, administrators and assigns, A secure a debt (1) of Tweety- five - dollars for money and goods actually furnished by the acrigues accounting A NEcity few dollars. (2) Contracted partly prior to and partly amultavously with the execution of the assignment- In witness whereAf I how det hand, this Twelfth day of April 1916 Siqued and delivered in france of le laurence 6. Smith.
And for the consideration afaresaid, & Laurea 24. Smith mate of said lecarence E. Smith hereby courant tothe making of the fair going Re igne ment,
Laura M. Swith X
Received and recorded April 13. 1916 ar 8,30 Am.
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Know all new by these presents that I HEury 6 Bishop of North Brookfield in the Commonwealth of Massachusetts inconsideration of five hundred dollars to me fraid by George E. Allen of WEST Brookfield in said Commonwealth The receipt whereof is hereby activanled goat, do herchy grach, sell, transfer, and deliver with the said- George E. Allen- the following goods and chattels, namely; four cows, eventy five hours, once automobile, about fior tous of hay, one boy house all located on the premises occupied byre on the road leading from North Brookfield To thor Brookfield in said North Proofficed, also the lumber owned by me and located Iss. Bridges mell in Warren in said
I how and Ihald all and puigular the said goods and chattels to the said Losgs E. Allen and his executors, administrators, and areigus Of their own use and behold forEver.
And I do hereby covenant with de vendE that I am the lawful owner of the said goods and chattels: they they are free from all nicubrances, that I have good right A sell the same as afarsaid; and thatI will marrant and defend the same against the lawful claus and demands of all persons. Provided nevertheless, that if it, or my executors, administrators, as arRiques chall pay with the VEcedes, or les executors, denciestrators, as assigue, The own of five hundred dollars on demand wich interess as stated mia note of were data signed by me, and witel auch payment that keeps the said goods and chattalo misused against fire una
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Rum not less than a reasonable amount, for the benefit of the vEnder, and his executors, Cadministrators, and assegno, un' such form and in such Insurance Companies as they chall approve; shall not waste or destroy The raid goods and chattes, non auffer them at any part there of The attached on versus process, and shall not except with the coureur un miting of the sender ar this representatives, , attempt A well as A recurve from card North Brookfield the same or any there thereif - then this deed, is also the forsaid note, shall be void But refron any defacto in the performance at observance of the fore going condition, The ved Er, or his executors, administrators, as assigns, may sell this card goods and chattels, at public auction, finer giving the days notice in Writing of The tenta and place of sale to rue as my EchrERENtatives, or publishing such notice once NEED for three successive MEEko in some one newspaper Julblocked in said Forth Brookfield. And out of the money arising from auch call The reader, or his representatives shall be entitled Dretain det the ennes them secured by The mortgage, whether there as thereafter payable, including all casts, charges, and expeceses incurred au enstanied by him on Them in relation To the said property, as to discharge amy clamis or licces of third persons affecting the same; rendering the surplus, of any * nul ar my executar, administrators, as assiques. feed it is agreed that the vEnder, or his executors, administrators, or assigns, at any person or persons in their behalf, may purchase at any sale made as afaresaid, and That mentel default in the performance of afservance of the condition of this deed, I and my executar, administrators, and assigns,
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May retain possession of the above mortgaged property, and may care and enjoy the samex but after auch default, the vinder of those Claiming under hem Way take mimmediate possession of said property, and for that "-purpose way, so faras I can qui authority there for, entir refrom any premises ou which said property or any part thered may be situated, and remove the sauce - - on metreess whereof I the said Heury 6. Bishop herenauto Ret my hand and Real this truth day of April in the year one Thousand nine hundred and pextern- Signed sealed and delivered на речении из - Finally Howard Seal
A true copy attest Heeft J. startingo
Tim Clark (Received and entered in Records of Mortgages -up 10 o clock Am. April. 15. 01916
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outrach. Palmer Mais May 15, 19, 6
Please deliver ne or Vo 55 Quani Sr. the following goods 1# 11/2 Lion water heater for which I agree To pay the sence of Sixteen dollars as follows: $5, to when heater is installed and 0/100 Per month until paid in full.
It is especially agreed that the title to said good.
of $16,00 is fully faidrer Cash and in the Event of Any facture to recoke the Je arguments about specified When der I agree I surrender said goods I said Company, itt agents or assigns, whon demand and said le oupany, it's aguits as assigned, have full authority winter apon muy premises of Dany flood where said goods way be, for the purpose of removing the same, withauch process 0 of law, and Runs paid by pel on account Shall be retained by said Harcister Quety Too o. as a reason able compensation. I furth i agree not to remove said goods from the preceused & now occupy without mutter heremission from said Con facey.
When said goods shall have been fully paid for according With terms of this agreement, they chave lescours w property, I have read this contract and as verbal. agreements have been ruade contrary Det conditions
Signature Las J. Brady.
J.J. Ryan. A True Copy Attzah Auch Gotastwingo Nowon Clark. Midy. 17. 1916.
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This Indenture made this firstday March, A. D. 1916 by-and between the Harcette and Harren Street Race way Company, a corporation duly organized and existing under the laws of the Sourceouwrath of thoseachusetts, herenafter called the Company, which word shall include its successors and assigns, party of the first part, and The Dutchnational Trust Company, a corporation duly organized and existing under the laws of said Commonwealth, having its principal place of business in the City of Boston I said Commonwealth, hereinafter called the TrustEr which wordthall include any successors in the office of TrustEr hereby created, Party of the Record heart. Intresseth Than
Whereas, at a legal meeting of the stackholder of the Company duly called for the purpose and held on the twenty-eighth day of January, 1916, a rats was unanimously Jacked by stockholders representing 1056 shares out of the total number of 1060 shares butstanding, as follows; "That this Company execute a mortgage of all the assets, property, Equipment and franchises now, ar or any twic here after owned ar acquired by it, In the same of me hundred Thousand ($200.000) Dollars to the international Vrecer Company as Pruster, A secure the issue of 5% first mortgage gold boude in such manner and
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Auch accounts as the stockholders shall determines, such mortgage the dated March 1st, 1916 and The parable in twenty (raro, to ant; on March har 1936; and that the Directors be and hereby are authorized and empowered to de at cause The dong all acts necessary A) procure the execution of such a mortgage; and that the Director be and hereby are authorized and empowered A petition the Public Service Commission for leav Dersur at the present twee such are amount of Raid bounds not excedring eighty, five Marceand $85,000) Dollars face value as will, of the price at which said bouds shall be authorized the Road by the said Public вение Самичной, убла Н ши ) Serenity five Thousand ($75,000) dollars which proceeds are a be resed for such one or more of the following purposes, and designating such eines for euch particular purposes as the directors may determine to be for the bestit costs of the Company, to wait for the purpose of making permanent investments or uni prevenirecelo, acquiring additional real or personal property necessary an convenient for the corporate objects, refunding the funded deff of the Company, payment of money barround or
The fourgoing purposes, entflying it self with working capital, or for any other Surface authorized by law. And There as, it was unamunocesty rated of Card meeting by said stockholders representing 4056 shares out of 1060 shares outstanding, as follows;
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"That the directors be and hereby are instructed and empowered to cause W he made such mortgage or indenture of trust with the last imation al Trust Company as truster as may he ucoursary and proper to carry out the preceding vote, perch mortgage ar vidlecture of trust to be in such form as the Directors way approve, acid to do at carese: : to be done any and all other such acts as may be necessary to accomplish the execution of such mortgage or indenture of trust and said issue af bordo." And
Whereas, by order dated April 26th 1916 the Public Service Commission of the Commonwealth of Massachusetts has duely ordered that the approval of the Commission be given to the issue by the Company of carefor at registerEd bonds le au moment not exceeding of howvalue Seventy two Thousand ($/2,000.) Dollars payable, twenty years from the date there of and hearing interest of the rats per secutions. Per annum for the purposes and refor the times more particularly set forth in said order, and
Thereas, at a meeting of the Directors of the Company duly held our the 28th day of January, 1916 call the directors being present and acting the following vats Was manmanoly passed;
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Thatin accordance with the instructions given by and by virtue of the authorit, contantidown a vote thoseed by the Stockholders of the Company cet a special Sweating Leed January 28th, 19/6, the President, and Treasurer are hereby aci thorized and empowered, cred directed to execute and deliver an mortgage or indenture of trust to The datinational Trust Company as tustes, of all the assets, property, Equipecœur and franchise of the Company now aval any twis here after owned or acquired by etto secure the issue of Two Hundred Thousand ($200,000) Dollars face amore of of first mortgage gold bonds of the Quepany, said mortgage or indenture of trecat and bonds to the dated March 1 st, 1916 and to be payable March 1 st, 1936, afrutaich total account there are now to be issued such an amount of bonds not exceEding Eighty five Thousand ($85,000) 2
allaro face value as will at the price on which the Public Service Connexion shall author's said bouds the said, yield Sixty four Thousand Heure Hundred and Fifty (64,550) Dollars; and to
authorize the Treasurer of the Company A do all acto necessary Waccomplish Gard result of bounds; and that such mortgage de indenture of trust be in Buch form as the Directors way here after approve."
and
Whereas these presents and the form and provisions there of are the same which were submitted W said Board of Directors at a meeting there after July called and held and were
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unanimously authorized and approved -ar said meeting, , and Whereas, said bouds are to be substantially in the form following, Amit; except as to amount, Form of (Bond)
No. $1,000
United States of America. Commonwealth of Massachusetts, Harcenter X Warren Street Railway Company. Thirst Mortgage 5% Goed Board dur March. 1. 1936 Fax value received, the Harcest & I Havea Street Railway Company, a corporation duly organized and existing under The laws of the Commonwealth of mareachusetts, promises to pay to the International Trust Company, Triestar, or @ the beaver, or in case of registration, w the registered. Theder, hereof, the seven of Que Thousand ($1,000,) Dollars at the office of said Trust Company in the Boston, Commonwealth massachusetts, in gold earn of The United States of America of freceur standard of weight and March, furniss on the first day of At. D. 1936, with interest therion in the meantime at the rats of fios percent. per annum payable Lecin- annually and the first days of march and September in Each year wi like gold coin, upon presentation and surrender of 1 the
conproces attached hereto as Ochay
severally because due and hay abel;
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This bond is our of a series of cuidar bonds of the denomination of Either five hundred dollars ($500.) as one thousand dollars (1,000), all of which are Equally secured by a mortgage or indenture of trust executed by said Harcestar Motoren Street Railway Company To the said International Thecar Company as TrecateE dated March first, 1916, whereby all the property, real and personal, casements, rights, franchises and privileges present and future of the Hareestes I Haven Street Karlmay Company are mortgaged to The butinational Trust Company as QuestEr for the bond holders, to which mortgage or indicture of trust reference is hereby made for a full and complete description of the property mortgaged, the nature and extent of the security, and the rights of the holder of the bonds and interest coupons weder The same, and to the terries and conditions of which this board to expressly made subject.
De Harcester and Harren Street Railway Company reserves the right to fray this boud at par with a premiere of five per cent. - and accruEd interest on any interest day after March for 1921 upon giving at least sixty days' notice, and a notice published three. times mia newspaper mi acton than This houd is called shall be sufficient; and from and after the data fixed for payment by such notice, any interest are This boud shall cease. No recourse for the payment of the principal ar interest of this boud shall be had a ganar any officer, director, incorporator, promotie
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ar stockholder of the Company, Either directly or through the Company by virtue of any statute of by enforcement of any assessment or otherwise, and any and all personal liability of the officers, - directors, un corpocators, promoters pr stock holder of the Company un respect here of is here by aind bythe acceptance of this band expressly waived and released by Every holder herea.
This bond shall pass by delivery writers registered in the name of the owner on the books of the Quester, Such registration to be noted on the loud and after puch registration no transfer shall be valid wirless made on said books by the registered holder in person or by attorney duly authorized, and noted on the board; but the sauce may be discharged from registry by being transferred to beaver after which it shall be transferable by delivery and shall continue subject A successive registrations and transfers to bearer as afarisaid or The option of the holder. In case registration, the campous annexed. hereto shall remain transferable by delivery. This land shall not be valid weiles. The certificate endorsed here on is signed by Raid truster.
In Witness Where of the said Harcestu Harren Street Railway Company has caused its corporat? Real to be hersento affixed and there presents D be signed un'its name
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and behalf by its Cherideur and its Treasurer, and coupons for said interest authenticated by the facesuite Diqnature ofits Treasurer The herecute attached this first day of March A. w. 1916, Harcosta Marre Street Galway Company
Treasurer- (Coupon) to. $25,00 On the first day of A. II. 19 , The Worcester Harren Street Railway Company will pay to the beaver at the office of the International First Company win said Boston, Massachusetts, Twenty five at allows wie gold coin of the United States of America of the priseur standard of weight and fineness, being six months interior there due ou its first mortgage 5% gold boud. No. unless said boud shall have been previously called as provided in said mortgage.
Treasurer.
PrestiÉs Certificats. This houd is one of the series of bounds described in the mothers zu Entound mortgage ardadenture of herr executed by the recitext Harren Street Railway Company & the undersigned ao Trentes. Autornational Trust Company, Tweetie
Secretary.
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Registration. No writing below except by are office of the Priester, Date of "Registry. Owner's name and address. Registrar.
Aicd whereas all conditions necessary A acetharings the execution and delivery hereof have been complied with. Now Therefore This Indenture Witnessth, that the Company, in consideration of the premises and of the seven of Que Dollar Wet in hand paid by said Frustr, the receipt of hereof is heriley a cknow led ged, and A secure the payment of the interest and principal of the bands herein before described, doth, in pursuance of the foregoing power and authority and Every other power and authority it hereto enabling, hereby give, grant, bargain, sell, county, assign, transfer, petons and deliver muito sand International Treest leapany, rester, and its successors in the office of Treester hereby created; all the property of card Harvester Harren Street Railway Company of Every kued and description tube owned or which may here after be acquired by it, Aexcepting cash and bank deposits, andincluding, with aund lichting the generality of the fore going, All the real, personal and quired property, rights, locations, franchises, land, niteresto in land, buildings, structures, wood-bed, tracks, railway, machinery, electric motors and other
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electrical Equipment, rolling stock, caro, polis, wies, fixtures, appliances, tools, apparatues, frecuture, full, supplies, books, documents, contracts, claims, demands, choses in action, and all other property of said Railway Company (Except cash and bank deposits) couvreged in the said Harcestino Starren Street Railway Company by deed of ThomasV. Rokuison, Receiveda Harren, Brookfield& Spencer Street Railway leavepary dated may 28, 9,5 and duly recorded un Harcester County NEEdo; including, without lecting the fore going, the following described tracts of Placed and leavements in land situated in the town of brookfield and in the town of Spencer in the Country of Har cister in the Commonwealth of tearsachusetts, together with such buildings as may beon said land;
First. A parcel of land situated on the south side of the main highway leading from the melage of East Brookfield Is the newage of Brookfield in said town of Brookfield, bounded and described as O factors; Beginning of a fait un te South side of said highway and on the northvitaly career of land nous an formerly of Large It. Allen; there running Hotely along the south side of said highway about six hundred (100) fest Need now or formerly of Fury Mathewson; theuer Southerly at right angles to the last described course about sixty (60) feet To the land of the Boston and Albany Railroad Company; theuse Quarterly by
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said land of the Boston and Albany Railroad Company about six hundred (600) feel to a proiect -and -at the southwesterly tower of laced now at formerly of said Allen, there Northerly bey paid Could now or forward, of flere to the power of beginning. Being the land conveyed To the Harren, Brookfield and Spencer Street Railway Company by deed of the Harcester Construction amfancy dated October 14,1896 and recorded with Harcester District DEEds, Book 1524, Page 12%.
Second A track of land petratid in the southeastonly part of paid town of Brookfield, on the north side of the highway leading from the village of East Brookfield A the village of Brookfield i said town of Brookfield, founded and described as follows; Beginning wthe north side
of said highway, and about fifty-our (51) feet distant Easterly afrou coruch of land now or formerly of George Allen; there WorthEasterly along the worth side of said highway, about two hundred fifty three aced over teeth (253.1) feelto an vou dou El driven with the ground; therice forthwesterly at rights angles to the last described course, about our hundred thirty nine and six- truths (139.6) feet to ane tron dowel; theuse southwestErly In a luis parallel to, and abauch
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Nous hundred thirty wie and sex truths (139.6) feet destacar from, the fires described course, about one hundred four and four truths (104.4) feet Da point in a luis parallel to, and about thirty five (35.) feet distant from, the Easterling ling of land now for formerly of said Frage Allen; Thing Southerly wia luis parallel to, read about thirty five (35.) feel destant from, paid Easterly luis of land now las forucerty of said George Allen about two hundred and four (204) feel the power of beginning. Being the lourd conveyEd To the said hansen, Brookfired and Spencer Street Hallway Company by deed of Sarah C. Allen dated July 2, 1898, and clearded with Worcester District Needs, Book 1586 Page 135. . Together with the right To center, lay, and forever uncurtain railway tracks on another parcel of loud described in said deed acpour the conditions set forth therain, Herrlich reference is hereby made
Third: A track of land situated in Town of Brookfield, between the Wortherby side of the highway leading from the village of Brookfield a village of East Brookfired in said town of Brookfield, and the southically side of the highway leading from Farth Scootfried W the newage of East Brook field, founded and described as follows; Beginning of the south westily concer of cards track, at land land now or formerly of our Corcoran and on the north only side of sard highway leading from the village
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of brookfield to the village of Cash Brook field, thence receiving forth fourteen - degrees, thirty minutes (140 90) Cash about our hundred nurty nine (199) feel by Raid land now or formerly of Corcoran to a point in the southorly side of the highway leading from forth Brookfield To the village of East Brookfield; there South fifty service degrees, fifteen minutes (59015) Gast along the southErly side of the land mentioned highway, about thirty two (32) feel to a facut; there South fourteen degrees, thirty nucuentes, (14030) Wish about. our hundred thirty two (13) feet and six (6) wiches to a point There South thirty degrees, thirty five (30.35') Gast, about forty seven (47) feet to a pointin the northrely side of the highway leading from the village of Brookfield to the village of Gas Brookfield; theuse South Eighty Your -degrees thirty minutes (84°30) West, about sixty right (68) feet along the northErly side of the last mentioned highway W the point of
Requiring, Containing about six thousand five hundred thirty four (6534) feel, Being Land Conveyed Isaid Harren, Brookfield & Spencer Street Railway Company by deed of the Harcester Construction Company dated March 6, 1901, and recorded with the HarcEstEr District DEEdo, Book 1678, Page 551.
Fourth: Water pipe Easement granted
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by Henry Mathewson W said Haven, Brookfield, and Spencer Street Raceway Company by deed dated Request 10, 1898, raud recorded with Harcestix Destrict Needs, Wook 1592 Paga 256,
Fifth: Hater pipe Easement granted My Lula R. Vizard A said Harrer, Brookfield and Spencer Street Railway Company by deed dated September 26,1898 and recorded with Harcister District Deeds, Book 1592, Page 25%.
Sixth: The land in Spencer, Har center. County, Massachusetts described as follows; A certain track of laced with the buildings thereou on the north side of the Post road, founded Easterly Hey land now or formerly of Thomas JEcuatt 100 feel, northorly fy land of said Sewall 200 feet, matinly by Hand of Securatt you feel and southerly by said Post- road 200 für To place of requiring; being the same Premises converged to the tax certes 7 Harren Street Railway Company by decd dated August 26, 1915,, and recorded with Harcenter Needs, Book 2086, Page 124,
To have and to hold the above described Jecaparty with the card party of the second part, trustees as aforesaid, its successor and successors in said trust, and their assigns in Bruch, However under the tiveres hereby, fax che equal pro rata benifit and security of the lawful holders and owners of the bouds and Coupons Lerini before described nou
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at here after issued herecder inthout any preference of one bond over arather by reason of priority of esauce or otherwise.
Article I Possession of Property Before Default. Provided, however, that until default shall be made in the payment of principal of interest of Said bands to be issued hereunder, or some of these, on in performance by the Railway Company of any of The covenants of the said bands ar canefaces, or of the deed of trust, The Railway Company, shall passles, operate, saustain, and enjoy all the franchises, rights and property of Every Rund conveyEd by the deed of trust and Every fast there of with the appartenances, and take and use the tolls, income, punto, issues and projets there of in the same maurice and with the same efect as of this deed of trust had not been made.
Article 11. Defearance. If the Company shall will and freely hay and discharge all the principal and cuterest of said bouds, at the twins and in the manner therea specified, and shall will and tried to and perform all and Every other of the matters and things on its part to be done and performed, and herein act forth, then and in such case, these presents shall become void, and the Estate, right and title of vaid Prestes, terely
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