USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1916-1927 > Part 4
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on the part of the bondholders chall extrud to or be taken to affect any subsequent default or wir pair the rights resulting therefore, or to extend to a ( default in the payment of the principal of the bonds secured as they become Какова.
to delay or occasion of 1
The Trust EE, as of any holders of bounds hereby secured, to exercial any right at favor accrueing afon any default continuing as afares and, phall unfair any euch right or Lower, or shall be construEd The a waiver of any such default os acquiescence therein; and Every power and remedy given by this article to The TrustEr or the bondholders may be exercised from this a time, and as often as may be decried expedient by the greater as by the bondholders.
In case of the loss of destruction of a boud another may be issued wiets place upon proof of such lass at destruction, and the giving of a board of indemnity or other security satisfactory 4 the Company and the Priceter, but not to exceed double the parvalue of the loud.
Articer IX, Bondholders Right & Bring Suit. to holder of any bond or coupon herchy secured shall have any regler to instituts any suit, action on proceeding of law or in Equity fax the foreclosure of this Industry for the execution of any trust here of, for the appointment of a Receiver ox for any others recurdy hereunder, unless auch holder previously shall han gin to the Trustee Milton notice of the default complained of -and of the continuance There of and shall
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have requested the Trust: To nietituts such Quit, action or proceeding and shall have grown to the nestes a reasonable Que of money or bound to indemnify it against casts as expenses which may be incurred by acting in pursuance as such request, and shall have afforded the Prestes a reasonable opportunity either to proceed To exercise the powers hereis granted or to mistetuts euch action, sunt or proceeding in its own name; and such notification, request and undimunity are hereley declared, in Every such case, at the option of the crustis, to be condition's precedent to the execution of the powers and trust of this fudenture and to any action on cause of action for fore closure as for the appointment laf & Receiver, as for any other recidy thereunder; it being understood and intended that no one of more holder, of bonds and coupons phalt. have any right in any manner Whatever by his or their action to affect, disturb or prejudice The lion of this Indenture on to enforce any right here under until after notice, request and indemnification as heren provided, and that all proceedings of law or in Equity shall be instituted, had and In autemed in the manner herein provided and for the Equal benefit af all holders of the boards and Couponsoutstanding herunder,
Article X. Removal and Appointment of buster.
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Any Juster hereunder Quay resign the office of Treestes at any time by a better resequation, delivered To the Campany, could any trecuta way burcucovid at any twice by are instrument of Concurrent instruments mi writing, signed by the holder of not less than two thirds in amount of the bands hereby secured and then out standing. In case at any ting the Priests, 04 any TrestEr hereafter appointed, shall resign, at shall be removed, or otherwise become incapable of acting, a successor may be appointed by the holder of two - Thirds in amount of the houds terely secured their outstanding, by ane m'strument as concurrent instruments, signed by such boudholden as their attorney in fact, didly authorized; provided, nevertheless, in case of any this there shall be a vacancy in the office of TrustEr herunder, the Company, hy an mistremmech executed byorder of its board of directors, may apport a Trester Mi fill such vacancy until a new Truster shall be appointed by the bondholders as hereve authorized. The Company shall forthwith publish notice of such appointment by it made oude in teach work for three procesos SEEko win'a daily paper published in The City of Boston, Marcachurch, and any recetas so appointed shall
municidiately, and without further ach, be supervised by a Trusted appointed by the bond holders, in the Enannen about provided. Every such TrustEr appointed by the bond holders or by the Company shall always be an trust company in good
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standing, if there be such a tricot company welling and able to accept the trust, upon reasonable or customary times. Any new rester appointed herunder Chall execute, acknowledge and deliver To the TrustEr last in office, and also W the Company, an instrument accepting Buch appointment herunder, and therespon such Trester without any further act, dead or conveyance, Chael become vestEd with all the Estatis, properties, rights, flowers, trusts, duties and obligations of its predecessor in trust herunder, with like effect as of originally named as Preester herein. but the TrustEr cearing to act that, nevertheless ou the matter request of the Company, or of the new rester, lexÉcrite and deliver an instrument transferring A such new Truster, upon the trust hereis expressed, all the Estates, properties rights, powers and trust of the TrustEr so ceasing to act and shall duely assign, transfer and deliver all properties and money, held by euch Trusted to the acer rester. Should any deed, convey ance on instrument in writing from the Company be required by any news Venster for more fully and entamily vesting in and confirming to Ruch new Tricoter such estate, rights, powers and duties, anyand all such deeds, convoyances and instruments in writing shall, upon request, be made, executed, acknowledged and delivered by it.
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Article XI. Rights and Liabilities of Truster. Re Tester for itself did it successors thereby accepts the trusts ,and assumuss the duties herin created and infosed upon it, but only wefor the following tinus and conditions, to hit: The Truster shall not be os because responsible or liable for any destruction, deterioration, injury or damage whatever A the property and estatis hereby conveyEd, or agreed or intended so to be, Either by the Company, its agents or servants, or by any other person or persons whoursown, has for the consequence of any breach on the part of the Company of any of the covenanto herein contanada non for any act of the Company, its a grants of servants, no? for any acts, matter or thing except its own grass neglect or wilful breach of the trusts herein expressed und Contained;
(b) Is shall be wurden no obligation I take any action toward the execution, enforcement of defense of its truet which, in its apreciou, may involvement in experise or liability, until it is first indemnified to its satisfaction against act expenses, face, cost of d'ancrage thenfrom. All instructions arequest by bondholders to the Vinster shall be in meeting and the Trustee shall not be bound arecognize any person as party as a holder of any of said bouds, was to take any action at his request, unless his bouds are submitted for et inspection or his ownership
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thereof is activarse shown to its satisfaction. and it way of it so desires, requiere the bonds so submitted tobe deposited with et and retained until it phace hour completed the action requested by perch bondholders.
C) The TrustEr may select and employ in and about the execution of this trust suitable a greets and attorneys whose reasonable compensation shall be paid to the TreatEr by the Company, or in default of Ruch payment shall be a charge for The premises and property headley pledged and the proceeds thereal paramount I said Gondo. d) Said Priester, until called upon I take active measure & enforce security, by foreclosure or attirevise, with dur indemnity, shall be in no way responsible for insurance, taxes ou repairs, or any other watter affecting the security. (e) It shall have reason able compensation for its services and the services of its attorney and counsel, rand shall be reimbursed for all its expenses in this trust, the amount of which compensation and expenses shall be a first live and charge when the mortgaged premises and upon any fundo in the hands of the rester hereunder, whether held under The sinking fund at in any other manner. (f) The TrustEr shall not be held liable for any failure of title in the premises hereby conveyed, nor for any recitals of fach contained in this
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instrument, the same bering recitals of The mortgageor and not of the restes, War for the sufficiency of this instrument or the security therein JarvidEd. (8) The TreestEr shall not be under any obligation To take any action toward The execution or enforcement of the Quiking fund provision heren referred to, vi of the sinking fund a green cut referred to in Article V11. nor shall the liable miany way to the bondholders of any one else byreason of facture of occasion on its fart to notify them of any default in any of puck sinking fund payments.
Article XII.
Should any bond finally des and payable hereunder not be duely presented for payment and cancellation, the Company way deposit with the Freestre of such case of money as is then dur an account therey, and the Coupons thereto belonging, much payuser shall be a full descharges . as between the Company and the holder. The holder shall thereafter look only To the deposits Do made, which shall draw no interest.
Article XIII. Boudo esseEd from two's a twig herunder thatt hear dats March 1, 1916, and Every bond secured by Their presents shall be payable twenty (20) years from to date and shall be for the findicipal sur Either of four hundred (500) dollars of one Thousand (1000) dollars as the Director of the Company chael determinis pay aber in gola com of the United States ofthe
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present stand and of weight and ferences, and shall carry interest at the rats of five (5) per centum per annum payable scuriannually in life good com and shall be substantially un the four set forth above, the five hundred (500) dollar freeces The quehired from our (1) esferaxd,- the ore thousand (1000) dollar prices to be numbered from Al upward. And the aggregate firnicipal suun secured by all of the bonds of any twice or times ensured under at intended tobe secured by that parents shall not exceed tivo Hundred Thousand (200,000) Dollars And the TrustEr shall certify upor Each of the bouds To the effect that it is one of the bonds specified in This inducture as secured thereby and the holder of any band without such certificats shall not be entitled to the binifet of any of the provisions hereof. The Truster chace forth with po certify upon the fonds to the aggregate principe of amount of seventy two thousand dollars ($72,000.) and shall from this A twin thereafter we like mancer certify for additional bonds Io an aggregate principal amount not exceeding one hundred twenty-Eight thousand dollars ($128,000.) as duly authorized by law and by rates of the stockholders the Street Railway Company. The TrustEr shall deliver all bonds so certified To The Street Railway Company or to such person as shall from time to this The specified by the written order of
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resident and treasures of the Street Railway Carefany ar ly a resolution of its board of directors. And the Freester shall not certify upon or deliver any bands when the Street Railway Company shall be in defauch Is the knowledge of the Treester un respect of any covenant of agreement cherem contamia,
Article XIV. Hacire of Liability. Stack holders and Officers. Mither the Treeother nor any holder of any houd or coupons issued, thereunder and secured Lesely shall in any Event have any right of recourse to ou recovery from any incorporator or promoter or any present at future director, officer or Stock holder of the Company for the principal or interest of the sims secured hereby or any part there of, whether under any liability now or here after exciting or arising under the law or statutEs of any etats at territory of the United States, ar of the United States or elsewhere, or under any principles of law or Equity or in any manner whatever, it being hereby distinctly understood and a greed That the several holders of the bonds from time to this waist act euch rights of recourse on recovery by receiving and accepting the said bouds, and look for payment of the Goods and canpour secured hereby palely & the Corporate assets of the Company, and euch avecto shall not inbrace any
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Claim which might wonder other avicinstances be enforceable Either by creditors of the Company, by arcocies, by the Company itself on in any way whatever against any incorporatox, prowater, stock holder, director of officer under any statuts or other low now on here after in force, or against a stockholder byreason of au insufficiency on in sufficiencias in the the payment of capital stock. In Witness whereaf the said. Harcenter and Garden Street Railway Company and the International Vreest Company have herenuto and to three (3) oThre counterpart originals hereaf set their respective seals and Caused that presents the sigurd on their behalf by their officers Themato duly authorized, the day and year first above Withan Hascentri Harran Steek Parkway Company My Frank Le Valency President.
Seal
Olvas E. Williams. Treasurer. International Trust Company charles My Charen G Bancroft President.
SEal.
Secretary,
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ounnouwealth of thoseachusetts
Suffolk, u.S June 20, 1916 Then personally appeared the above named Frank L. Palmer, President of the said Harcester and Harren Street Railway Company and Olives &. Millauis its Treasurer, and acknowledged The foregoing instrument the the free adv and died of the said Worcester & Harren Street Railway Company, before ME Dana Scalone. Justice of the Peace .
A DrieE Copy attEst Entered upoce these Recordo June 27. 1916 at 10.30 A.M.G.
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This Indenture made this twentieth day of fever, A. D. 1916, ley and between The Maxcenter+ Harren Street Railway Company, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts,
heremafter called the Company, which word chall include its successors and assigns, franty of the first part, and the International trust Company, a corporation duly organized and existing under the laws of the said Commonwealth, having its pricipal place of business in the city of Boston, un said Commonwealth heramatter called the PriestEr, which word shall michude any successors In the office of Ireestes hereby created, harty of the second part.
Hatresseth That
Whereas, by are indenture bearing dats the first day of march, 1915. between the parties hereto, and The recorded in The Registry & DEEdo for the Country of Horcester, and in The offices of the town clerks Braoffered Forth Brookfield, Brookfield, Spencer and Darren, certain property and effects of the Corupany were expressed The conveyEd by the Company Tothe Treester aface und for the streets and purposes Therein containEd for secchring certain boudo to the issuEd by the Company for the aggregate principal army of two Hundred Thousand Taller ( 200,000.) and There as, nove of the said bouds
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have been sold and delivered and Whereas by vote of more than a majority in interest of all the stockholders of the Company the President
duly authorized and directed to execute, acknowledge and deliver This instrument in order further To secure the said bonds :- Now Therefore This Indenture Stresset that the Company in consideration of the premises and of the service of one dollar Wit in hand faid by card Truster, the receipt where is hereby acknowledged, and further. secure the payment of the interest and principal of the bands here before designated, dothe in pursuance of The foregoing power and authority and of Every oth i power and authors, It hereto enabling, and in the exercise of the powers reserved To the company in The Raid Indenture dated March pr, 1916, hereby give, grant, bargain, sell, convey, assign, transfer, set over and deliver cuanto card international Trust Company, Trecetes, and its successarom office of TrustEr hereby created, all the property of said Haveest & and Starren Street artway Company of avery kuid and description, now owned or which may hereafter be acquired by it, (excepting cash and bank deposito) and including, without limiting the
generality of the foregoing, all the real, personal and nud property rights, locations, franchises, land, interests in land, heutenings structures, road bed, tracks, railway, machinery, electric
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motors, and atherelectrical Equipment rolling stock, cars, proces, miris, fixtures, appliances, tools, apparatus, furniture fuel, suppliers, books, documents contracts claiming, demands, choses in action, and all other property of said Railway Company (except Cash and bank deposits) conveyed the said worcester and Harken Street Railway Company by deed of Thomas , Robinson, Receiver of Hacen, Brookfield of Spencer Street Railway Compdry dated May 28, 1915 and duly recorded in Haxeester County Seedo.
To Have And To Hold the same warto the said party of the second part, rester as aforesaid, its successor and successors in said trust, and their assigns, un trust however, under the times of said indenture dated march Ofer, 1916, reference & which instructure is hereby made, and the terms of which are hereby incorporated las a part of this vindenture, fax the aqual pro rata benefit and security of the lawful holders and owners of the bands and coupons described in sarà indenture dated March first, 1916, now on hereafter issued under card in ducture at thesender inthout any preference of one boud over acathin by reason of priority of ceaus or otherwise du mithess whereof the said Harcenter and Harren Street Railway Company and the intimationial verast Company have herents and to
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Seal
three (3) counterpart originals hereaf ser Their respective seals and caused there presents the signed on their leed off by their officers there with duly authorized the day and year forst a love eruittree-
Marcusta Y Harran Street Railway Company by Frank L. Palmer
Seal
President
International Trust Company by Charles I Lancraft Resident HEury L. Jewitt. Secretary
Querconmatth of massachusetts.
Buffack, SS Amica 20. 1916 Ken personally appeared the above nawed Franck L. Valmuer President of the said Harcister and Warren Street Railway Company, and lewis & Hel come its Thecure, and
acknowledged the foregoing instrument The the free act and deed of the said Thorsten Therren Street Ballmay
Company, before me Dana Malone Justice of the Peace, AYEne Caly AttEr Record fax ecard June 22, 1916 or 10:30 A.M.
Laugh Sotasting Jawu Click
6'5
Contrach. Palmer Mars June 20. 1916 Francester County Too Co: Please deliver ance of to. School street the following good 1# 9-13 Ned Process Raude allow 50€ for Plats for which I agree A pay the sum of Thestern dollars as follows; 2 Dollars at the two? Rouge is mistalled and I Dallax her buouth.
It is especially agreed that the title To sard goods rechainin Har cest En County Das Co., will sand Run of 3.00 is fully hand in cash and an The Event of my failure To make the payments above specified whenduE I agree To surrender Gard goods Tosaid Company, its agreeto as assigns, whom demand and card Company, its agents ar cersigno, hors fall authority Router upon my premises or any place where Raud goods maybe, for the purpose of recusouing this sauce, without process of law, and parmes hard by pile on account shall be retained by para harcenter County Las Co., as a reason able compensation, I further agree not Wrecours said goods from The premises I now occupy without fruttin permission from sand Company. When said goods shall how hear fully Laid for de cording to the terms of This agreement they shall become by property. I than read This contract and the verbal agreement how been made Contrary to its conditions. Signature-
A. A. Ryan- Mr. John Mc Intyse. Atrac Copy atterr. Joseph . Hastings irina July 7. 1916. 7 Pm.
Clark
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I i
Commonwealth of massachusetts. L.S. Threestar, S.S. To the Sheriffs of Our Several Countries of their Deputies at Wany Constable of Taen ar City in Quid Commonwealth, Greeting: THE command you to attach the goods or Estate of Peter risposez, of It arren in said county to the value of Our hundred dollars, and Rumcon said DELEndant ( of the may be found in your precinct) A appear before the District Court of History Horecatex, at The Village of East Brookfield in the town of Brookfield, i said County, on Saturday, the fiftherTh day of July current, at aine of the clock, in the forewoon, then and When in aux said Cauch To answer muito Central Massachusetts Electric Company a corporation dely established by law und having a usual place of diesenis, in Palmar, in our Country of Hampden, m'au action of contract, which action is founded upon a claim for the necessarias of life formshad said defendant or his family Tothe damage of the said Plaintiff as it says, the prune of One Hundred Dollars, which shall then and there be made offear, with other duE damages. And how you there this, with your doing therain. Hatrecos, Atury E. Cattle, Esquer, or the Village of Event Brookfield in The Tour of Brookfield, the third day & July on the year of our hard thousand ne hundred and extern. A. F. Butterworth, Clerk,
A Copy Attest. Fred & Crawford Sheriff.
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Harasta, SS. July 3rd A. 8. 1916 Dy nitur of the nation Weet I have the day attached as the property of the within- defendant certaingoods and. chattels to it all the Ice in the Ice House # situated on the East side of South Street in the Village of Itest Starren in the Town of Herren, which by reason of pts bulk cannot die easily removed, said he house is kerown as the Bliss ALE house- Ared &. Crawford Deputy Sheriff.
Drive Copy Attest Entered when the Records July 8, 1916 ar 9. AMI
Gareth Starting
Eta Juna 1. 1916 le are deliver to me cat No. Marii Sv. It. It arrow the following goods; 1-# 11/2 Leon Dratur Heater Connected. for which I agree to pay the scene of Sixteen dollars as follows! 4.00 ich order, Balance 100 por uno. on 15,00 cash erken installed It is agreed that the title i pard good. Shall remain in (ampang's name until card leur of $16.00 es fully fand in cash found that in the Event of my failure A quale the payments cebois specified When due, Imel surrender said goods to said (andany, it's a great at assigns, refron demand, and That hard (ampduy, it's a quets or assigns, a ball have fall authianty Decetir refor un premierco, or any place where said goods may be, for the herface ofremoving the names enchant process of law, land all samus part, ay que on account shall be retained leyRand Company's name as compensation for the use afraid goods. further agree nof to reccon Qand goods from the precucin Inow occupy withour written percussion from said Company. The card goods shall have been fully hard for according to the terms of This agree Each they shall be come muy property I have read this agreement and no verbal agreements have hewe made contrary To its contentores. Signature as . 6. Moran Mitriou. accepted by A Prua Copy attirer peuple Gstarting July 25, 1916
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outrach
No. Police Quass Jeely 17. 1916 Haroistri County Los Co! Please deliver me at to Hear St. W. W. The following goods 1# 18-60 Veel Process range for which I agree pay The sun of muty three dollars as follows, $ 5.00 at the twin Rangs it installed and. 1 dollar for month watch paid for Ix is especially agreed that the title I sand Joods remain torent a Runt, Gas. Co. metal pand scena $ 23.00 is feelly paid in cash -and in the Event of my failure to make the Pay ments about specified when ducc I agree To surrender hard goods to said Cakupany, its a greets on assigns, refor demand, -und said (andany, its agulto as assigues, hove feel authority to enter for muy Frecuses or any place where said goods may be, for the purpose of removing the same, without process of law, and sauces paid by me on account shall bevitamina keycard Storcenter County Las Co., as a reasonable compensation, I further agree not A remove card goods from the premises I now occupy without written permission four said Company. When card goods shall than been fully paid for according to the terms of this agreement they shall become my property, I have read this contract - and no verbal agreements have been made contrary With conditions Signature
Fitness J. J. Ryan. REmbert Hety
X Per Copy Attser.
July 25,1916 faccia Austingo Town Clerk
Contract. Pacurit Has Aug 21. 19.6 Ftarcester facut, Las (0) Please deliver que ap to Heari At. Et Wehe following goods. 1# I'/2 Xeou Water Heater ni stalled ready foruse for which I agree to pay the Jums of ,00 dollars as follows. $5,00 cet the twit HeatEr is installed and 1. her an ouch wentel paid for
Ar is Especially, agreed that the title to card for do remain in thorcenter (Quent) Las. o. centil said ture of $15.00 is fully hard in cash and in the Event of failure To make the payment, alors specified when dus Iagree to surrender said goods said Company, its agreetos assigues, upon demand, and Raid Company, it agents or areigus, hors fall authority to cuter upon very precises at any place where Lard goods may be, for the purpose of vieccousing the same, without process of law, and pros yard by piel one, Account shall be retained by paid thorsten County Las (6. as a reasonable conf que ation, I further free not & Recevoir sacd goods from the heavens I now occupy without written ferencation from cald Company. His goods chod have lecce fully fard for ocaiding to the teneces of the green tech they had become my property. I have read this contract and no verbal agreements have been made contrary 0 its Conditioner.
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