of directors of said company in retiring said bonds at one hundred five dollars ($105) for each one hundred ($100) dollars face value thereof, plus all accrued interest remaining unpaid, at any time after five years from the date hereof, beginning with the bond bearing serial number "1" and making payment of said bonds in regular order according to the serial number thereof. Failure in any year to make the deposit above specified in said sinking fund, or neglect or refusal to make such deposit, shall be regarded and may be treated in every respect as a failure to pay matured principal and interest accruing upon said bonds, and upon such failure, neglect or refusal so to make such deposit in said sinking fund, said trustee may, at his own election, or may be required by the holder or holders of bonds outstanding to the face value of ten thousand dollars ($10,000) to take possession of the property herein mortgaged, or to foreclose the lien hereby created, in the same manner as hereinbefore provided in case of default. TENTH.-Said trustee shall not, nor shall any future trustee or trustees hereunder (unless requested by the holder or holders of bonds hereunder to the extent and value above stipulated in any one of the events which shall entitle such request to be granted) incur any liability or responsibility whatever in consequence of permitting or suffering the said company to be in possession of the mortgaged property hereinbefore mentioned, or any part thereof, and to use and enjoy the same; nor shall said trustee, nor any successor trustee or trustees, be or become liable for any destruction, deterioration, loss, injury or damage which may be done, or which may occur, to said company or to the assets hereby mortgaged, or agreed or intended so to be mortgaged, either by said company, or its agents or servants, or by any person or persons' whatsoever, without the consent of such trustee, nor shall any trustee or trustees, present or future, be in any wise responsible for the consequences of any breach of any covenant or agreement herein contained on the part of said company, or for any act of said company, its agents or servants, nor for any causes, matters or things whatsoever, except the wilful and intentional breach by such trustee or trustees of the terms of the trust hereby created and expressed. ELEVENTH.-And the said company further covenants and agrees that it will, from time to time, when and as requested by said trustee make any further deeds, conveyance or transfer unto said trustee, his successor or successors that may be required by said trustee under the advice of counsel. TWELFTH.—If said company, its successors or assigns, shall well and truly pay or cause to be paid to the person or persons, bodies politic or corporate, who shall become holders of the bonds secured or intended to be secured hereby, the several and respective sums expressed herein and in said bonds, at the times and places hereinbefore mentioned for the payment thereof, together with interest upon the same according to the provisions hereof, and of all of said bonds, without any default or further delay, then and in that event and from thence forth, this mortgage deed of trust and each and every of the bonds secured hereby, or hereby agreed or intended so to be shall become void and of no further effect, anything herein or in said bonds contained to the contrary thereof notwithstanding, and the said trustee, his successor or successors shall forthwith and in due form discharge this mortgage deed of trust in accordance with law. IN WITNESS WHEREOF the said ... Company has caused its corporate seal to be hereunto affixed, and the president and secretary of said company by virtue of the authority in them vested, have executed this indenture in the name and behalf of said company, and as the act and deed of said company, on the day and year first above written. COMPANY, within mortgage deed of trust, do hereby accept the foregoing trust according to the terms thereof. Trustee. Executed by said trustee in presence of (Annex usual jurat for acknowledgement by president and secretary of said company, and a separate jurat for acknowledgement by said trustee.) (Attach same form of jurat as in Sec. 473.) TABLE OF CASES (The references are to Sections.) A Ada Dairy Association v. Mears, 123 Mich. 470.. Adams Mining Co. v. Senter, 26 Mich. 73.. Aetna Ins. Co. v. Commonwealth, 106 Ky. 864, 45 L. R. A. 355.. 80 .60, 65, 68, 70 369 Ager v. Murray, 105 U. S. 126, 26 L. ed. 942.. 148 Agricultural Society v. Houseman, 81 Mich. 609, 614. 6 Aldine Mfg. Co. v. Phillips, 118 Mich. 162.. 70, 238 Aldrich v. Crawford Chair Co., 152 Mich. 369. 51 86 Alliance Milling Co. v. Eaton, Guinan & Co., 86 Tex. 401, 24 L. R. A. 95 369 Allington & Curtis Co. v. Reduction Co., 133 Mich. 427, 435.. 272, 114 Allis v. Voight, 90 Mich. 125.... 68 .19, 57, 109 59 95 58 366 343 Allnut v. Subsidiary High Court, 62 Mich. 110. American Matinee Ass'n. v. Secretary of State, 140 Mich. 579. ...29, 117, 119, 281 American Mirror & Glass Beveling Co. v. Bulkley, 107 Mich. 447... .11, 31, 33, 92, 183 American Steel & Wire Co. v. Eddy, 130 Mich. 266, 138 Mich. 403.. ...33, 86, 90, 92, 107, 154, 228, 275, 319 American Transportation Co. v. Moore, 5 Mich. 368, 385.. Andrews v. Brace, 154 Mich. 126. Anderson Carriage Co. v. Pungs, 127 Mich. 543. Atlantic Dynamite Co. v. Andrews, 97 Mich. 466....24, 29, 33, 39, 92, 192 109 257 108 .108, 111, 338, 339, 340, 355. Attorney General v. Bridgeman, 134 Mich. 379.. 54 12 6 50 |