Ibtiv, -of II!. Library u U 3no CONSUMERS POWER COMPANY r to HARRIS TRUST AND SAVINGS BANK, Trustee {Trust lubenture Dated January 2, 1911. Supplemental {Trust lubenture i v ,Vy* ' . £/, V' ' i Dated August 3, 1915. Securing First Lien and Refunding Five Per Cent. Twenty-five Year Gold Bonds. Authorized Issue $35,000,000. TRUST INDENTURE Dated January 2, 1911 Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/consumerspowercoOOcons TABLE OF CONTENTS.* Recitals : PAGE. 1 Parties Form of bond Form of interest coupon Form of Trustee’s Certificate 1 2 5 Granting Clauses : Grant and conveyance 6 Description of properties mortgaged 6-12 Real Estate, properties and rights 6 General mortgage 25 year 6 % bonds — $371,000 Commonwealth Power Company. . . 7 669.000 Grand Rapids-Muskegon Power Company 7 First mortgage 25 year 5 % bonds 8 $514,000 Flint Electric Company 8 130.000 Pontiac Power Company 8 504.000 Bay City Power Company, ....... 8 250.000 Consumers Power Company (Mich- igan) 8 1,250,000 Economy Power Company 8 590.000 Saginaw Power Company 9 Other securities pledged 9 Shares of stock 9-10 $369,000 demand note Saginaw Power Com- pany 10 Authorization of Trustee to receive additional security 10 *Tke table of contents and marginal notes are not in the mortgage as executed and recorded. 11 PAGE. Definition of “ Approved bonds” 12 Underlying mortgages 13 Habendum : 13 Grant in trust 14 ARTICLE ONE. Execution and Registration of Bonds. Sec. 1. Description of bond issue 15 2. Registration of bonds 15 3. Execution of bonds 16 Certificate of Trustee on bonds and effect thereof 16 4. Ownership of bonds 17 5. Temporary bonds 17 6. Replacement of mutilated and destroyed bonds . , 18 ARTICLE TWO. Authentication and Appropriation of Bonds. Sec. 1. First issue of 14,044,000 provided for. ..... 19 2. Not exceeding $6,188,000 reserved to refund underlying bonds 19 3. $24,768,000 and such of the $6,188,000 of bonds as may remain unissued after all underlying bonds shall have been ac- quired, reserved for extensions, enlarge- ments and additions 20 Authentication and delivery of bonds on acquisition of property 21 Deposit and application of proceeds 21 Limitations upon issue of bonds 22 Definition of “outstanding” 22 Limitations upon issue of bonds contained. . 23 Ill PAGE. Definition of “permanent,” in . connection with words “enlargements, extensions, or additions” 24 Orders for withdrawal of bonds 25 Directors’ resolution 25 Upon what Trustee may rely 25 4. Order for authentication and delivery of bonds 26 5. Trustee not required to authenticate bonds when Power Company in default 26 ARTICLE THREE. Particular Covenants of the Power Company. Sec. 1. Covenant to pay principal and interest 26 2. Covenants of warranty 27 To keep indenture a first lien on mortgaged property 27 3. To pay outstanding underlying bonds and other indebtedness 29 4. To execute instruments of further assurance 29 5. To pay taxes 30 6. Covenant as to dividend declared or paid by any subsidiary company 30 as to dividend declared or paid by Power Company 30 7. To conduct its business in an efficient man- ner 31 Covenant to observe and perform each and every condition 32 Covenants not to permit any right, privi- lege or franchise to lapse . 32 8. To keep proper books of record and account. 32 9. That no consolidation, merger, sale or lease shall be made which shall diminish the security of this indenture 33 IV PAGE. 10. To insure property 33 11. Not to extend time of payment of any cou- pon 34 12. Trustee may advance funds 35 13. The Power Company to maintain fiscal agencies 35 Demand to be made on Trustee if Company fail to maintain office or agency 36 ARTICLE FOUR. Concerning Special Trust Fund. -Sec. 1. Special trust fund for redemption of bonds. 36 2. To be held by Trustee and to be paid out for any of the following purposes : 36 (a) For redemption of bonds 36 (b) For permanent extensions, enlarge- ments and additions 36 Signatures on checks and drafts .... 37 ARTICLE FIVE. Concerning Pledged Securities. ISec. 1. Delivery of pledged securities to Trustee. . . 37 Trustee may accept additional security 38 Trustee not obliged to pass on validity of securities 38 Or to accept or transfer stock 38 •2. Transfer and stamping of pledged securities 38 To maintain existence of subsidiary com- panies 38 The Trustee empowered with rights of ab- solute owner of any bond or other obliga- tion held by it 39 V PAGE. 3. Until default Power Company to have voting power on all pledged securities 3D Proxies 39 Voting powers in case of default 40 Waiver of default 40 4. Until default Power Company entitled to dividends and interest 40 The Power Company to furnish to the Trustee upon request satisfactory evidence of the payment of coupons or claims 41 Payment of dividends and interest in case of default 42 Waiver of default 42 Disposition of payments on account of prin- cipal of pledged securities 42 5. The Power Company covenants not to volun- tarily sell or incumber any share of stock of any subsidiary company 43 To retain the rights and powers of the holder of a majority of the capital stock of each subsidiary company 43 To preserve the corporate existence and corporate rights of each subsidiary com- pany 43 6. Indebtedness of subsidiary companies limited and regulated 43 Subsidiary companies not to incumber or convey assets 44 Or to increase capital stock 44 7. Covenant as to consolidation or merger of subsidiary companies with Power Com- pany 44 8. Proceedings on liquidation or dissolution of subsidiary companies or sale of properties on foreclosure 45 Decrease of capital stock of any subsidiary company , 46 VI PAGE. Notes or other evidences of indebtedness of any subsidiary company to be exchanged for stock or other notes or evidences of in- debtedness 46 Regulations as to surrender by the Trustee to the Power Company of $369,000 de- mand notes of Saginaw Power Company. 46 9. Regulations in respect of bonds, notes, or other obligations of subsidiary companies. 47 10. Trustees may join in plan of reorganization. 48 11. Disposition of pledged bonds upon convey- ance of properties to Power Company 48 12. Power Company to provide for expenditures made by Trustee 49 ARTICLE SIX. Remedies of Trustees and Bondholders upon Default. Sec. 1. In case of default in payment of interest. . . 50 Majority of bondholders may waive default . 50 2. Trustee may take possession upon default. . 51 Power of sale upon default 51 Notice of sale 52 Parties restored to former relations if pro- ceedings by Trustee are discontinued 52 Personal property deemed fixtures 53 3. Property to be sold as an entirety unless impracticable or majority of bondholders request otherwise 53 Vesting title in purchaser 53 Effect of sale 54 4. Trustees duty to act upon request of holders , of 25^ of bonds 54 5. Application of proceeds of sale 55 To payment of costs and expenses. . . 55 Yll PAGE. To payment of principal and interest 55 Surplus to Power Company 55 6. Receipts of Trustee sufficient discharge to purchaser at sale 56 7. Bondholders may purchase at sale and apply bonds on purchase price 56 8. Waiver by Power Company of stay or ex- tension law 56 9. Covenant of Power Company to pay prin- cipal and interest upon default 57 When Trustee may recover judgment 57 10. No prejudice because of delay or omission of Trustee to exercise rights 58 11. Limitation upon right of bondholders to in- stitute proceedings 59 ARTICLE SEVEN. Waiver of Liability of Stockholders and of Officers. 60 ARTICLE EIGHT. Release Clauses. Sec. 1. Releases permitted 60 (1) Conditions specified 61 (2) If sold for cash, proceeds of sale to be de- posited with Trustee 61 (3) Substituted property to be subject to mortgage 62 (4) Resolutions and certificates shall be de- , livered to Trustee 62 (5) Certificate of engineers 63 (6) Trustee may require additional evidence. 63 2. Application of proceeds of property taken by eminent domain 64 Vlll PAGE. 3. Purchaser protected 64 4. Receiver or Trustee lawfully appointed may exercise powers of Power Company 64 5. Evidence to Trustee 64 6. Application of proceeds from sale of prop- erty released 65 ARTICLE NINE. Redemption of Bonds. Bonds, redeemable on any interest day subse- quent to January 1, 1916, at 105$ 65 Publication of notice and proceedings in respect of redemption 65 Defeasance upon deposit of redemption price. . . 66 ARTICLE TEN. Concerning the Trustee. Sec. 1. Conditions of acceptance of trusts 66 Trustee’s protection and immunities 66 2. Trustee to have first lien, for its reasonable compensation and expenses 69 3. Resignation of Trustee — 30 days’ notice to be given 69 4. Removal of Trustee 70 5. Appointment of successor 70 Notice of appointment by Power Company . 70 Appointment by bondholders 70 Vesting of mortgaged property in successor. 70 6. Appointment of co-trustee 71 7. Conditions of acceptance by successor trustee and every additional trustee 71 Notice delivered to Harris Trust & Savings Bank, or its successor shall be deemed to have been delivered to all trustees 72 IX PAGE. Instruments appointing a successor or addi- tional trustee shall refer to this indenture and the conditions of Article Ten 72 Additional trustee may appoint Harris Trust & Savings Bank or its successor its attor- ney in fact 73 Removal of additional trustee 73 Appointment of successor to additional trus- tee 73 Trustee protected in acting on certificates of officers 73 ARTICLE ELEVEN. Authentication of Bondholders’ Instruments. (a) Proof of execution 74 (i b ) Proof of ownership of bonds 74 ARTICLE TWELVE. Defeasance and Miscellaneous Provisions. Sec. 1. Power Company entitled to possession 75 2. Reversion of mortgaged property to Power Company upon performance 76 3. The term Power Company means Con- sumers’ Power Company or its suc- cessor 76 4. Definitions 77 5. Covenants herein contained to be binding on successors and assigns of Power Com- pany 78 X PAGE. 6. Bights limited to parties and bondholders. . 78 7. Marginal notes and index no part of in- denture 78 Testimonium clause 78 Signatures 79 Acknowledgments 80-81 an Hn&enture, dated as of the second day of January, A. D. 1911, by and between Consumers Power Company, a corporation duly incorporated and existing under and by virtue of the laws of the State of Maine, hereinafter some- times called the Power Company, party of the first part, and Harris Trust and Savings Bank, a corporation or- ganized and existing under and by virtue of the laws of the State of Illinois, and having its principal office in the City of Chicago, hereinafter sometimes called the Trustee, party of the second part : Whereas, the Power Company, for the purpose of making part payment for certain of the properties and securities hereby mortgaged and pledged, and to provide for the acquisition or payment of certain outstanding bonds secured by mortgages hereinafter mentioned, and also to provide for enlargements, extensions and additions of and to the properties of the Power Company and its sub- sidiary companies, the acquisition of additional bonds, and the construction and acquisition of additional properties, and for other lawful purposes, has duly resolved and de- termined by proper action of its stockholders and directors to create a series and make an issue of its First Lien and Refunding Five Per Cent. Twenty-Five Year Gold Bonds dated as of January second, 1 9 1 1 (hereinafter sometimes called the bonds), bearing interest at the rate of five per cent, per annum, payable semi-annually on the first days of January and July of each year ; and to secure the pay- ment of said bonds and the interest thereon has also by like proper action duly resolved and determined to execute and acknowledge this indenture ; and Whereas, the said bonds and the coupons pertaining thereto and the Trustee’s certificate on said bonds, shall be in substantially the following forms, respectively, viz. : Parties. Recitals. 2 [FORM OF BOND.] UNITED STATES OF AMERICA, State of Maine. CONSUMERS POWER COMPANY. Form of bond. jp{ rs f Li en and Refunding Five Per Cent . Twenty- Five Year Gold Bond. No $1,000. Consumers Power Company (herein termed Power Com- pany), a corporation duly incorporated under the laws of the State of Maine, for value received promises to pay to the bearer, or in case of registration to the registered holder hereof, on the first day of January, 1936, the sum of one thousand dollars ($1,000) in gold coin of the United States of America of or equal to the present standard of weight and fineness ; and to pay interest on said sum from the first day of January, 1911, at the rate of five per cent, per annum payable in like gold coin semi-annually on the first day of January and the first day of July in each year, in accordance with and Upon the presentation and sur- render of the interest coupons hereunto annexed as they respectively become due. All payments upon this bond both of principal and interest shall be made at the office of Harris, Forbes and Company in the City of New York, or at the option of the holder at the Harris Trust and Sav- ings Bank in the City of Chicago, and in each instance without deduction for any taxes, assessments or govern- mental charges which the Power Company, or the Trustee hereinafter mentioned, may be required to pay or to retain therefrom under any present or future law of the United States or of any State, county, municipality or other tax- ing authority, the Power Company agreeing to pay all such taxes, assessments and governmental charges. This bond is one of a series of coupon bonds of the Power Company known as its First Lien and Refunding 3 Five Per Cent. Twenty-Five Year Gold Bonds, limited to the aggregate principal amount of thirty-five million dol- lars at any one time outstanding, bearing interest at the rate of five per cent, per annum payable semi-annually, issued and to be issued under and all equally and ratably secured by and subject to a trust indenture dated as of the second day of January, 1911, executed by the Power Company to the Harris Trust and Savings Bank, as Trustee, and its successors in the trust. For a description of the property and collateral securi- ties mortgaged and pledged, the nature and extent of the security, the rights of the holders of bonds under the said indenture, and the terms and conditions upon which said bonds are issued and secured, reference is hereby made to said indenture, to all the provisions of which the holder of this bond, by accepting the same, assents. In case an event of default as defined in the said inden- ture shall occur, the principal of the bonds of said series may become or be declared due and payable in the manner and with the effect provided in the said indenture. As provided in said indenture, any or all the bonds of said series at the time outstanding may be redeemed at the election of the Power Company or its successors, on any first day of January or first day of July (but not prior to January 1, 1916), at one hundred and five per cent, of the face value thereof with accrued interest thereon, upon previous notice to be published at least once a week for twelve successive weeks in a newspaper published in the City of New York. This bond shall pass by delivery unless registered as to principal in the owner’s name at the office of the Trustee or at the office or agency of the Power Company in the City of New York, such registry being noted on this bond by a transfer agent of the Power Company. After such registry no transfer shall be valid unless made by the registered holder in person or by his attorney duly authorized and similarly noted on this bond, but the same may be discharged from registry 4 by being in like manner transferred to bearer, and there- upon transferability by delivery shall be restored. This bond may again from time to time be registered or dis- charged from registry in the same manner. No registra- tion however shall affect the negotiability of the coupons which shall continue transferable by delivery merely, and the payment thereof to bearer shall fully discharge the Power Company in respect of the interest therein men- tioned, whether or not this bond shall have been registered. No recourse shall be had for the payment of any part of the principal or interest of this bond against any incorpo- rator or any past, present or future stockholder, officer, or director of the Power Company, either directly or through the Power Company, by virtue of any statute or constitu- tion or by the enforcement of any assessment or otherwise, any and all individual liability of the said incorporators, stockholders, officers and directors of the Power Company being by the acceptance hereof and as a part of the con- sideration for the issue hereof expressly waived. This bond shall not be valid or become obligatory for any purpose until and unless authenticated by the certificate hereon indorsed of the Trustee under said indenture. In witness whereof, Consumers Power Company has caused these presents to be signed by its president or one of its vice-presidents, and its corporate seal to be hereunto affixed and attested by its secretary or one of its assistant secretaries, and has caused the attached interest coupons to be authenticated by the fac-simile signature of its treasurer engraved thereon, as of the second day of Janu- ary, 1911. Consumers Power Company, by Vice-President. Attest : 5 Assistant Secretary. 5 [FORM OF COUPON.] $25. No On the first day of ,19 , Consumers Power Company will pay to the bearer at the office of Harris, Forbes and Company, New York, or at the option of the holder at the Harrfs Trust and Savings Bank, Chicago, unless the bond mentioned below shall have been called for previous redemption, twenty-five dollars in gold coin, being six months’ interest then due on its First Lien and Refunding Five Per Cent. Twenty-Five Year Gold Bond No 5 Treasurer. [FORM OF TRUSTEE’S CERTIFICATE.] This is one of the series of bonds described in the within mentioned indenture. Harris Trust and Savings Bank, Trustee, by And whereas, all acts, proceedings and things neces- sary and required by law and the by-laws of the Power Company to make said bonds, when signed and sealed by the Power Company and authenticated by the Trustee, the valid, binding and legal obligations of the Power Com- pany, and to constitute and make these presents a valid and effective indenture of mortgage and trust have been done and taken and have happened, and the execution and issue of said bonds and the execution and acknowledgment of these presents have in all respects been duly authorized by the directors and stockholders of the Power Company in the manner provided and required by law : Form of interest coupon. Form of Trustee’s certificate. 6 Grant and conveyance. Properties mortgaged. NOW THEREFORE THIS INDENTURE WITNESSETH: that ill order to secure the payment of the principal and interest of all bonds of the Power Company at any time issued and outstanding under this indenture according to the pro- visions of said bonds and of this indenture and to secure the performance and observance of each and every the covenants, conditions and agreements herein contained, and for and in consideration of the premises and of the purchase and acceptance of such bonds by the holders thereof and of the sum of one hundred dollars to it duly paid by the Trustee at or upon the ensealing and de- livery of these presents, the receipt whereof is hereby ac- knowledged, — Consumers Power Company hereby grants, sells, bar- gains, aliens, releases, conveys, assigns, warrants, trans- fers, mortgages and pledges unto and with Harris Trust and Savings Bank as Trustee, and its successors in the trust hereby created, and to its and their assigns, all the following property, wheresoever situate, viz. : First . — All the real estate, water-rights, flowage-rights, sites, dams, reservoirs, generating plants, power houses, transmission lines, distribution systems, buildings, ma- chinery, boilers, dynamos, equipment, fixtures, appliances, tools, materials and supplies which may at any time be owned or acquired by the Power Company, and any and all betterments, improvements, additions, enlargements and extensions thereto and there.of in any manner and by whomsoever made or acquired. Second . — Also all the estate, right, title and interest, property, possessions, claims and demands whatsoever, as well in equity as at law, now owned, held, possessed, enjoyed or claimed by the Power Company or which it may hereafter acquire, own, hold, possess, enjoy or claim, and each and every part thereof. Also all books, records, accounts, franchises, rights, licenses, grants, agreements, contracts, rights of way, easements, privileges, servitudes, 7 and immunities which may at any time be acquired, owned, held or enjoyed by or conferred upon the Power Company. Also all other property and property rights of whatsoever character or nature and wheresoever situate, real, personal or mixed, which may at any time be owned, acquired, held, possessed or enjoyed by or in any manner conferred upon the Power Company; and the reversion and reversions, remainder and remainders, revenues, rents, income, tolls, issues and profits of each and every part of the property hereby mortgaged and pledged. Third . — The following described bonds each issue of which has been authorized and approved by the Michigan Railroad Commission and all of which bonds, with all un- paid and unmatured coupons pertaining thereto, have been or will be delivered to the Trustee, to wit : (a) $371,000 face amount General Mortgage Twenty- Five-Year Five Per Cent. Gold Bonds of the Commonwealth Power Company, dated June 1, 1910, issued under and se- cured by an indenture of general mort- gage dated June 1, 1910, made by the Commonwealth Power Company to the Harris Trust and Savings Bank as Trus- tee ; (b) 669,000 face amount General Mortgage Twenty- Five-Year Five Per Cent. Gold Bonds of the Grand Rapids-Muskegon Power Com- pany, dated June 1, 1910, issued under and secured by an indenture of general mortgage dated June 1, 1910, made by the Grand Rapids-Muskegon Power Com- pany to the Harris Trust and Savings Bank as Trustee ; (c) 514,000 face amount First Mortgage Twenty- Five- Year Five Per Cent. Gold Bonds of the Flint Electric Company, dated June 1371,000 General Mortgage 25-year 5 per cent, bonds Common- wealth Power Company. $669,000 General Mortgage 25-year 5 per / cent, bonds Grand Rapids- Muskegon Power Company. $514,000 First Mort- gage 25-year 5 per cent, bonds Flint Electric Company. 8 $130,000 First Mortgage 25-year 5 per cent, bonds Pontiac Power Company. $504,000 First Mortgage 5-year 5 per cent, bonds Bay City Power Company. $250,000 First Mortgage 25-year 5 per cent, bonds Consumers Power Company (a corporation of Michigan). $1,250,000 First Mortgage 25-year 5 per cent, bonds Economy Power Company. 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Flint Electric Com- pany to the Harris Trust and Savings Bank as Trustee ; (d) $130,000 face amount First Mortgage Twenty- Five-Year Five Per Cent. Gold Bonds of the Pontiac Power Company dated June 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Pontiac Power Company to the Harris Trust and Sav- ings Bank as Trustee ; (e) 504,000 face amount First Mortgage Twenty- Five- Year Five Per Cent. Gold Bonds of the Bay City Power Company, dated June 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Bay City Power Company to the Harris Trust and Savings Bank as Trustee ; (/) 250,000 face amount First Mortgage Twenty- Five- Year Five Per Cent. Gold Bonds of the Consumers Power Company (a cor- poration of Michigan) dated June 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Consumers Power Company (of Michigan) to the Harris Trust and Savings Bank as Trustee ; (g) 1,250,000 face amount First Mortgage Twenty- Five-Year Five Per Cent. Gold Bonds of the Economy Power Company dated June 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Economy Power Company to the Harris Trust and Savings Bank, as Trustee ; and 9 (A) $590,000 face amount First Mortgage Twenty- Five- Year Five Per Cent. Gold Bonds of the Saginaw Power Company dated June 1, 1910, issued under and secured by an indenture of first mortgage dated June 1, 1910, made by the Saginaw Power Company to the Harris Trust and Savings Bank as Trustee. Fourth . — The following described shares of stock, the certificates for all of which (except in each instance direct- ors’ qualifying shares) duly indorsed in blank for transfer have been or will be delivered to the Trustee, to wit : (a) $1,168,100 of the preferred stock and 1,500,000 of the common stock of the Common- wealth Power Company, a corporation of Maine, being the entire outstanding capital stock of the said corporation ex- cept $101,900 par value of the preferred stock thereof ; ( b ) 1,031,000 of the preferred stock and 1,500,000 of the common stock of the Grand Rapids- Muskegon Power Company, a corpora- tion of Maine, being the entire outstand- ing capital stock of the said corporation except $29,900 par value of the preferred stock thereof ; (c) 100,000 par value of the capital stock of the Flint Electric Company, a corporation of Michigan, being the entire outstand- ing capital stock of said corporation ; (d) 200,000 par value of the capital stock of the Pontiac Power Company, a corporation of Michigan, being the entire outstand- ing capital stock of said corporation ; $590,000 First Mortgage 25- year 5 per cent. Ponds Saginaw Power Company. Other securi- ties pledged. 3 369, 000 de- mand note Saginaw Power Company. Authorization of Trustee to receive addi tional secur- (e) $1,000,000 par value of the capital stock of the Saginaw Power Company, a corporation of Michigan, being the entire outstand- ing capital stock of said corporation ; (/) 200,000 par value of the capital stock of the Bay City Power Company, a corporation of Michigan, being the entire outstand- ing capital stock of said corporation ; (g) 500,000 par value of the capital stock of the Consumers Power Company, a corpora- tion of Michigan, being the entire out- standing capital stock of said corporation ; ( h ) 500,000 par value of the capital stock of the Au Sable Electric Company, a corpora- tion of Michigan, being the entire out- standing capital stock of said corporation ; (i) 1,000,000 par value of the capital stock of the Economy Power Company, a corpora- tion of Michigan, being the entire out- standing capital stock of said corporation; and (j ) 250,000 par value of the capital stock of the Central Power Company, a corporation of Michigan, being the entire outstand- ing capital stock of said corporation. Fifth. — $369,000 face amount demand note of the Saginaw Power Company dated December 31, 1910. Sixth . — Also any and all bonds, notes, obligations, se- curities, indebtedness and shares of stock of, and claims and demands against, any of the above-mentioned corpo- rations and any other corporation now or hereafter exist- ing which the Power Company may at any time own or hold or be entitled to receive, assert or demand. Seventh. — Also, any and all property of every name and nature, including shares of stock and other securities, 11 which may from time to time hereafter, by writing of any kind or by delivery be conveyed, mortgaged, pledged, assigned or transferred to the Trustee by the Power Com- pany or by any individual or other corporation, and ac- cepted by the Trustee ; and the Trustee is hereby authorized to accept and receive any such mortgage or pledge at any and all times as and for additional security hereunder and to hold and apply any and all such property subject to the terms hereof. Together with all and singular the tenements, heredita- ments and appurtenances belonging or in anywise apper- taining to all the aforesaid property or any part thereof, witli the reversion and reversions, remainder and remain- ders, rents, income and profits thereof, and all the estate, right, title and interest, and claim whatsoever at law as well as in equity which the Power Company now has or may at any time hereafter acquire in and to the aforesaid property and securities and every part and parcel thereof. It is intended and agreed that all of the property, real, personal and mixed of every kind and nature whatsoever and wherever situate which is or may at any time be in anywise acquired, owned, held, possessed or enjoyed by the Power Company or for the Power Company, shall be as fully embraced within the provi- sions hereof and subject to the lien hereby created as if the said property were specifically described herein and specifically mortgaged, pledged, conveyed, transferred and assigned hereby. All the property real and personal in any way hereby or hereafter conveyed, mortgaged, pledged, assigned or transferred to the Trustee for the purposes of or subject to this indenture or agreed or intended or provided to be, is in this indenture sometimes called the property hereby mortgaged and pledged, or the mortgaged property, or the mortgaged premises. All the bonds, notes and other obligations and the shares of stock and other securities in any way hereby or hereafter assigned, transferred or delivered to the Trustee, 12 Definition of “ approved Ponds..” or agreed or intended or provided to be, and the certificates therefor and the evidences thereof, are in this indenture sometimes called the pledged securities or the securities hereby pledged. The corporations mentioned in paragraph Fourth of the granting and pledging clauses of this indenture, the Grand Rapids Edison Company, and all other corporations now ex- isting or hereafter organized for the purpose of generating, transmitting, distributing or selling electricity, not less than ninety- five per cent. ( 95 %) of the outstanding capital stock of which said other corporations shall at the time be owned by the Power Company and the certificates for which (except in each instance directors’ qualifying shares) are then held by the Trustee under the provisions of Article Five of this indenture, are hereinafter collectively termed the subsidiary companies or separately a subsidiary com- pany. The term 4 ‘approved bonds” as used in this indenture shall be held to mean and be limited to the bonds specifically described in paragraph Third of the granting and pledging clauses of this indenture, and any other bonds (1) secured by a mortgage to a trustee which shall at all times be the same corporation as the Trustee here- under, duly created by a subsidiary company and con- stituting, save and except only the lien of this indenture or of a mortgage securing bonds on account of the acquisition, redemption or payment whereof, bonds may at the time be reserved under this indenture, a first mortgage upon all the properties at the time owned by such subsidiary company, and (2) so long as such authori- zation, approval or other sanction shall be required by law, which have been issued with or upon the authority, ap- proval or other sanction of the Michigan Railroad Commis- sion or any analogous body at the time invested with power in respect of such authorization, approval or other sanction which may succeed to or be substituted for said Michigan Railroad Commission, and (3) the forms of which bonds and the mortgage securing the same have been ap- proved in writing by counsel satisfactory to the Trustee. 13 At the date hereof there are outstanding the following mortgages, hereinafter termed underlying mortgages, se- curing the following outstanding bonds, hereinafter termed underlying bonds: 1. A first mortgage and trust deed, dated December 1, 1904, made by the Commonwealth Power Company to the First Trust and Savings Bank (Chicago) as trustee, under which there are now outstanding First Mortgage Twenty- Year Five Per Cent. Gold Bonds of said Commonwealth Power Company, aggregating $2,689,000 face amount; 2. A first mortgage and deed of trust dated March 1, 1906, made by the Grand Rapids-Muskegon Power Com- pany to the First Trust and Savings Bank (Chicago) as trustee, under which there are now outstanding First Mortgage Twenty-Five Year Five Per Cent. Gold Bonds of said Grand Rapids-Muskegon Power Company, aggregating $2,215,000 face amount ; 3. A first mortgage and deed of trust dated May 1, 1902, made by the Grand Rapids Edison Company, a New Jersey corporation, (the entire outstanding capital stock of which except $92,500 face amount of the preferred stock thereof is owned by the Grand Rapids-Muskegon Power Company and pledged under its first mortgage above mentioned) to the American Trust and Savings Bank (Chicago) as trustee, under w T hich there are now outstand- ing First Mortgage Five Per Cent. Gold Bonds of said Company, aggregating $972,000 face amount ; and 4. A first mortgage and deed of trust, dated May 1, 1900, made by the Lowell Water and Light Company to the American Loan and Trust Company (Boston) as trustee, under which there are now outstanding First Mortgage Twenty Year Gold Bonds of said Company aggre- gating $12,900 face amount, the property covered by said mortgage being now owned by said Grand Rapids Edison Company. Underlying mortgages. To have and to hold all and singular the said premises, Habendum. 14 Grant in trust. properties, bonds, shares of stock and other obligations and securities, rights, income, and also all other property and interests of any kind and of every nature, that by virtue of any provision hereof shall hereafter become sub- ject to this indenture, to the Trustee, its successors and assigns, forever: But in trust, nevertheless, under and subject to the conditions hereinafter set forth, for the equal and propor- tionate benefit and security of all present and future holders of the bonds and interest obligations issued and to be issued under this indenture and to secure the payment of such bonds and interest obligations when payable in ac- cordance with the provisions of such bonds and interest obligations, and to secure the performance of the covenants and agreements of the Power Company in this indenture set forth, without preference, priority or distinction as to the lien or otherwise of any one bond over any other bond by reason of the priority in the issue, sale or negotiation thereof or by reason of the purpose of its issue or by reason of any other cause; and after payment of the principal and interest of such bonds and interest obligations or after provision for the satisfaction thereof as hereinafter author- ized, then upon the further trusts hereinafter set forth. And it is hereby covenanted and agreed that all such bonds with the coupons for interest pertaining thereto are to be issued, authenticated and delivered, and that all property subject or to become subject to the lien or pro- visions of this indenture is to be held, subject to the further covenants, conditions, uses and trusts hereinafter set forth; and the Power Company, for itself, its successors and assigns, does covenant and agree with the Trustee and with the respective holders from time to time of said bonds and coupons or any part thereof as follows, to wit : 15 ARTICLE ONE. Execution and Registration of Bonds. Section 1 . The bonds to be issued under and secured by this indenture and the coupons pertaining to the bonds shall respectively be substantially of the tenor and purport above recited, and said bonds shall be known as Con- sumers Power Company First Lien and Refunding Five Per Cent. Twenty-Five Year Gold Bonds. The aggregate of all the bonds which may be issued under this indenture shall not exceed the aggregate principal face amount of thirty-five million dollars ($35,000,000) at any time outstanding. The bonds hereby secured shall be of the denomination of one thousand dollars, and shall be dated as of January 2, 1911, and shall be numbered con- secutively from one (1) upwards. Section 2. The Power Company will, at the office of the Trustee and also at an office or agency of the Power Company in the City of New York, upon presentation of any of the bonds for such purpose and under such reasonable regulations as it may prescribe,’ register, without charge or expense to the holder, the ownership of the principal thereof. Such registry shall be noted on the bond, after which no transfer shall be valid unless made by the registered holder in person or by his attorney duly authorized, and similarly noted on the bond, but the said bond may be discharged from registry by being in like manner re-transferred to bearer, after which it shall be transferable by delivery. Any bond trans- ferred as payable to bearer may be registered again in the name of the holder thereof with the same effect as a first registration thereof. Successive registrations and transfers as aforesaid may be made from time to time as desired, and each registration of a bond shall be noted thereon. No such registration shall affect the negotia- bility of the coupons belonging to any bond, but the cou- Descrlption of bond issue. Registration of bonds. 16 Execution of bonds. Certificate of Trustee on bonds and effect thereof. pons shall continue to pass by delivery and shall remain payable to bearer. Section 3. All bonds issued hereunder from time to time shall be signed on behalf of the Power Company by its president or one of its vice-presidents, and its corporate seal shall be thereunto affixed and attested b}^ its secretary or one of its assistant secretaries. The bonds shall then be delivered to the Trustee for authentication by it, and the Trustee shall authenticate and deliver said bonds as in Article Two hereof provided and not otherwise. In case any officer who shall have signed or sealed any of the bonds shall cease to be such officer of the Power Company before the bonds so signed or sealed shall have been actually authenticated and delivered by the Trustee, such bonds, nevertheless, may be authenticated and de- livered as though such officer who signed or sealed such bonds had not ceased to be an officer of the Power Com- pany. The coupons to be attached to the bonds shall be authenticated by the engraved fac-simile signature of Geo. E. Hardy, the present treasurer or of any future treasurer of the Power Company, and the Power Com- pany may adopt and use for that purpose the engraved signature of any person who shall have been such treas- urer notwithstanding the fact that he may have ceased to be such treasurer at the time when such bonds shall be actually authenticated and delivered. Before authenticat- ing or delivering any bond, all coupons thereon then ma- tured shall be cut off and canceled and on its written de- mand delivered to the Power Company. Only such bonds as shall bear thereon indorsed a certifi- cate substantially in the form hereinbefore mentioned, duly signed on behalf of the Trustee, shall be secured by this indenture or entitled to any lien, right or benefit here- under. No such bond shall constitute or evidence a con- tract of the Power Company or be valid or obligatory for any purpose unless and until the same has been authenticated as aforesaid, by the Trustee. Such certifi- cate of the Trustee upon any such bond, signed and sealed IT on behalf of the Power Company, shall be conclusive and the only evidence that the bond so authenticated has been duly issued hereunder and that the holder or registered owner is entitled to the benefit of the trusts hereby cre- ated, and that the said bond evidences a binding contract and is a valid obligation of the Power Company. Section 4. As to all bonds registered as to principal, the person in whose name the same shall be registered shall for all purposes of this indenture be deemed and regarded as the owner thereof, and thereafter payment of the prin- cipal of such registered bonds shall be made only to or upon the order of such registered holder thereof. All such payments shall be valid and effectual to satisfy and dis- charge liability upon such bonds to the extent of the sum or sums so paid. The Power Company and the Trustee may deem and treat the bearer of any bond which shall not at the time he registered as to principal and the bearer of any coupon for interest upon any bond, whether such bond shall be registered or not, as the absolute owner of such bond or coupon for the purpose of receiving pay- ment thereof and for all other purposes whatsoever, and the Power Company and the Trustee shall not be affected by any notice to the contrary. Section 5. Until the definitive bonds can be engraved and printed the Power Company may sign and seal and upon its request the Trustee shall authenticate and deliver, in lieu of such engraved bonds and subject to the same provi- sions, limitations and conditions, temporary printed or lithographed bonds, substantially of the tenor of the defini- tive bonds, except that no coupons shall be attached to such temporary bonds and that such temporary bonds may be for one thousand dollars of principal or any multiple thereof. Each such temporary bond shall bear upon its face the words “Temporary First Lien and Refunding Five Per Cent. Twenty-Fi ve-Year Gold Bond,” and shall be authenticated by the Trustee in like manner as hereinabove provided for the definitive bonds ; and the Ownership of bonds. Temporary- bonds. 18 Replacement of mutilated and destroyed bonds. authentication by the Trustee shall be the only and con- clusive evidence that the bond so authenticated has been duly issued hereunder and that the holder is entitled to the benefit of this indenture. Such temporary bonds shall ' be exchangeable, without charge or expense to the holder, for a like face amount of temporary bonds of different denominations, or definitive engraved bonds when the same are engraved and ready for delivery ; and upon the surrender of any such tem- porary bonds for exchange such temporary bonds shall forthwith be canceled by the Trustee and delivered to the Power Company on* its written demand, and the Power Company at its own expense shall issue and the Trustee shall authenticate and deliver in exchange therefor, tem- porary or engraved bonds for the same aggregate principal amount as the temporary bonds surrendered. Until so ex- changed, each of said temporary bonds in all respects shall be entitled to the lien and security of this indenture as a definitive bond issued and authenticated hereunder; and interest thereon when and as payable shall be paid and indorsed thereon. Each such temporary bond shall be surrendered to and canceled by the Trustee before it shall deliver any bond or bonds to replace such temporary bond. Section 6. In case any bond issued hereunder shall be- come mutilated or be destroyed or lost, the Power Com- pany in its discretion may make and thereupon the Trustee shall authenticate and deliver in substitution therefor, a new bond of like tenor and date and bearing the same serial number as the bond so mutilated, destroyed or lost. In case of mutilation the applicant for such bond shall surrender the mutilated bond and the coupons pertaining thereto for cancellation. In case of destruction or loss,, the applicant for a substituted bond and coupons shall furnish to the Power Company and also to the Trustee evidence to the satisfaction of each of them of the destruction or loss of such bond and coupons and also such security or in- demnity as may be required by the Power Company and the Trustee. 19 ARTICLE TWO. Authentication and Appropriation of Bonds. Section 1 . Four million forty-four thousand dollars ($4,014,000) face amount of the bonds hereby secured shall be signed and sealed by the Power Company and be authenticated and delivered by the Trustee upon the written order of the Power Company, signed by its presi- dent or vice-president and its treasurer or one of its assistant treasurers, upon the delivery to the Trustee hereunder of the approved bonds, certificates for shares of stock and notes specifically described in paragraphs third, fourth and fifth of the granting and pledging clauses of this indenture. Section 2. Not exceeding six million one hundred and eighty-eight thousand dollars ($6,188,000) face amount of bonds hereby secured shall, from time to time, be signed and sealed by the Power Company and be authenticated and delivered by the Trustee upon the written order of the Power Company signed by its president or one of its vice- presidents and its treasurer or one of its assistant treas- urers, to an amount or amounts in face value not exceeding the reasonable cost to the Power Company or a subsidiary company of acquiring by purchase or exchange or of pro- viding the funds to redeem or pay, in accordance with the terms thereof, any or all of the $5,889,000 face amount of underlying bonds outstanding at the date hereof (including bonds acquired, redeemed or paid under the sinking fund provisions of any underlying mortgage) ; provided, that such underlying bonds uncanceled, with all unpaid and un- matured coupons pertaining thereto attached, or, in lieu thereof, at least an equal face amount of approved bonds shall be delivered to the Trustee to be held by the Trustee under and subject to the provisions of Article Five of this indenture ; it being understood that in case the properties covered by the mortgage securing any underlying bonds shall have been conveyed to the Power Company and sub- First issue of $4,044,000 provided for. Not exceeding $6,188,000 reserved to refund underlying bonds. 20 jected to the lien hereof, the Power Company may, at its option, instead of depositing with the Trustee such underlying bonds or approved bonds as aforesaid, deliver to the Trustee a certificate signed by the trustee under the mortgage securing such underlying bonds showing that such underlying bonds have been paid or redeemed or that there has been deposited with such trustee for the redemption or payment thereof the necessary funds, including sinking fund payments then on hand, but excluding funds applicable to the payment or redemption of such underlying bonds by virtue of any insurance or partial release provisions of such mortgage securing the same. There shall at all times be reserved for authentication and delivery under the provisions of this section 2 a face amount of bonds equal to the face amount of all underly- ing bonds which shall not, at the time, have been acquired, redeemed or paid in accordance with the provisions of this section 2. $24,768,000 and such of the $6,188,000 of bonds as may remain unissued after all underlying bonds shall have been acquired reserved for extensions, enlargements and additions. f Section 3. Twenty-four million seven hundred and sixty-eight thousand dollars ($24,768,000) face amount of the bonds hereby secured, and also such of the $6,188,000 face amount of bonds mentioned in the foregoing section 2 of this Article Two as may remain unissued after all of the underlying bonds shall have been acquired, redeemed or paid, and canceled, shall from time to time be authenti- cated and delivered by the Trustee upon the written order of the Power Company to a face amount not exceeding eighty per cent. (80^) of the actual and reasonable cash expenditures for and fair value of (a) any electric generating, transmission, distribution or water power plant or system in the State of Michigan acquired, as an entirety or substantially so, by the Power Company or a subsidiary company after December 31, 1910, or (6) permanent extensions, enlargements and additions of and to the real estate, plants, machinery, equipment and other fixed property, in said State, of the Power Com- 21 pany or a subsidiary company purchased or constructed after said December 31, 1910. In case the Power Company shall at any time hereafter apply for the authentication and delivery of bonds here- under on account of the acquisition by the Power Com- pany or a subsidiary company of any property which shall be subject to or be chargeable with the payment of any existing indebtedness, the principal amount of such in- debtedness shall be included as a part of the cash cost of such property in computing the amount of bonds to be authenticated and delivered hereunder on account of such acquisition; provided that of such bonds an amount in face value equal to the principal of such indebtedness shall be reserved by the Trustee without authentication, and shall from time time thereafter be authenticated and delivered by the Trustee, upon the order of the Power Company, as and only to the extent that (a) payments may be made from time to time on the principal of such in- debtedness out of funds other than funds applicable to the payment of such indebtedness by virtue of any insurance or partial release provisions of any mortgage or other in- strument securing such indebtedness, or (b) the evidences of such indebtedness may be acquired under the sinking fund provisions of such mortgage or other instrument ; and pro- vided further that no bonds shall at any time be authenti- cated and delivered on account of the purchase price of any such incumbered plants or properties when the aggregate amount of bonds so required to be reserved by the Trustee without authentication, including bonds then reserved on account of the indebtedness against previously acquired incumbered plants or property, shall exceed the aggregate sum of $1,000,000 face amount. The Trustee shall from time to time, upon the order of the Power Company, authenticate and deliver any of the bonds of the Power Company mentioned in this section 3 upon deposit with the Trustee by the Power Company of a sum in cash equal to the face amount of the bonds so authenticated and delivered; provided, however, that the Authentica- tion and delivery of bonds on acquisition of property. Deposit and application of proceeds. 22 Limitations upon issue of bonds. amount of such cash on deposit with the Trustee under this provision shall not at any one time exceed the sum of seven hundred and fifty thousand dollars ($750,000). Such cash so deposited may from time to time be withdrawn upon the order of the Power Company to an amount or amounts not exceeding eighty per cent. (80$) of the actual and reason- able cash expenditures for and fair value of any such plant, system, extensions, enlargements and additions, and until so wfithdrawm shall constitute part of the mortgaged and pledged property. No bonds shall, however, be authenticated under the provisions of this section 3 unless, for a period of twelve calendar months ending not more than sixty (60) days prior to the application for such authentication the com- bined (a) income by way of rentals and lease moneys from subsidiary companies for lands which are at the time of such application subject to the direct lien of this indenture and (b) earnings from the operation of the plants and properties at the time of such application owned by the Power Company and subsidiary companies, after deducting from such income and earnings all operating expenses, including taxes, rentals, insur- ance and reasonable and proper expenditures for main- tenance and renewals, shall have been (1) in the case of each application for the authentication and delivery of any or all of the first one million five hundred thousand dollars ($1,500,000) face amount of bonds under this section 3, one and one-half times, and (2) in the case of each application for the authentication and delivery of any and all additional bonds under this section 3, one and three-quarters times, the total annual interest charges on or because of (a) all bonds then outstanding hereunder, including the bonds for the authentication and delivery of which application is then made hereunder, (b) any and all then outstanding bonds and indebtedness secured by a lien or liens prior to that of this indenture bn the mortgaged and pledged property or any part thereof, and (c) any and all then outstanding underlying bonds and other bonds and indebtedness of subsidiary companies, together with an 23 amount equal to six per cent. ( 6 %) of the par value of any then outstanding shares of preferred stock of subsidiary companies. The word “ outstanding ” as used in this section 3 shall not include or be construed to mean any bonds, indebtedness or shares of preferred stock of any subsidiary company at the time owned by the Power Company or held under and subject to the provisions of an underlying mortgage or a mortgage securing approved bonds. No bonds shall be authenticated and no cash shall be withdrawn under the provisions of this section 3, on account of expenditures (1) made for the acquisition of any real estate or the construction of any plants, build- ings or other improvements thereon unless said real estate shall have been specifically subjected to the lien of this indenture or to the lien of a mortgage securing approved bonds ; (2) made out of any insurance moneys received by the Power Company or a subsidiary company ; (3) made out of proceeds from the sale of any property of the Power Company or a subsidiary company; (4) made the basis for the withdrawal from the special trust fund mentioned in Article Four of this indenture ; (5) made for properties and equipment against which there are outstanding at the time any valid contractors’, mechanics’ or vendors’ liens ; (6) previously made the basis for the authentication of bonds or the withdrawal of cash under the provisions of this section 3 ; (7) made out of the proceeds of any of the bonds mentioned in section 1 of this Article Two ; or (8) made for the development of any water power not at the date hereof actually in course of construction or for the acquisition, as an entirety or substantially so, of any electric gener- ating, transmission, distribution or water power plant or system, unless and until, in each instance, there shall have been filed with the Trustee the written opinion of a competent engineer selected or approved by the Trus- tee that such expenditures for such development, purchase or acquisition are advisable from the standpoint of the Definition of “outstand- ing.” Limitations upon issue of bonds continued. 24 Definition of “ permanent ” in connection with words “ enlarge- ments, exten- sions or additions.” Power Company and that the same will not in any man- ner impair, diminish or endanger the security of the hold- ers of the bonds issued hereunder, it being understood that the fair value of any such electric generating, transmission, distribution or water power plant or system acquired as an entirety or substantially so, shall be limited to the fair value of the physical property constituting such plant and system as determined by such engineer and by him certified to the Trustee without considering any earning power, franchises or good will of or pertaining to such plant and system. No bonds shall be authenticated and no cash shall be withdrawn under the provisions of this section 3 for or on account of expenditures or payments by any subsidiary company, unless prior to or concurrently with such authen- tication or withdrawal there shall be delivered to the Trustee to be held under and subject to the provisions of Article Five of this indenture all approved bonds of such subsidiary company issued or entitled to be issued on account of such expeditures, the face amount of which approved bonds shall be equal to at least 112|$ of the face amount of the bonds so authenticated hereunder or of the cash so withdrawn. The word “ permanent ” or any similar expression herein contained when used in connection with the words ‘ 4 en- largements, extensions or additions,” shall not be construed to mean or to include such repairs and replacements as may be necessary to keep and maintain in good and business- like working order and condition the property subject and provided to be subjected to the lien of this indenture or to the lien of a mortgage of a subsidiary company; and no bonds shall be issued under this indenture for the purpose of providing funds thus to keep and maintain such properties in such order and condition nor for replacing old or worn-out property; provided, however, that whenever old or worn-out property is replaced by property of greater cost than the original cost of the old or worn-out property, then such excess of cost of 25 such new property acquired in exchange or substitution for such old or worn-out property and such excess only shall be deemed enlargements, extensions or additions, for which bonds may be authenticated and delivered under this indenture. Every order of the Power Company for the authentica- tion and delivery of bonds or the withdrawal of cash under the provisions of this section 3, shall be executed in the name of the Power Company, by its president or vice-presi- dent and attested by its secretary or assistant secretary under its corporate seal, and shall be delivered to the Trustee, accompanied by a certified copy of a resolution of the board of directors of the Power Company authorizing such order, and also by the sworn statements of the president or vice-president and of the engineer and the treasurer or assistant treasurer of the Power Company showing the existence of all facts in relation to the expen- ditures, earnings and interest charges of the Power Com- pany necessary to entitle the Power Company, under the provisions of this section 3, to the authentication and de- livery of such bonds or the withdrawal of such cash. The Trustee shall be fully protected in acting upon any such order accompanied by such certified copy of a resolu- tion and by such sworn statements. The Trustee however shall have the right but shall not be obliged to require the Power Company to furnish any further evidence which the Trustee may deem advisable or necessary in the premises in order to establish the right of the Power Company to the authentication and delivery of any bonds or the with- drawal of any cash mentioned in such order ; and the Trustee may in its discretion cause to be made such inde- pendent investigation as it may see fit in respect of any and all matters mentioned in any such order, resolution or statement ; and the Trustee may cause the books and vouchers of the Power Company and of the successors, assigns and lessees of the Power Company, and of the subsidiary companies, to be examined by some accountant selected or approved by it for the purpose Order for withdrawal of bonds. Directors’ resolution. Upon what Trustee may rely. 26 Order for authentication and delivery of bonds. Trustee not required to authenticate bonds when Power Com- pany in default. To pay prin- cipal and interest. and believed by the Trustee to be competent and disin- terested. The expense involved in each such examination and investigation and the report thereof to the Trustee shall be paid by the Power Company. Section 4. Every order for the authentication and delivery of bonds or the withrawal of cash under any pro- vision of this article shall be accompanied by the written opinion of counsel selected or approved by the Trustee, to the effect that the Power Company has complied with all conditions precedent to the authentication and delivery of the bonds or the withdrawal of the cash specified in such order, and that any such bonds when authenticated and delivered by the Trustee will be the valid legal obligations of the Power Company and entitled to the security of this indenture. The Trustee shall be fully protected in rely- ing upon any such opinion of counsel not only as to the opinions expressed therein but also as to any statements of fact made therein. Section 5. The Trustee shall not be required to authen- ticate or deliver any bonds hereunder when the Power Company shall, to the knowledge of the Trustee, be in de- fault in respect of any covenant, condition or agreement contained in this indenture. ARTICLE THREE. Particular Covenants of the Power Company. Section 1 . The Power Company covenants that it will duly and punctually pay the principal of the bonds hereby secured, at the maturity of said bonds, without deduction for any United States, State, county, municipal or other taxes, assessments or governmental or other charges which the Power Company or the Trustee may be re- quired to pay or to deduct or retain therefrom by reason of any present or future law, and that it will duly and 27 punctually pay any and all such taxes, assessments and charges, and that at least three days prior to the date on which each instalment of interest on said bonds will be- come due or within such shorter period prior to said date as the Trustee may in writing allow for that purpose, it will deposit with the Trustee the entire amount necessary to pay the coupons due on such interest date on all said bonds then outstanding, without deduction for any such tax, assessment or governmental or other charge as afore- said; and each such instalment of interest money so de- posited, shall be held by said Trustee as a special de- posit for the account of the holder or holders of the cou- pons due on such interest date to be applied by said Trustee directly or through Harris, Forbes and Company or its suc- cessor, to the payment of such coupons upon the presenta- tion and surrender thereof; and such coupons so paid shall be canceled and delivered to the treasurer of the Power Company or upon his order. Section 2. The Power Company covenants (1) that it is lawfully seized and possessed of all the property hereby mortgaged and pledged, and that it has good right and lawful authority to mortgage and pledge the same as pro- vided in and by this indenture, and it will at all times warrant and defend the title thereto to the Trustee, its successors or assigns,, for the benefit of the holders for the time being of the bonds issued and to be issued here- under, against the lawful claims and demands of all per- sons whomsoever; and (2) that except as by this inden- ture otherwise expressly provided this indenture is and will at all times be kept a first lien upon all the property hereby mortgaged and pledged now owned or hereafter acquired by the Power Company or its successors or assigns ; and (3) that no lien or charge having priority to or preference over the lien of this indenture upon the property hereby mortgaged and pledged or any part thereof or upon the income therefrom, except only any mortgage on any prop- erty hereafter acquired, as by this indenture authorized, Covenants of warranty. —To keep indenture a first lien on mortgaged property. J 28 and existing at the date of such acquisition, will be created or suffered or permitted to be created or to exist ; and (4) that neither the value of the mortgaged property, except as affected by a reasonable and proper use thereof, nor the lien and security of this indenture, will be diminished or impaired in any way as a result of any action or non-action on the part of the Power Company or any of the subsidiary companies, or its or their successors or assigns. The Power Company covenants that it has lawful right and authority to own, hold, mortgage and pledge the property hereby mortgaged and pledged and agreed and intended so to be ; that each of the subsidiary companies has like lawful right and authority in respect of its property and the operation and maintenance thereof; that such lawful right and authority shall be maintained and at all times continue and exist; and that if the Trustee shall at any time be advised by counsel selected or approved by the Trustee that any step, act, conveyance, transfer or pro- ceeding is necessary to be taken by the Power Company or any of the subsidiary companies or the successor or assign of either of them, for the protection of the rights of the Trustee or of the security of the bondholders, and shall re- quest that any such step, act, conveyance, transfer or pro- ceeding shall be taken, done, made or had by the Power Company or any such subsidiary company, successor or as- sign, the said step, act, conveyance, transfer or proceeding will be forthwith taken, done, made or had; and in case of any failure in any of said respects the Trustee is hereby authorized and empowered, and irrevocably constituted attorney in fact, in the name and under the authority of the Power Company or of any such subsidiary company, its successor or assign, and at the expense of the Power Com- pany, to take such steps, do such acts, make such convey- ances and transfers and institute and conduct such pro- ceedings as to the Trustee, being advised by counsel selected or approved by it, may seem appropriate or ad- visable. 29 Section 3. The Power Company covenants that the principal and interest of all underlying bonds and other indebtedness now or hereafter secured by a lien or liens upon any part of the property of the subsidiary companies or upon any part of any property which may be here- after acquired or belonging to a corporation any of whose shares of stock may at any time hereafter be acquired by the Power Company or by any subsidiary company, will be paid at or before the respective maturities of such bonds and other indebtedness ; that all the covenants, con- ditions and agreements of the respective mortgages or other instruments securing such bonds or other indebted- ness will be in all respects fully complied with ; that the aggregate of underlying bonds outstanding at the date of this indenture is not in excess of $5,889,000 face amount ; that no additional bonds will be issued und§r any of the mortgages securing said underlying bonds ; that the Power Company will make or cause to be made provision effective in the opinion of counsel selected or approved by the Trustee that each and every approved bond which may at any time be authenticated shall not be deliverable or delivered otherwise than to the Trustee for the time being under this indenture to be held as part of the pledged se- curities ; that no bonds or other evidences of indebtedness will be issued under any other mortgage of any subsidiary company at any time created except only directly to the Trustee hereunder to be held as part of the pledged securi- ties ; and that in case the Power Company shall hereafter acquire any plants, property or equipment subject to any secured indebtedness, the principal of such indebtedness will not thereafter be increased. Section 4. The Power Company and the subsidiary companies and its and their respective successors and assigns, and each and every person having or holding any estate, right, title or interest in and to the property hereby mortgaged and pledged, from time to time on written demand of the Trustee or its successor or successors, will —To pay- outstanding underlying Ponds and other indebtedness. —To execute instruments of further assurance. 30 To pay taxes. Covenant as to dividend declared or paid by any subsidiary company. —as to divi- dend declared or paid by the Power Company. make, do, execute and acknowledge all such further acts, deeds, conveyances, assignments, transfers and assurances in the law as may be reasonably advised, devised and re- quired for effectuating the intention of these presents and for the better assuring or confirming unto the Trustee, and its successor or successors in the trust hereby created, upon the trusts and for the purposes herein expressed, all and singular the property hereby mortgaged and pledged or intended or agreed so to be. Section 5. The Power Company further covenants that it will pay all taxes, assessments and governmental charges assessed against the property covered hereby or any part thereof, including all shares, bonds or other securities held by the Trustee hereunder, or upon the interest of the Trustee therein, so that the lien of this mortgage shall be maintained unimpaired at all times during the continu- ance hereof ; provided nevertheless that the Power Com- pany shall have the right to contest any such tax, assess- ment or charge, and pending such contest may delay or defer payment thereof, unless thereby in the opinion of counsel selected or approved by the Trustee the rights and security of the bondholders will be materially endangered. Section 6 . The Power Company covenants that no subsidiary company will at any time declare or pay any dividend on any of its capital stock except out of sur- plus net earnings then remaining on hand after deducting therefrom all operating expenses and fixed charges, in- cluding in such operating expenses taxes, insurance premiums and reasonable expenditures for maintenance, renewals and repairs; and further, that the Power Com- pany will not at any time declare or pay any dividend on any of its capital stock except out of its surplus net earnings then remaining on hand after deducting there- from all operating expenses and fixed charges, including in such operating expenses taxes, insurance premiums and reasonable expenditures and reserves for maintenance, renewals, repairs and depreciation, and including also the 31 payments to the special trust fund in Article Four of this indenture specified; provided, however, that any payments into the said special trust fund may be considered as credits on account of depreciation. If at any time any dividend shall be paid or any dis- tribution to stockholders shall be made by the Power Com- pany or by any subsidiary company, which shall at the time of such payment or distribution be in contravention of the aforesaid provisions of this section 6 in that be- half, the Power Company will within ten days after de- mand therefor by the Trustee pay the aggregate amount of such dividend or other distribution to the Trustee to be- come a part of the special trust fund mentioned in Article Four of this indenture and to be held and disposed of as in said Article Four is provided. Section 7. The Power Company covenants that the business of the Power Company and of the subsidiary companies and of their several and respective succes- sors, assigns and lessees, and the operations of all said companies, will be continuously carried on and con- ducted in an efficient manner; that all property, plants, appliances, systems and equipment useful and necessary in the carrying on of such business will be kept in thorough repair and maintained in a state of high operating effi- ciency, and if worn out or injured will be replaced by other property suitable to the business and of at least equal value ; that the subsidiary companies now have com- plete and lawful authority and privilege to maintain and operate their respective entire plants and properties, and that during the full term hereof the authority and privilege so to own, hold, maintain and operate said plants and properties as they now exist or as they may hereafter exist or be extended will continuously be kept in force, held and maintained; and that no waste in respect of any part of the property of the Power Company or of any subsidiary company will, in any manner or by any person or corpora- tion, be committed or suffered. To conduct its business in an efficient manner. 32 Covenant to observe and perform each and every condition. Covenants not to permit any right, fran- chise or privilege to lapse. The Power Company covenants that it and each of the subsidiary companies will at all times duly keep, perform and observe each and every the terms and condi- tions obligatory upon it of any and all grants of easements, rights of way, privileges and immunities, including munici- pal grants and franchises, and of each and every contract for the purchase, sale, transmission or delivery by it or any of the subsidiary companies or its or their respective successors, assigns and lessees, of electric power or current, and that neither of them will cause, suffer or permit any such grant or contract to be forfeited or broken or ma- terially endangered. The Power Company covenants that neither it nor any of the subsidiary companies will suffer or permit any of its rights, franchises and privileges to lapse or be for- feited, and that it and each of them will use all reasonable efforts to obtain from time to time all renewals and ex- tensions of such rights, franchises and privileges so as to keep and maintain the same in full force and effect; and the Power Company and each of the subsidiary com- panies will at all times do, take and perform any and all acts, steps and requirements prescribed or to be pre- scribed by law, or prescribed by the Trustee as being in its opinion or in the opinion of counsel satisfactory to the Trustee, necessary to entitle and qualify each of the sub- sidiary companies to hold, maintain and operate their respective properties and every part thereof, and that in no event shall the right or authority of any of the sub- sidiary companies to hold, maintain or operate any part of said properties be permitted to be questioned or be subjected to the risk or danger of forfeiture or loss, by reason of any action or non-action on the part of the Power Company or any subsidiary company. —to keep proper books of record and account. Section 8. The Power Company covenants that proper books of record and account will be kept, in which full, true and perfect entries will be made of all dealings or transactions of or in relation to the plants, properties, 33 business and affairs of the Power Company and the sub- sidiary companies, and that it will furnish to the Trustee at least once a month and as often as the Trustee shall reasonably request statements in full detail showing the gross and net earnings, expenses and financial condition of the Power Company and the subsidiary companies and such other data as to the plants, property and equipment of the Power Company and the subsidiary companies as the Trus- tee may reasonably request. Section 9. The Power Company covenants that no con- solidation or merger of the Power Company or any of the subsidiary companies and no sale or lease of any of the property of the Power Company or any of the subsidiary companies, shall be made or allowed to remain in force which in the opinion of counsel selected or approved by the Trustee shall in any manner diminish, impair or en- danger the lien or security of this indenture or the value thereof or any of the rights or powers of the Trustee or of the bondholders hereunder, nor unless duly certified or verified copies of all proceedings and instruments relating to any such consolidation, merger, sale or lease shall be delivered to the Trustee within not more than ten (10) days from the date on which such proceedings were had or such instruments were executed. Section 10. The Power Company covenants that it will at all times keep or cause to be kept insured the plants, buildings, stations, machinery, equipment and apparatus which are subject to this indenture and as well all such property belonging to or held by the sub- sidiary companies to the full extent that such prop- erties are usually insured by companies holding like properties, to the reasonable insurable value thereof, in responsible companies, against destruction or damage by fire or other casualty against which insurance is usually carried by companies holding like properties; that all policies for such insurance shall be so drawn as to make any losses payable thereunder to the Trustee and that —That no con- solidation, merger, sale or lease shall he made which shall diminish the security of this indenture. —To insure property. 34 upon the written request of the Trustee said policies will be deposited with it ; provided however that if any prop- erty so insured is covered by any mortgage or other instru- ment the lien of which on such property shall be prior to that of this indenture, the losses under the policies for such insurance may until the final satisfaction and release of such prior mortgage or other instrument be made payable to and such policies may be deposited with the mortgagee or trustee under such prior mortgage or other instrument. All insurance moneys received under any of the provi- sions of this section 10 by the Trustee shall be held by the Trustee as part of the mortgaged property and shall be paid out from time to time upon checks or drafts drawn by the Power Company either for the purpose of paying the actual and reasonable cash cost of replacing part or all of the property destroyed or injured or for any of the pur- poses for which cash may be withdrawn from the special trust fund mentioned in Article Four hereof. All such checks and drafts of the Power Company for the payment of insurance moneys shall be signed by the Power Company by its president or one of its vice-presidents and its treasurer or one of its assistant treasurers, and prior to the presentation thereof to the Trustee the Power Com- pany shall deliver to the Trustee sworn statements of its president or vice-president and of its treasurer or one of its assistant treasurers showing that such drafts and orders are drawn for one or more of the purposes for which insur- ance moneys may be paid out under the provisions of this section 10, and said Trustee shall be fully protected in pay- ing any and all checks and drafts mentioned in such sworn statements. The Trustee however shall have the right but shall not be obliged to require the Power Company to fur- nish such further evidence in the premises as the Trustee may deem necessary in order to establish the right of the Power Company to the payment of any such checks or drafts. Not to extend the time of payment of any coupons. Section 11 . The Power Company further covenants that it will not directly or indirectly extend or assent to the 35 extension of the time for payment of any coupons of or any claims for interest upon any of' the bonds secured hereby by purchase or funding of such coupons or by any other arrangement. In case the time for payment of any such coupon shall be so extended, whether or not such extension be with or by the consent of the Power Company, such coupon shall not be entitled in case of any default here- under to the benefit or security of this mortgage except subject to the prior payment in full of the principal of all bonds issued hereunder then outstanding and of all ma- tured coupons on such bonds the payment of which has not been so extended. No coupon belonging to any bond which in any way on or after maturity shall be transferred or pledged separate and apart from its bond, shall be entitled to an} 7 benefit of or from this indenture, except after prior full payment of the principal of all bonds issued hereunder and of all cou- pons and interest obligations not so transferred or pledged. Section 12. The Power Company further covenants that if it shall fail duly to perform any of the covenants con- tained in sections 2, 5, 7 and 10 of this Article Three, the Trustee may make advances to perform the same on its behalf, and all sums so advanced shall be at once payable by the Power Company and shall bear interest at the rate of six per cent, per annum until paid and shall be secured hereby, having the benefit of the lien hereby created, in priority to the indebtedness evidenced by the bonds and coupons, but no such advance shall be deemed to relieve the Power Company from any default hereunder. Section 13. The Power Company further covenants that at all times until the payment of the bonds, the Power Company will maintain an office or agency in the City of New York, where notices or demands in respect of such bonds or coupons or of this indenture may be served, and from time to time the Power Company will give written notice to the Trustee of the place of any such office or agency. Trustee may advance funds. To maintain fiscal agencies. 36 Demand to be made on Trustee if Company fails to maintain office or agency. Special trust fund for redemption of bonds. —To be held by Trustee and paid out for any of the following pur- poses. —For redemp- tion of bonds. —For perma- nent exten- sions, enlarge- ments and additions. In case the Power Company shall fail to maintain such an office or agency or to give to the Trustee notice of the place thereof, any such presentation and demand may he made and any such notice maybe served, unless other pro- vision is expressly made herein, on the Trustee at its office, and the Power Company hereby authorizes such presenta- tion and demand to be made and such notice to be served on such Trustee in such event. ARTICLE FOUR. Concerning Special Trust Fund. Section 1 . The Power Company covenants that it will deposit in a special trust fund with the Trustee, on the first day of January and on the first day of July in each year, commencing January 1, 1915, a sum in cash equal in each case to one-half of one per cent, of the aggregate face amount of all bonds which shall at the time be outstand- ing hereunder and all other bonds and securities for the acquisition, payment or redemption whereof bonds hereby secured shall at the time be reserved in accordance with the provisions of this indenture. Section 2. Said special trust fund shall be held by the Trustee as part of the mortgaged property and shall be paid out from time to time upon checks or drafts drawn by the Power Company for any of the following purposes : (a) The purchase, payment or redemption of bonds hereby secured at a price not exceeding par, accrued inter- est and a premium of five per cent, upon the principal thereof ; and all bonds so purchased, paid or redeemed shall be canceled by the Trustee and thereupon delivered to the Power Company ; and no bonds shall be issued in lieu of or substitution for any such bonds ; or (b) The payment of the actual and reasonable cash ex- penditures for and fair value of permanent extensions, en- largements and additions, made or acquired after December 37 31, 1910, of and to the real estate, plants, machinery and other fixed property of the Power Company or a subsidiary company, including renewals and replacements of property, but to the extent only that the cash cost thereof shall ex- ceed the original cost of the property renewed or replaced. All checks and drafts of the Power Company upon said special trust fund shall be signed by the Power Company by its president or one of its vice-presidents and its treasurer or one of its assistant treasurers, and prior to the presenta- tion thereof to the Trustee, the Power Company shall de- liver to the Trustee sworn statements of its president and vice-president and of its engineer and treasurer or one of its assistant treasurers, showing that such drafts and orders are drawn for one or more of the purposes for which cash may be paid out under the provisions of this sec- tion 2, and the Trustee shall be fully protected in paying any and all checks or drafts mentioned in such sworn statements. The Trustee however shall have the right but shall not be obliged lo require the Power Com- pany to furnish such further evidence in the premises as said Trustee may deem necessary in order to establish the right of the Power Company to the payment of any such checks or drafts. ARTICLE FIVE. Concerning the Pledged Securities. Section 1 . The Power Company covenants that it will from time to time forthwith as and when acquired by it, assign, transfer, pledge and (in so far as manual delivery thereof is possible) deliver to the Trustee, duly indorsed in blank, if not already in bearer form, any and all shares of capital stock, bonds, notes, indebtedness, securities, claims and other obligations, and the certificates therefor and the evidences thereof, which the Power Company now holds or at any time hereafter may acquire of or against any of the subsidiary companies, all of which shall be received and held by the Trustee subject to the lien and trusts of Withdrawals from special trust fund. Sworn statement of officers. Delivery of pledged securities to Trustee. Trustee may accept additional security. Trustee not obliged to pass on validity of securities. —or to accept or transfer stock. Transfer and stamping of pledged securities. To maintain existence of subsidiary companies. 38 this indenture as fully and completely as if expressly and specifically assigned, transferred, pledged and delivered hereunder at the time of the execution hereof. The Trustee may at any time accept any assignment or transfer of any shares of capital stock, bonds, notes, securi- ties, indebtedness, claims and other obligations which any person or corporation may make or deliver to the Trustee, and the same if accepted by the Trustee shall thereupon become a part of the pledged securities. The Trustee shall not be obliged to examine into or pass upon the validity or genuineness of any of the pledged securities, and the Trustee shall be entitled to assume that any pledged securities as presented for deposit hereunder are genuine and valid and what they purport to be and that any indorsements and assignments thereof are genuine and legal. The Trustee shall be under no obligation to accept a cer- tificate for any shares of stock, or to cause or permit a transfer thereof to be made to it, or to cause or permit an assignment to it of any bond, note, security, claim, in- debtedness or other obligation, if in the opinion of the Trustee such acceptance or transfer will involve or render it liable to be subjected to any liability or expense. Section 2. The Trustee may at any time cause any or all of said pledged securities to be assigned, indorsed or transferred into the name of the Trustee or of a nominee of the Trustee or such other person or persons or corpora- tion as the Power Company may designate and the Trus- tee may approve. All the pledged securities immediately upon their delivery to the Trustee shall be stamped with an indenture stamp in such form as the Trustee may determine. The Trustee may do whatever may in its opinion be neces- sary for the purpose of maintaining or preserving the corpo- rate existence of any subsidiary company, and for such pur- pose from time to time it may sell, assign, transfer and de- liver so many shares of the stock of the several companies 39 as may be necessary to qualify persons to act as directors of or in any other official relation to such companies ; and in any such case the Trustee may make such arrangements as counsel selected or approved by the Trustee shall deem necessary for the protection of the trust hereunder. The Trustee is hereby authorized and empowered, with the same force and effect as if it were the absolute owner of any bonds or other obligations held by it, to give every consent, exercise every discretion, make every election and take every step and proceeding which by the" mortgage or other instrument securing such bonds or obligations is provided for or contemplated, including the right in respect of the bonds or other obligations of a subsidiary company which may be held by the Trustee, to con- sent from time to time and at any time, as such owner and holder, to any increase or successive increases or other change in the amount of the authorized issue of such bonds or obligations specified in such mortgage or other instru- ment securing the same in accordance with the terms and provisions of said mortgage or other instrument. Section 3. Unless and until the Power Company shall be in default in respect of any of the matters men- tioned in sections 1 and 2 of Article Six of this indenture, or unless the Trustee shall be in possession of the mort- gaged property by virtue of any provision of this indenture or a receiver of the mortgaged property shall have been appointed, the Power Company shall have the right to vote all pledged securities having voting powers with the same force and effect as if the same were not subject to the lien hereof, and to that end the Trustee shall execute or cause to be delivered such proxies or powers of attorney as the Power Company may reasonably request ; provided however that such proxies or powers of attorney shall at all times contain such limitations, restrictions and pro- visions as counsel selected or approved by the Trustee may think advisable or necessary in order to protect the inter- ests of the Trustee and the bondholders hereunder, and The Trustee empowered with rights of absolute owner of any bond or other obligation held by it. Until default Power Com- pany to have voting power on all pledged securities. Proxies. 40 Voting powers in case of default. Waiver of default. particularly to insure the observance of the covenants and agreements of the Power Company contained in this indenture. In case there shall be a continuing default in respect of any of the matters mentioned in sections 1 and 2 of Article Six in this indenture, then during the continuance of any such default, in addition to the other remedies in this in- denture provided, the Trustee if it shall deem it advisable shall revoke any such proxies or powers of attorney and may vote any shares of the capital stock of any subsidiary company in such manner as it may deem proper to pro- tect the interests of the holders of the bonds issued here- under ; provided that if any such default shall have been made good and shall have been waived as in section 1 of Article Six of this indenture provided, the right of the Power Company to vote any such shares and the duty of the Trustee to execute such proxies and powers shall re- vive and shall continue as if no such default had taken place. Until default Power Com- pany entitled to dividends and.interest. Section 4. Unless and until the Power Company shall he in default in respect of any of the matters mentioned in sections 1 and 2 of Article Six of this indenture, the Power Company from time to time shall be entitled to receive and collect all dividends (other than stock dividends) that may be declared on any of the pledged securities, and as well all sums that become due and payable for interest upon or in respect thereof, and the Trustee, on request of the Power Company, from time to time shall deliver to it suitable assignments and orders for the payment to the Power Company of all dividends that from time to time may be declared or may become payable on such shares of capital stock of the Power Company and shall deliver to the Power Company the coupons for or suitable assign- ments and orders for the payment of the interest due on any and all of the pledged securities, and the Trustee from time to time shall pay to the Power Company, upon its re- quest, any and all sums which shall be received or collected 41 by the Trustee for such dividends and interest; provided however that (1) the Power Company shall not be entitled to receive and the Trustee shall not pay over to the Power Company any part of the principal of any of the pledged securities; (2) the Power Company shall not he entitled to receive and the Trustee shall not pay over any interest on any of the pledged securities which shall have been collected or paid out of the proceeds of any sale of the property covered by a mortgage securing any of the pledged securities or out of the proceeds of the sale of any other property of the company liable upon such pledged securities in case of a dissolution or liquidation of such company; it being the intention hereof that the Power Company shall be entitled to receive payments made only out of the rents, revenues, incomes or proceeds of the operation of the properties of the subsidiary companies ; (3) the Power Company shall not sell, as- sign or transfer any coupon or right to interest or dividend delivered or assigned to it in respect of the pledged securities hereunder ; (4) the Power Company shall not collect any coupons or interest or any other claim or judgment in respect of the pledged securities by legal proceeding or by enforcement of any security therefor except with the assent of the Trustee, nor in any manner which the Trustee shall deem prejudicial to the trusts hereby created; and (5) until actually paid, re- leased or discharged every coupon or right to interest or dividends and all other claims in respect of the pledged se- curities shall remain subject to the lien hereof. Upon payment or satisfaction of any coupon or claim delivered by the Trustee to the Power Company in accord- ance with the provisions hereof, the Power Company, upon the demand of the Trustee, shall furnish satisfactory evidence of such payment or satisfaction and of the cancel- lation of such coupon or claim ; and if any such coupon or claim shall not be paid or satisfied wdthin sixty days after delivery thereof to the Power Company by the Trustee, the Power Company shall return the same to the Trustee as part of the security hereof. The Power Company to furnish to the Trustee upon request satisfactory evidence of the payment of coupons or claims. 4:2 Payment of dividends and interest in case of •default. Waiver of default. Disposition of payments on account of principal of pledged .securities. Iii case there shall be a continuing default in respect of any of the matters mentioned in sections 1 and 2 of Article Six of this indenture, then during the continuance of such default, and in addition to the other remedies herein provided, the Trustee shall revoke any and all such assign- ments and order's and collect and receive all such dividends and interest upon or in respect of the pledged securities, and all sums so collected and received prior to any sale hereunder shall be applicable to the payment of interest that shall become due on the bonds issued hereunder ; provided that if any such default by the Power Company shall have been made good and shall have been waived, as in section 1 of Article Six of this indenture provided, the right of the Power Company to receive and collect such dividends and such interest and the duty of the Trustee to execute such assignments and orders shall revive and con- tinue as if no such default had taken place. The Trustee shall be entitled, in case and to the extent that any such moneys shall not by the terms of an under- lying mortgage be required to be paid over or otherwise dis- posed of, to receive all moneys paid on account of the prin- cipal of any of the pledged securities, and all stock dividends and dividends payable otherwise than out of net earnings in respect of any shares of stock included in the pledged se- curities, and all moneys at any time payable in respect of any of the pledged securities derived from any sale of the property of any subsidiary company, or on dissolution or liquidation thereof, or upon any proceeding in condemna- tion. Except to the extent that the same may be used on account of the purchase price of property purchased pur- suant to section 8 of this Article Five, the Trustee shall trans- fer and pay all such moneys so received by it to the special trust fund mentioned in Article Four of this indenture, as a payment to such fund in addition to and without de- duction from the sums by said Article Four required to be paid, and such additional payments shall be disposed of and applied as provided in said Article Four with respect to said special trust fund. 43 Section 5. The Power Company covenants that (1) ex- cept subject to the lien hereof it will not sell, incumber or by any voluntary act part with its ownership of or title to any shares of stock of any of the subsidiary companies, or of any shares of stock which it may at any time hereafter acquire, or its equity of redemption in any such shares of stock or the voting power thereon; (2) it will hold, subject to the lien hereof, all and singular such shares of stock and will exercise its voting power thereon in such manner as to retain in itself the rights and powers of the holder of the majority of the capital stock of each such corporation; and (3) it will at all times take such action as from time to time may be necessary, in the opinion of counsel selected or approved by the Trustee, to preserve the corporate existence and corporate rights of each such corporation, unless and until the Power Company shall have lawfully acquired and subjected to the lien of this indenture the legal title to all the property and franchises of such corporation not already thus subject. Section 6. The Power Company covenants that it will not cause, suffer or permit any of the subsidiary companies (1) to borrow money or to become indebted or incur any liability whatsoever except (a) from or to the Power Company ; provided that in every case where the indebtedness or liability of any such subsidiary com- pany to the Power Company shall not be discharged within six months after the date of incurring the same or within such shorter period as the Trustee may specify, there shall forthwith be delivered to the Trustee as part of the security hereunder the bonds, notes or other obligations of such subsidiary company of at least an equivalent face amount, accompanied by suit- able instruments of assignment (which bonds, notes or other obligations and instruments of assignment shall be in form satisfactory to counsel selected or approved by the Trustee), and (b) for current expenses incurred in the ordinary course of its business operations; pro- The Power Company covenants not to voluntarily sell or incum- ber any share of stock of any of the sub- sidiary com- panies. —to retain the rights and powers of the holders of the majority of the capital stock of each subsidiary company. —to preserve the corporate existence and corporate rights of subsidiary companies. Indebtedness of subsidiary companies limited and regulated. 44 Subsidiary- companies not to maintain or convey assets — or to in- crease capital stock. -Covenant as to consolidation or merger of subsidiary companies with Power Company. vided that in every case such indebtedness and liabilities of such subsidiary company shall be represented or covered by current operating receipts or cash and ac- counts receivable of such company then on hand of at least an equivalent value; and provided further that all such indebtedness and liabilities shall from time to time be promptly discharged in the ordinary course of business; or (2) to sell, convey, mortgage, incumber or otherwise dis- pose of any of its assets, properties, rights or franchises except (a) to the Power Company, or ( b ) to another subsidiary company ; provided that such sale or convey- ance will not, in the opinion of counsel selected or ap- proved by the Trustee, impair in any way the value and security hereunder; or (3) to create or issue any addi- tional shares of stock unless effective provision be simul- taneously made that the certificates for such additional stock shall be when issued forthwith pledged hereunder and deposited with the Trustee, except that in case all the capi- tal stock of any such subsidiary company previously issued shall not then be held by the Trustee hereunder, then an amount of such additional stock at least proportionate to that so held shall be pledged hereunder and the certificates therefor indorsed in blank for transfer deposited with the Trustee. Section 7. The assignment and pledge hereunder of any shares of stock of any subsidiary company shall not prevent the consolidation or merger of any one or more of said companies with or the conveyance or lease of the property of any such company to the Power Company ; provided however that such consolidation, merger or con- veyance or lease shall be made only upon such terms as shall not in the opinion of counsel selected or approved by the Trustee, in any manner impair or prejudice the value of the security hereunder. In the event of the consolida- tion or merger of any one or more of said companies with the Power Company, or the conveyance or lease of its property to the Power Company, this indenture immedi- 45 ately shall become and be a lien upon the property of the company so consolidated or merged with or conveyed to the Power Company or upon the leasehold interest of the Power Company therein. The assignment or pledge hereunder of any shares of stock of any subsidiary company shall not prevent the consolidation or merger of any such company with any other subsidiary company, nor shall it prevent the conveyance or lease of the property of any such subsidiary company to any other subsidiary company ; provided however that any such consolidation, merger, conveyance or lease shall be made only upon such terms as shall not in the opinion of counsel selected or approved by the Trustee in any manner impair or prejudice the value of the security hereunder. Section 8. In case (1) at any time any of the sub- sidiary companies shall be dissolved, or its property or assets or any part thereof shall be liquidated, sold or transferred ; or in case (2) all or any of the property of any such subsidiary company shall be sold upon the insol- vency thereof, or under proceedings for the collection or en- forcement of any bonds, notes or other obligations hereunder, or otherwise at any judicial or other sale ; or in case (3) any property covered by a mortgage or other agreement securing any bonds, notes or other obli- gations included in the pledged securities shall be sold upon the foreclosure of such mortgage or by enforcement of such other agreement, then in any such event the Trus- tee, at the request of the Power Company, either shall purchase or cause to be purchased or shall permit the Power Company to purchase such property and assets either in the name of or on behalf of the Power Company or by purchasing agents or trustees, and shall use, or permit the Power Company or such purchasing agents or trustees to use, any of the pledged shares of stocks, bonds, notes or other obligations issued by or held against the subsidiary company involved in any of the proceedings afore- said, so far as may be to make payment for any such Proceedings on liquidation or dissolution of subsidiary companies, or sale of properties on foreclosure. 46 Decrease of capital stock of any subsidiary company. Notes or other evidences of indebtedness of any subsidiary company to be exchanged for stock or other notes or evidence* of indebtedness. Regulations as to surrender by the Trustee to the Power Company of $ 369,000 demand notes of Saginaw Power Company. property or assets. In case of any such purchase, the Trustee shall take such steps as to it may seem advisable to cause such property to be vested in the Power Com- pany or in some other corporation organized or to be or- ganized and having power to acquire and manage such property, or partly in the Power Company and partly in such other corporation, as the Trustee may deem advis- able, in either and every event subject to the lien and provisions of this indenture ; provided, in the case of any such purchase by such other corporation, (1) that a mort- gage or pledge securing a bond or bonds or a note or notes equal to at least the amount of the securities (included in the pledged securities) which are used to pay therefor, shall be made to the Trustee hereunder ; and (2) that any bonds and other indebtedness and all the capital stock of such corporation, organized or to be organized, (except the shares required to qualify directors) shall be assigned, transferred and delivered to the Trustee as part of the security hereunder. In case of the decrease of the capital stock of any of the subsidiary companies, the Trustee in its discretion may surrender such part of the shares of stock included in the pledged securities as shall be proportionate to the amount of such decrease. The Trustee may at any time permit any note or other evidence of indebtedness (but not, except as in this inden- ture expressly provided for, underlying bonds or approved bonds) of any subsidiary company, held by the Trustee, to be exchanged for shares of stock or for other note or notes or evidence of indebtedness of the same company; provided such exchange shall not, in the opinion of counsel selected or approved by the Trustee, materially endanger the inter- ests of the Trustee or of the holders of bonds secured by this indenture. Anything in this indenture to the contrary notwith- standing, it is hereby expressly agreed and provided, however, that the Trustee shall surrender to the Power Company, or its order, $369,000 face amount of demand notes of the Saginaw Power Company described in para- 47 graph fifth of the granting and pledging clauses of this indenture upon, and only upon, delivery to the Trustee, to be held under and subject to the provision of this Article Five, of all approved bonds which the Michigan Railroad Commission may hereafter authorize said Saginaw Power Company to issue on account of the retirement of said notes ; provided that in case the amount face value of said approved bonds so authorized shall be less than $369,000, a note or other evidence of indebtedness of said Saginaw Power Company not less than the amount of such difference shall also be delivered to the Trustee. Section 9. Anything in this indenture to the contrary notwithstanding the Trustee, with or without the request of the Power Company, in respect of any of the bonds, notes or other obligations of any subsidiary company included in the pledged securities and as the holder thereof, is hereby authorized in its discretion to give any consent, do any act, exercise any power or take any step for the enforcement thereof or otherwise under the several mortgages or other agreements under which the said bonds, notes or other obligations are respect- ively issued. The Trustee shall be under no duty or obligation to demand payment of the principal of any of such bonds, notes or other obligations or of any of the interest accruing thereon, or to do any act, exercise any power or take an}^ steps under the several mortgages or other agreements under which said bonds, notes or other obligations are respectively issued, to be given, done, ex- ercised or taken by the holders thereof, or, prior to January 1, 1936, to demand payment of any of the approved bonds which by their terms will mature June 1, 1935, unless and until, in every instance, (1) speci- fically directed to that end by the Power Company, or by the holders of ten per cent, in amount of the bonds then outstanding hereunder; or (2) default shall occur on the part of the maker of any of such bonds, notes or other obligations in respect of the mortgage or other agreement pursuant to which the same may be issued, and only in such latter event in case in the opinion of counsel selected Regulations in respect of bonds, notes or other obligations of subsidiary companies. 48 Trustees may- join in plan of reorganiza- tion. Disposition of pledged bonds upon convey- ance of prop- erties to Power Com- pany. or approved by the Trustee the continuing obligation to make payment of the principal of such bonds, notes or other obligations or of the interest to accrue in respect of such principal shall be materially endangered, or (3) in case of any default such as is mentioned in sections 1 and 2 of Article Six of this indenture ; and in every case only upon indemnity being furnished to the Trustee to its satis- faction. In event of default on the part of the maker with respect to the payment of the interest upon any of such bonds, notes or other obligations, the interest then accrued and thereafter to accrue upon such principal shall, not- withstanding any failure of the Trustee to take any action to collect the same at or after the maturity thereof, be- come forthwith payable to the Trustee as part of the security hereunder. Section 10. With the written consent of the Power Com- pany evidenced by resolution of its board of directors, the Trustee upon being furnished with the funds deemed by the Trustee necessary in the premises or upon being in- demnified to its satisfaction, shall at any time take such steps as the Trustee in its discretion may deem advisable to protect its interests and the interests of the bond- holders hereunder in respect of any of the pledged securi- ties ; and with the consent of the Power Company so evi- denced, the Trustee, if the Trustee shall deem it advisable, may join in any plan of reorganization or adjustment in respect of any such pledged securities and may accept the new securities issued in exchange therefor under the provisions of such plan or such adjustment. In case there shall be at any time a default hereunder in respect of any of the matters mentioned in sections 1 and 2 of Article Six of this indenture, the Trustee shall, if the Trustee shall deem it advisable, take such steps to join in such plan without the consent of the Power Company. Section 11. Whenever all the property of any subsidiary company shall have been conveyed to the Power Com- pany and subjected to the lien of this indenture, the Trustee in its discretion and upon receiving the opinion 49 of counsel selected or approved by it to the effect that the rights and security of the bondholders and of the Trustee hereunder will not be impaired thereby, may cancel all or any of the shares of stock, bonds, notes, indebtedness, securities, claims or other obligations, and the certificates therefor or the evidences thereof, issued by or held against the subsidiary company whose property shall have been so conveyed or subjected to the lien hereof, and in such case the Trustee may cause to be entered of record a satisfaction of any mortgage or other agreement under which such bonds, notes or other securities are issued. If at any time (a) all the bonds outstanding under any of the underlying mortgages shall have been paid, re- deemed or otherwise discharged, and canceled, and ( b ) the Trustee shall be advised .by counsel selected or approved by it that upon cancellation of any of the said series of under- lying bonds then held by the Trustee and the satisfaction and discharge of the underlying mortgage securing said bonds, the mortgage securing any series of approved bonds then held by the Trustee will become and be a first mort- gage lien upon all the property subject to said mortgage securing said approved bonds and upon all other property in anywise mortgaged or pledged to secure the approved bonds therein mentioned, then the Trustee, upon delivery to the Trustee of at least a like face amount of such approved bonds, may cancel and thereupon surrender in canceled form to the Power Company or to the trustee under said under- lying mortgage, as the Trustee may elect, such of the said series of underlying bonds as may then be held by the Trustee, together with all coupons and interest claims per- taining thereto ; and the Power Company covenants that in that event it will forthwith cause to be entered and re- corded a satisfaction of the mortgage securing said series of underlying bonds. Section 12. The Power Company covenants that on de- mand of the Trustee, it, the Power Company, forthwith will pay or satisfactorily provide for all expenditures made by the Trustee under any provision of this Article Five, Power Com- pany to provide for expenditures made by Trustee. 50 including all sums required to obtain and perfect the ownership and title to any property which the Trustee shall cause or permit to be purchased pursuant to the pro- visions of section 8 of this Article Five; and in case the Power Company shall fail to do so, then without impair- ment of or prejudice to any of its rights hereunder by reason of the default of the Power Company, the Trustee in its discretion may advance all such expenses and other moneys required or may procure such advances to be made by others, and for such advances made by the Trustee or by others, with interest thereon at the rate of six per cent, per annum or other agreed rate, the Trustee shall have a lien prior to these presents upon all the property, shares of stock, bonds, notes or other obligations in respect of which such advances shall have been made and the proceeds thereof and upon any property acquired by means thereof. ARTICLE SIX. Remedies of Trustee and Bondholders upon Default. In case of default in payment of interest. Majority of bondholders may waive default. Section 1 . In case default shall be made in the pay- ment of any instalment of interest on any bond, according to the terms thereof and hereof, and said default shall have continued for a period of sixty days thereafter, then and in such case the Trustee may, and if the holders of twenty-five per cent, in amount of the bonds then out- standing in writing so request, the Trustee shall, by notice in writing addressed and mailed to the Power Company at Portland, Maine, declare the principal of all the bonds to be due and payable and thereupon the same shall forth- with become and be due and payable. This provision however is subject to the condition that if at any time after the principal of said bonds shall have been so de- clared due and payable and before any sale of the mortgaged premises shall have been made, all arrears of interest upon all the bonds, with interest at the rate of five per cent, per annum on over- 51 due instalments of interest, and all other amounts in re- spect of which the Power Company shall then be in default under this indenture, other than the principal of the bonds, shall, together with the expenses and reasonable charges of the Trustee, either be paid by the Power Company or be collected out of the mortgaged premises, then, and in every such case, the holders of a majority in amount of the bonds then outstanding may by written notice to the Trustee direct the Trustee to waive such default and its conse- quences, and the Trustee upon receiving such notice shall waive such default and its consequences by written notice to the Power Company ; but no such waiver shall extend to or affect any subsequent default or impair any rights consequent thereon. Section 2. In case default shall be made by the Power Company in the payment of the principal of any bond, or of any instalment of interest thereon, according to the terms thereof and hereof, and any such default in the pay- ment of interest shall have continued for a period of sixty days, or in case default shall be made in the due observance or performance of any other covenant or condition herein required to be kept or performed by the Power Company and any such default shall have continued for a period of sixty days after written notice thereof by the Trustee to the Power Company, then and in every such case the Trustee (a), personally or by its agents or attorneys, may enter up>on and take possession of the mortgaged prop- erty or any part or parts thereof, and collect and re- ceive all rents, issues, income and profits therefrom and operate and conduct the business of the Power Com- pany to the same extent and in the same manner as the Power Company might lawfully do ; or (6) may sell to the highest and best bidder, all and singular the prop- erty hereby mortgaged and pledged and all right, title, interest, claim and demand therein and the right of re- demption thereof; which said sale or sales shall be made at public auction, at such place or places and at such time and times and upon such terms, all as the Trustee Trustee may take posses- sion upon default. Power of sale upon default. U. Of ILL LI3. 52 Notice of sale. Parties restored to former relations if proceedings by Trustee are discon- tinued. may fix and briefly specify in its notice of sale, which shall be sufficiently given if published (1) once a week for six successive weeks prior to such sale in a daily newspaper of general circulation published in the City of New York, or (2) as may be required by law ; or (c) either after such entry or without such entry may cause this indenture to be foreclosed and the mort- gaged property, or any part or parts thereof to be sold; or (d) may proceed to protect and enforce the rights of the Trustee and of the bondholders hereunder, whether for the specific performance of any covenant, condition or agreement herein contained, or in aid of the execu- tion of any power herein granted, or for the enforce- ment of such other appropriate legal or equitable rem- edy as may in the opinion of counsel selected or ap- proved by the Trustee be most effectual to protect and enforce the rights aforesaid; and (e) in either case, shall be entitled as a matter of substantial right, upon its applica- tion therefor and without notice, to the appointment of a receiver of the mortgaged property or any part thereof, and of the tolls, earnings, revenues, issues, profits and in- come thereof, and the Power Company does hereby irre- vocably consent to such appointment. In case the Trustee shall have proceeded to enforce any right under this indenture by such foreclosure, entry or otherwise, and such proceedings shall have been discontin- ued or abandoned because of waiver in accordance with the provisions of section 1 of this Article Six or for any other reason, or shall have been determined adversely to the Trustee, then, and in every such case the Power Company and the Trustee shall each be restored to its former posi- tion and rights hereunder with respect to the mortgaged premises, and all rights, remedies and powers of the Trus- tee shall continue as though no such proceedings had been taken. Anything to the contrary in this indenture contained not- withstanding, in the event of the sale of the mortgaged premises, whether under the power of sale herein contained 53 or pursuant to judicial proceedings, the principal of all the bonds shall become and be forthwith due and payable. It is agreed that any and all personal property and chat- tels covered by this indenture or which may be covered by any supplemental indenture, shall, to the full extent that the parties may lawfully so covenant, be considered as fix- tures and appurtenances constituting part of the real prop- erty of the Power Company. Section 3. In the event of any sale, whether made under the power of sale herein granted and conferred, or under or by virtue of judicial proceedings, the whole of the property, real, personal or mixed, and franchises then subject to this indenture, including the pledged securities, shall be sold in one parcel as an entirety, unless the holders of a majority in amount of the bonds at the time out- standing shall in writing request the Trustee to cause the said properties to be sold in parcels, in which case the same shall be sold in such parcels and in such order as may be specified in such request, or unless such sale as an entirety is in the opinion of counsel selected or approved by the Trustee impracticable by reason of some statute or other cause; and this provision shall bind the parties hereto and each and every holder and owner of bonds. Upon the completion of any sale or sales under this in- denture, the Trustee is hereby further empowered and authorized either in its own name or the name of the Power Company to execute to the accepted purchaser or purchasers a good and sufficient deed or good and sufficient deeds of conveyance of the property and franchises sold ; and shall assign and transfer to the accepted purchaser or purchasers the certificates for the shares of stock and the leases and contracts so sold, and shall deliver to such pur- chaser or purchasers the pledged securities and the instru- ments relating thereto so sold and then held in pledge hereunder; and the Trustee is hereby irrevocably appointed the true and lawful attorney of the Power Company in its name and stead to make all necessary transfers of the Personal property deemed fixtures. Property to be sold as an entirety unless impracticable or majority of bondholders request otherwise. Vesting title in purchaser. 54 Effect of sale. Trustee’s duty to act upon request of holders of 25 per cent, of bonds. property thus sold, and for that purpose the Trustee may execute all necessary acts of assignment and transfer, the Power Company hereby ratifying and confirming all that its said attorney may lawfully do by virtue hereof. Any such sale or sales made under or by virtue of this indenture, whether under the power of sale hereby granted and conferred or under or by virtue of judicial proceedings, shall operate to divest all right, title, interest, claim and demand whatsoever either at law or in equity of the Power Company and of all persons claiming or to claim by, through or under the Power Company, of, in, and to the property so sold and shall be a perpetual bar both at law and in equity against the Power Company and its succes- sors and assigns, and against any and all persons claiming the property sold or any part thereof from, through, or under the Power Company, its successors and assigns. In case the Trustee shall proceed by suits at law or in equity after default occurring as above provided, the Trus- tee shall be entitled to have the premises, franchises, rights, privileges and property hereby granted and con- veyed or intended so to be, sold at judicial sale under the order of a court or courts of competent jurisdiction, for or toward the satisfaction of the principal or interest or both, due and owing upon the bonds and for the enforcement of the rights, liens and security of the Trustee and the bondholders. The Power Company will not impede or delay or attempt to impede or delay the Trustee or any of the holders of the bonds in lawfully exercising any right or power conferred upon it or them by this indenture or otherwise lawfully enforcing their respective rights hereunder. Section 4. Upon request in writing signed by the holders of not less than twenty-five per cent, in amount of the bonds then outstanding and upon being reasonably indemnified against costs, liabilities and expenses which may be incurred by the Trustee in accordance with such request, it shall be the duty of the Trustee in any case of default which shall 55 occur and shall have continued as specified in section 2 of this Article Six to take all needed or appropriate steps for the protection and enforcement of the rights hereby secured to it as Trustee for the holders of said bonds and coupons and to exercise the power of entry or sale herein conferred or both or to take proper judicial proceedings by action, suit or otherwise, as the Trustee being advised by counsel shall deem most expedient for the interests of the bondholders. Section 5. The purchase money, proceeds and avails of any sale hereunder whether made under the power of sale hereby granted or otherwise, together with any other sums which may then be held by the Trustee under any of the provisions of this indenture as part of the mortgaged prop- erty, or the proceeds thereof, shall be applied as follows: First . — To the payment of the costs and expenses of said sale, including a reasonable compensation to the Trustee, its agents, attorneys and counsel, and all expenses, liabili- ties and advances made or incurred by the Trustee, and all taxes and assessments and other charges prior to the lien of these presents, except so far as the sale shall have been made subject thereto ; Second . — To the payment of the whole amount then owing or unpaid upon the bonds for principal and interest with interest on overdue instalments of interest at the rate of five per centum per annum, and in case such proceeds shall be insufficient to pay in full the whole amount so due and unpaid upon the said bonds, then to the payment of said principal and interest without preference or priority of principal over interest or of interest over principal or of any instalment of interest over any other instalment of interest, ratably to the aggregate amount of such principal and accrued and unpaid interest; subject to the provision of section 11 of Article Three of this indenture; and Third . — To the payment of any surplus to whomsoever may be lawfully entitled to receive the same. Application of proceeds of sale. —to payment of costs and expenses. —to payment of principal and interest. —surplus to Power Company, 56 Receipt of Trustee suffi- cient dis- charge to pur- chaser at sale. Bondholders may purchase at sale and apply bonds on purchase price. Waiver by Power Com- pany of stay or extension law. Section 6. Upon any sale hereunder whether made under the power of sale hereby granted or otherwise the receipt of the Trustee or of the officer making such sale shall be a sufficient discharge to the purchaser or purchasers at such sale for his or their purchase money, and such purchaser or purchasers shall not be obliged to see to the application of such purchase money, and shall not be in anywise answerable for any loss or misapplication or non- application thereof by the Trustee or such officer. The Power Company, for itself and all persons and cor- porations hereafter claiming through or under it, or who may at any time hereafter become holders of liens junior to the lien of this indenture, hereby expressly waives and releases all right to have the properties and estate, com- prised in the security intended to be created by this in- denture, marshalled upon any foreclosure or other enforce- ment hereof; and the Trustee or any court in which the foreclosure of this indenture or administration of the trust created by this indenture, is sought, shall have the right as aforesaid to sell the entire mortgaged property as a whole in a single parcel. Section 7. Upon any such sale as aforesaid, any holder or holders of bonds may bid and become the purchaser or purchasers thereat, and may hold and enjoy the property purchased without accountability to any other holder; and any purchaser or purchasers upon presenting any of said bonds or interest coupons shall be entitled to be credited on account of the purchase price with a sum which would upon a proper distribution and accounting of the proceeds of sale be equal to the distributive share payable out of such proceeds to the holder of the bonds or coupons so pre- sented, which amount so credited shall be stamped or in- dorsed on such bonds or coupons as paid thereon. Section 8. The Power Company will not at any time insist upon, plead or in any manner whatever claim or take the benefit or advantage of any stay or extension law now or at any time hereafter in force, or after any such sale or 57 sales will it claim or exercise any right, under any statute now or hereafter enacted by any State to redeem the prop- erty so sold or any part thereof, and it hereby expressly waives all benefit and advantage of any such law or laws, and it covenants that it will not hinder, delay or impede the execution of any power herein granted and delegated to the Trustee, but that it will suffer and permit the execu- tion of every such power as though no such law or laws had been made or enacted, and that in the event of any sale of the mortgaged premises or any part thereof whether under judicial proceedings or otherwise, it will if and when required by the Trustee or the purchaser execute a formal conveyance of the part of the premises so sold as the Trustee or purchaser may direct. Section 9. The Power Company covenants that (1) in case default shall be made in the payment of any interest on any bond at any time outstanding, and such default shall have continued for a period of sixty days, or (2) in case default shall be made in the payment of the principal of any bond when the same shall become due and payable, whether at maturity or under any provision heredf, then upon demand of the Trustee, the Power Company will forthwith pay to the Trustee for the benefit of the holders of the bonds and coupons then outstanding, the whole amount due and payable on such bonds and coupons for principal or interest, or both, as the case may be, with in- terest upon the overdue instalments of interest at the rate of five per cent, per annum ; and in case the Power Com- pany shall fail to pay the same forthwith upon such demand, the Trustee in its own name and as trustee of an express trust shall be entitled to recover judgment for the whole amount so due and unpaid. The Trustee shall be entitled to recover judgment as aforesaid either before or after or during the pendency of any proceedings for the enforcement of the lien of this in- denture upon the mortgaged property, and the right of the Trustee to recover such judgment shall not be affected by Covenant of Power Com- pany to pay principal and interest upon default. When Trustee may recover judgment. 58 any entry or sale hereunder or by the exercise of any other right, power or remedy for the enforcement of the provi- sions of this indenture or the foreclosure of the lien hereof ; and in case of a sale of the mortgaged property and of the application of the prqceeds of sale to the payment of the indebtedness secured by this indenture, the Trustee in its own name and as trustee of an express trust shall be enti- tled to enforce payment of and to receive all amounts then remaining due and unpaid upon any and all of the bonds and coupons then outstanding, for the benefit of the holders thereof, and shall be entitled to recover judgment for any portion of the debt remaining unpaid with interest. No recovery of any such judgment by the Trustee and no levy of and execution upon any such judgment on property sub- ject to this indenture or upon any other property, shall in any manner or to any extent affect the lien of the Trustee upon the mortgaged property or any part thereof or any rights, powers or remedies of the Trustee hereunder or any rights, powers or remedies of the holders of the bonds ; but such lien, rights, powers and remedies shall continue un- impaired as before. All money collected by the Trustee under this section 9 shall be applied by the Trustee, at a date to be fixed by it, first to the payment of the costs and expenses of the pro- ceedings resulting in the collection of such money, and the residue thereof shall be distributed in the manner provided in section 5 of this Article Six with respect to moneys arising upon the sale of the property. No prejudice because of delay or omission of Trustee to exercise rights. Section 10. No remedy herein conferred upon or re- served to the Trustee is intended to be exclusive of any other remedy or remedies ; but each and every such rem- edy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter exist- ing at law or in equity or by statute. No delay or omis- sion to exercise any right or power accruing upon any de- fault continuing as aforesaid, shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein ; and every such right and 59 power may be exercised from time to time and as often as may be deemed expedient. Section 11 . It is expressly provided and declared, any provision of the bonds or coupons or of this indenture to the contrary notwithstanding, that no holder of any bond or coupons shall have any right to institute any suit, action or proceeding in equity or at law for the foreclosure of this indenture or for the execution of any trust hereof or for the appointment of a receiver or any other remedy here- under or for the recovery of any amount due or payable on any bond or coupon issued hereunder or otherwise by reason of any such bond or coupon, unless such holder shall have previously given to the Trustee written notice of such default and of the continuance thereof as herein- before provided nor unless also the holders of twenty-five per cent, in amount of the bonds then outstanding shall have made written request to the Trustee aud shall have offered it reasonable opportunity either to proceed to exer- cise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; nor unless also they shall have offered to the Trustee adequate security and indemnity against the costs^ expenses and liabilities to be incurred therein or thereby; and such notification, re- quest and offer of indemnity are hereby declared in every such case at the option of the Trustee to be conditions pre- cedent to the execution of the powers and trusts of this indenture, and to any action or cause of action for fore- closure or for the appointment of a receiver or for any other remedy hereunder or for the recovery of the amount of any such bond or coupon; it being understood and in- tended that no one or more holders of the bonds or cou- pons shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this indenture by his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of outstanding bonds and coupons. Limitation upon right of bondholders to institute pro- ceedings. 60 Waiver of liability of stockholders and of officers. Releases permitted. ARTICLE SEVEN. Waiver of Liability of Stockholders and of Officers. No holder or holders of any bond or coupon shall have in any event any right or recourse to or recovery from any past, present or future director, officer or stockholder of the Power Company for the principal or interest of the sums secured hereby or any part thereof, whether under any lia- bility now or hereafter existing or arising under the Con- stitution, laws or statutes of any State or of the United States, or under any principles of law or equity or in any manner whatever, it being hereby distinctly understood and agreed that the several holders of the bonds from time to time waive all such rights of recourse or recovery by receiving and accepting the said bonds and shall look for the payment of the bonds and coupons secured hereby solely to the corporate assets and franchises of the Power Company, and such assets shall not embrace any claim which might under other circumstances be enforcible either by creditors of the Power Company, by a receiver, by the Power Company itself, or in any way whatever against any person .by reason of his being a stockholder, director or officer of the Power Company, under any stat- ute or other law now or hereafter in force, or against a stockholder, by reason of any insufficiency or insufficien- cies in the payment of capital stock or otherwise. ARTICLE EIGHT. Release Clauses. Section 1 . Whenever the Power Company shall have sold or exchanged or contracted to sell or exchange any part or parts of the property hereby mortgaged and pledged, the Trustee upon and in accordance with a written request of the Power Company, signed by its president or one of its vice-presidents and attested by its secretary or 61 one of its assistant secretaries, under its corporate seal, may execute a release of such property, or if such prop- erty shall be in the possession or control of the Trustee, may surrender such property ; provided however that (1) This section shall not be construed to authorize the release of the mortgaged property as an entirety, or sub- stantially as an entirety, or to authorize the surrender of any deposited securities which shall be held under and subject to the provisions of Article Five of this indenture except only as and subject to the limitations and restric- tions in paragraph (5) of this section 1 specified ; (2) In the case of property sold, the same shall be for cash and the proceeds from the sale thereof shall on or before delivery of the release of such property be deposited with the Trustee, provided that if any property so sold shall be covered by any mortgage or other instrument the lien of which thereon shall be prior to that of this inden- ture, the proceeds from the sale of such property may be deposited with the mortgagee or trustee uuder such prior mortgage or other instrument to be held and applied in ac- cordance with the provisions thereof, the Power Company hereby agreeing and directing that upon the satisfaction or release of such prior mortgage or other instrument, any such proceeds from the sale of the released property re- maining in the possession or control of such mortgagee or trustee, shall be forthwith paid to and deposited with the Trustee to be held and applied in accordance with the provisions of this section 1. The cash proceeds of the sale of any released property deposited with the Trustee under any of the provisions of this section 1, shall be held by the Trustee as part of the mortgaged property and shall be paid out from time to time upon checks or drafts drawn by the Power Company either for the purpose of paying the actual and reasonable cash cost of replacing part or all of the property released, or for any of the purposes for which cash may be withdrawn from the special trust fund mentioned in Article Four hereof. All such checks and drafts of the Conditions specified. If sold for cash proceeds of sale to he deposited with Trustee. 62 Power Company for the payment of such cash shall be signed by the Power Company, by its president or one of its vice-presidents, and its treasurer or one of its assistant treasurers, and prior to the presentation thereof to the Trustee, the Power Company shall deliver to the Trustee sworn statements of its president or vice-president, and its engineer, and of its treasurer or assistant treasurer, showing that such checks or drafts are drawn for one or more of the purposes for which cash may be paid out under the provisions of this section 1, and the Trustee shall he fully protected in paying any and all checks or drafts mentioned in such sworn statements. The Trustee how- ever shall have the right but shall not be obliged to require the Power Company to furnish such further evidence in the premises as the Trustee may deem necessary in order to establish the right of the Power Company to the pay- ment of an} r such checks or drafts ; Substituted property to be subject to mortgage. (3) In the case of property exchanged, the property ac- quired by the Power Company in exchange therefor shall be subjected to the lien of this indenture in such manner as the Trustee may specify or require ; and Resolutions and certifi- cates shall be delivered to Trustee. (4) Every request of the Power Company for the release of property under the provisions of this section 1 shall be accompanied by a certified copy of a resolution of the board of directors of the Power Company and sworn state- ments of three persons appointed by the Power Company and approved by the Trustee, showing the terms of the sale or exchange of the property to be released, and also showing that in the opinion of said board of directors and the persons so appointed ( a ) such property to be released is not necessary for the efficient ' conduct of the business of the Power Company ; (6) the proceeds realized or to be realized from the sale of ‘the property to be released repre- sent the full value thereof or the value of the property ex- changed therefor is at least equal to that of the property to be released ; and (c) such sale or exchange is advisable from the standpoint of the Power Company, the Trustee 63 and the holders of the bonds at the time outstanding here- under ; and (5) If the property requested to be released shall con- stitute a part of the pledged securities, there shall, in ad- dition to the resolutions, certificates, statements and other matters in this section 1 above specified, be delivered to the Trustee a certificate signed by one or more competent en- gineers or other experts or persons selected by the Trustee and believed by it to be disinterested, stating and showing that in the opinion of the person or persons signing such certificate and so selected the release of the pledged securi- ties mentioned in said certificate, will not in anywise or in any manner prejudice or impair the value of the security of the holders of bonds hereby secured, and that it is no longer necessary or advisable, from the standpoint of the Power Company, the Trustee and the bondholders, that such pledged securities should be retained as part of the property of the Power Company or as part of the security for the bonds hereby secured ; provided however that in no case shall a portion only of the pledged securities issued by the same company or representing a lien upon or interest in the property thereof be released ; and provided further that in no event shall any such release be made unless it be for an amount in cash equal to at least the face amount of the approved bonds, held or entitled to be received by the Trustee, of the said company, or secured by a lien upon the property of the company which issued, or an interest in whose property is represented by, the pledged securities asked to be released. (6) The Trustee may in its discretion and at the expense of the Power Company require additional evidence in respect of any of the statements or matters in any of the foregoing paragraphs of this section 1 mentioned and in any resolu- tion or certificate which may be delivered to it pursuant to the provisions of any such paragraph. Certificate of Engineer. Trustee may- re quire additional evidence. 64 Application of proceeds of property taken by eminent domain. Purchaser protected. Receiver or Trustee lawfully appointed may exercise powers of Power Company. Evidence to Trustee. Section 2. In case any part or parts of the mortgaged property or any interest therein shall be taken under any condemnation or eminent domain proceedings, the net proceeds realized by the Power Company therefrom shall be disposed of in the same manner as though realized from a voluntary sale of such property under the provisions hereof. Section 3. In favor of every purchaser from the Power Company and of every person claiming any interest therein by, through or under the Power Company, every release of property from the lien of this indenture by the Trustee under the provisions of this Article Eight shall be valid, and no such purchaser or person need inquire as to the power or authority of the Trustee to give any such re- lease. Section 4. In case the mortgaged premises shall be in the possession of a receiver lawfully appointed, the powers in and by this Article Eight conferred upon the Power Company may be exercised by such receiver, with the ap- proval of the Trustee, and if the Trustee shall be in posses- sion of the mortgaged premises under any provision of this indenture, then, all the powers by this Article Eight con- ferred upon the Power Company may be exercised by the Trustee in its discretion. Section 5. The Power Company shall furnish and the Trustee shall be wholly protected in relying upon the written opinion of counsel for the Power Company that the property acquired by the Power Company upon the re- lease of any of the mortgaged property as above provided, or the enlargements, extensions or additions of and to the plant and property of the Power Company acquired by the use of any money received in consideration of any such release, have been made subject to the lien hereof in like manner as if originally mortgaged hereby. 65 Section 6. In case any part of the cash proceeds of any released property received by the Trustee shall not have been, within six months from the receipt of such proceeds by the Trustee, applied as in section 1 of this Article Eight provided, or directed by resolution of the board of directors of the Power Company to be held for such use or applica- tion, the Trustee shall apply such proceeds or any part thereof to purchasing outstanding bonds issued under this indenture ; or if unable to purchase a sufficient amount of said bonds at or below the redemption price thereof, the Trustee shall proceed, on and after January first, 1916, in the name and on behalf of the Power Company to call bonds for redemption as in Article Nine of this indenture pro- vided, in the same manner as if the Power Company had made the election in said Article Nine specified in respect of the number of bonds which the funds so in the hands of the Trustee will enable the Trustee to redeem according to the terms of said bonds. ARTICLE NINE. Redemption of Bonds. All or any of the bonds of the Power Company at any time outstanding hereunder may, but not prior to Jan- uary first, 1916, at the option of the Power Company be redeemed from the holder or holders thereof on any in- terest payment date at the office of the Trustee, or at the office of Harris, Forbes and Company in the City of New York, as such holder or holders may elect, at par, ac- crued interest and a premium of five per cent, upon the principal thereof ; provided the Power Company shall have published notice of such redemption, at least once in each week for twelve weeks immediately preceding the half yearly interest date on which such redemption is to be made, in a newspaper of general circulation published in the City of New York. If so required by the Trustee, copies of such notice of redemption shall be mailed by the Power Application of proceeds from sale of property released. Bonds redeemable on any interest day subse- quent to January 1,1916, at 105 per cent. Publication of notice and proceedings in respect of redemption. 66 Defeasance upon deposit of redemption price. Conditions of acceptance of trusts. Trustee’s protection and immuni- ties. Company on or before the date of the first publication thereof to the Trustee and to the holder of each regis- tered bond at the last post-office address of such owner shown on the registry books of the Power Company . In case less than all the bonds outstanding at the time shall be proposed to be redeemed, the bonds to be redeemed shall in all cases be chosen by the Trustee by lot, in such manner as the Trustee shall determine or approve. If the amount necessary to redeem the bonds called for redemption as aforesaid shall have been deposited with the Trustee for the account of the holder or holders of such bonds on or before the date specified for such redemption, and the notice hereinbefore mentioned shall have been duly given, the Power Company and the Trustee shall be privileged to consider such bonds redeemed from the holder or holders thereof and interest on said bonds shall cease at the date specified for such redemption, and thereafter said bonds shall not be entitled to any benefit of or from this indenture. In case any question shall arise as to whether any such notice shall have been sufficiently given, such question shall be decided by the Trustee and the decision of the Trustee shall be final and binding upon all parties in interest. ARTICLE TEN. Concerning the Trustee. Section 1 . The Trustee hereby accepts the trusts im- posed upon it by this indenture, but only upon and subject to the following express terms and conditions:* (a) The Trustee may execute any of the trusts or powers hereof and perform any duties required of it by or through its attorneys, agents, receivers or employees and shall be entitled to advice of counsel concerning all matters of trust hereof and its duties hereunder, and may in all cases pay such reasonable compensation as it shall deem proper to all such attorneys, agents, receivers and employees as may by 67 it ba employed in connection with the trusts hereof and to such counsel, and the Power Company covenants and agrees to repay upon demand all such outlays and ex- penditures so incurred; ( b ) The Trustee shall not be responsible for any recitals herein or in said bonds, nor for insuring the mortgaged property or collecting any insurance moneys, nor for the execution, recording or validity of this indenture, nor for the sufficiency of the security for the bonds issued under or intended to be secured hereby, nor for the value or title of any of the mortgaged property, nor for keeping down taxes, charges, assessments or liens upon the same, nor otherwise as to the maintenance of the security thereof ; and the Trustee shall not be bound to ascertain or inquire as to the performance or observance of any covenants, con- ditions or agreements on the part of the Power Company; and the Trustee may from time to time require of the Power Company full information and advice as to the performance of the covenants, conditions and agreements aforesaid and as to the condition of the mortgaged property; (c) The Trustee shall be protected in acting upon any notice, request, consent, certificate, order, affidavit, letter, telegram or other paper or document believed to be gen- uine and correct and to have been signed or sent by the proper person or persons, and the Trustee shall not be bound to recognize any person as a holder of any bond or coupon or to take any action at his request unless such bond or coupon shall be deposited with the Trustee or sub- mitted to it for Inspection; (d) The Trustee shall not be obliged to do any act hereunder or to defend any suit in respect hereof unless indemnified to its satisfaction against loss, cost, liability and expense ; ( e ) As to the existence or non-existence of any fact, the Trustee shall be entitled to rely upon a certificate of the Power Company signed by its president or one of its vice- 68 presidents and attested by its secretary or one of its as- sistant secretaries as sufficient evidence of the facts therein contained, and shall also be at liberty to accept a similar certificate to the effect that any particular dealing, transaction or action is necessary or expedient, but it may in its discretion, at the expense of the Power Com- pany, in every case secure such further evidence as it may think necessary or advisable, but shall in no case be bound to secure the same. The Trustee may in relation to this indenture act upon the opinion or advice of any at- torney, valuer, surveyor, engineer, accountant or other expert, or of any counsel, whether retained by the Trus- tee, the Power Company or otherwise, and shall not be responsible for any loss resulting from any action or non- action in accordance with any such opinion or advice; (/) The Trustee shall not be liable for any action taken by it in good faith and believed by it to be within the dis- cretion or power conferred upon it by this indenture or be responsible for the consequences of any oversight or error of judgment on its part, and the Trustee shall not in any event be liable for any loss or damage caused by or result- ing from the act or neglect of any person employed and selected with reasonable care, nor for any loss unless the same shall happen through its own wilful default ; (g) The Trustee shall not be required to take notice or be deemed to have notice of any default hereunder unless specifically notified in writing of such default, and all notices or other instruments required by this indenture to be delivered to the Trustee must in order to be effective be delivered at the office of the Trustee; (h) The Trustee shall not be liable for any debts con- tracted or for damages to persons or to property injured or damaged or for salaries or non-fulfillment of contracts during any period in which the Trustee may be in the pos- session of or manage the mortgaged property as in this indenture provided ; 69 (t) At any and all reasonable times, the Trustee and its duly authorized agents, attorneys, experts, engineers, accountants and representatives shall have the right fully to inspect any and all of the properties of the Power Com- pany and of the subsidiary companies, or any of them, including all books, papers and contracts of the Power Company and of the subsidiary companies, and to take such memoranda from and in regard thereto as may be desired ; and (j) The Trustee shall not be required to give any bond or surety in respect of the execution of the said trusts and powers or otherwise in respect of the premises. Section 2. The Trustee shall have a first lien hereunder upon the mortgaged property for its reasonable compensa- tion and for expenses, advances and counsel fees incurred in and about the execution of the trusts hereby created and the exercise and performance of the powers and duties of the Trustee hereunder and the cost and expenses of defend- ing against any liability in the premises of any character whatsoever, and the Power Company hereby covenants and agrees to pay unto the Trustee on demand therefor all such reasonable compensation for its service in the premises as well as all advances, counsel fees and other expenses rea- sonably made or incurred in and about the execution of the trusts hereby created. Section 3 . The Trustee may at any time resign from the trust hereby created by giving thirty days’ written no- tice to the Power Company and to the other trustee, if any, and such resignation shall take effect at the end of said thirty days. Such notice and as well any other notice by any provision of this indenture required or contemplated to be given, shall have been sufficiently given for every pur- pose if delivered to any officer of the Power Company or deposited in some post-office addressed to the Power Com- pany at Portland, Maine. Trustee to have first lien for its reason- able compen- sation and expenses. Resignation of Trustee -30 days’ notice to be given. TO Removal of Trustee. Appointment of successor. Notice of appointment by Power Co. Appointment by bondhold- ers . Vesting of mortgaged properties in successor. Section 4. The Trustee may be removed at any time by an instrument or concurrent instruments in writing de- livered to the Trustee and to the Power Company, and signed by the holders of a majority in amount of the bonds hereby secured and then outstanding. Section 5. In case at any time the Trustee or any trus- tee or trustees hereafter appointed, shall resign or shall be removed or be dissolved or otherwise shall become inca- pable of acting, a successor may be appointed by the holders of a majority in amount of the bonds hereby secured and then outstanding, by an instrument or concurrent instru- ments in writing signed by such bondholders or by their attorneys in fact duly authorized ; provided nevertheless and it is hereby agreed and declared, that in case at any time there shall be a vacancy in the office of trustee here- under, the Power Company by instrument executed by order of its board of directors may appoint a trustee to fill such vacancy until a new trustee shall be appointed by the bondholders as herein authorized. The Power Company shall publish notice of any such appointment by it made once in each week for four consecutive weeks in a daily newspaper of general circulation published in the City of New York ; and any new trustee appointed by the Power Company shall immediately and without further act be superseded by a Trustee appointed by the bond- holders in the manner above specified, provided that such appointment be made prior to the expiration of one year from the date of the first publication of such notice. Every such Trustee appointed by the bondholders or by the Power Company shall always be a trust company in good standing in the City of New York having a capital, surplus and undivided profits aggregating not less than two million dollars, if there be such a trust company willing and able to accept the trust upon reasonable or customary terms. Any new trustee appointed hereunder shall execute, ac- knowledge and deliver to the trustee last in office and to 71 its or his co-trustee, if any, and also to the Power Com- pany, an instrument accepting such appointment here- under; and thereupon such new trustee without any far- ther act, deed or conveyance shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder with like effect as if originally named as Trustee herein; but the Trustee ceasing to act shall nevertheless on the written re- quest of the Power Company or of the new trustee and at the cost and expense of the Power Company, execute any and every instrument necessary or convenient to transfer to such new trustee, upon the trusts herein ex- pressed, all the estates, properties, rights, powers and trusts of the Trustee ceasing to act, and shall duly assign, transfer and deliver all property and moneys held by such Trustee to the new trustee. Should any deed, conveyance or other instrument in writing from the Power Company be required by the new trustee for more fully and certainly vesting in and confirming to such new trustee such estates, rights, powers and duties, any and all such deeds, convey- ances and instruments in writing shall on request be executed, acknowledged and delivered by the Power Com- pany. Section 6. If at any time or times the Trustee shall so request as being in its opinion necessary in order to con- form to any legal requirement, the Power Company and the Trustee shall unite in the execution and performance of any and all instruments and agreements necessary or proper to appoint another trust company, or one or more persons approved by the Trustee, either to act as co-trustee or co- trustees of all or any of the property subject to the lien hereof, jointly with the Trustee originally named herein or its successor or successors, or to act as separate trustee or trustees of any such property. Section 7. Every successor trustee and every additional trustee hereunder other than any trust company which Appointment of co-trustee. Conditions of acceptance by successor trustee and every additional trustee. 72 may be appointed as successor to the Harris Trust and Savings Bank, shall to the extent permitted by law be ap- pointed subject to the following provisions and conditions, namely : (1) The bonds secured hereby shall be authenticated and delivered, and all powers, duties, obligations and rights conferred upon the said Trustee in respect of the custody of all pledged securities and cash, shall be exercised solely by the Harris Trust and Savings Bank, or a trust company appointed and acting as its successor in the trust hereunder ; (2) No power shall be exercised hereunder by such suc- cessor or additional trustee or trustees except jointly with the consent in writing of the Harris Trust and Savings Bank or any trust company which may have been ap- pointed and be acting as its successor in the trust ; and (3) The Power Company and the Harris Trust and Sav- ings Bank or its successors in the trust, at any time, by an instrument in writing executed by them jointly may re- move any such other trustee or trustees, and by an instru- ment in writing executed by them jointly may appoint a successor or successors to such other trustee or trustees anything herein contained to the contrary notwithstanding. Notice delivered to Harris Trust and Savings Bank or its successor shall he deemed to have been delivered to all trustees. Any notice, request or other writing by or on behalf of the bondholders delivered solely to the Harris Trust and Savings Bank or its successor in the trust, shall be deemed to have been delivered to all such trustees as effectually as if delivered to each of them. Instruments appointing a successor or additional trustee shall refer to this indenture and the conditions of Article Ten. Every instrument appointing a successor or additional trustee or trustees shali refer to this indenture and the conditions in this Article Ten expressed, and upon the acceptance in writing by such successor or additional trustee or trustees, he, they or it shall be vested with the estates and property specified in such instrument, either jointly with the Harris Trust and Savings Bank or its suc- cessor, or separately as may be provided, subject to all the 73 trusts, conditions, covenants and provisions of this inden- ture, Every such instrument shall be filed with the Harris Trust and Savings Bank or its successor in the trust. Any additional trustee or trustees may at any time by an instrument in writing constitute the Harris Trust and Savings Bank, and its successor in the trust hereunder, his, their or its agent or attorney in fact with full power and authority, to the extent which may be permitted by law, to do all acts and things and exercise all discretions authorized or permitted by him, them or it for and in behalf and in the name of the trustee or trustees executing such instrument. In case any additional trustee or trustees or a successor to either of them, shall die, become incapable of acting, resign or be removed, all the estates, property, rights, power, trusts, duties and obligations of the said trustee, so far as permitted by law, shall vest in and be exercised by the Harris Trust and Savings Bank or its successor in the trust, without the appointment of a new trustee or suc- cessor to such additional trustee. No successor to any additional trustee shall be appointed unless such appointment shall be necessary for the full pro- tection of the bondholders hereunder, nor unless the Harris Trust and Savings Bank or its successor, or the holders of a majority in amount of the bonds hereby secured, shall deem such appointment expedient for any cause. Section 8. Except as herein otherwise provided, any re- quest, direction or order of the Power Company in this in- denture mentioned shall be expressed by a copy of a reso- lution of the board of directors of the Power Company, certified by its secretary or one of its assistant secretaries under its corporate seal. Whenever the existence or non- existence of any fact or other matter shall be material, the Trustee shall unless herein elsewhere provided to the con- trary be protected in acting or refraining from acting under any provision of this instrument, in relying upon a Additional Trustee may appoint Harris Trust and Savings Bank or its suc- cessor its attorney in fact. Removal of additional trustee. Appointment of successor to additional trustee. Trustee pro- tected in acting on certificates of officers. 74 Proof of execution. Proof of ownership of bonds. certificate as to the existence or non-existence of any such fact or matter signed by the president or one of the vice- presidents and by the secretary or one of the assistant secre- taries or the treasurer or one of the assistant treasurers of the Power Company. ARTICLE ELEVEN. Authentication of Bondholders’ Instruments. Any request or other instrument which this indenture may require or permit to be signed and executed by the bondholders, may be in any number of concurrent in- struments of similar tenor and may be signed or executed by such bondholders in person or by attorney appointed in writing. Proof of the execution of any such request or other instrument or of a writing appointing any such agent or of the holding by any person of the bonds or coupons appertaining thereto, shall be sufficient for every purpose of this indenture if made in the following manner: (a) The fact and date of the execution by any person of such request or other instrument in writing may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be re- corded in any State, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution; (b) The amount of bonds transferable by delivery held by any person executing such request or other instrument as a bondholder and the issued numbers thereof held by such person and the date of his holding the same, may be proved by a certificate executed by any trust company, bank, bankers or other depositary wheresoever situated, if such certificate shall be deemed by the Trustee to be satisfactory, showing that at the date therein mentioned such person had on deposit with such depositary the bonds 75 described in such certificate.. The ownership of registered bonds shall be proved by the registry books as hereinbefore provided. The Trustee shall not be bound to recognize any person as a bondholder unless and until his title to the bonds held by him is proved in the manner in this Article Eleven pro- vided. ARTICLE TWELVE. Defeasance and Miscellaneous Provisions. Section 1 . Until the security hereof shall become en- Power Com- forcible as provided in sections 1 and 2 of Article Six hereof, P an y entltled the Power Company shall be suffered and permitted to possess, operate, maintain and enjoy all the franchises, rights and property of every kind conveyed by this inden- ture and every part thereof, other than the pledged securities and money herein provided to be deposited with the Trustee, and to take and use the income, rents, issues and profits thereof, with power in the ordinary course of business freely to use and consume the supplies and except as herein otherwise expressly provided to the con- trary to deal with choses in action and contracts and exer- cise the rights and powers conferred upon it thereby; and to alter, repair and remove its buildings and structures, and to change the position of its plants, canals, dams, ditches, poles and wires, or other property whatsoever, and to replace and renew any of its equipment, machinery, poles or other property ; and in its discretion to sell or otherwise dispose of any of its machinery, apparatus, tools, appliances, and other personal assets which may have be- come worn out or damaged or otherwise unsuitable for its purposes, provided that if the same shall be subject to the lien of these presents, it shall substitute therefor, subject to the lien of these presents, free from prior lien or charges, 76 property of equal value, so that the security of the bonds issued and to be issued hereunder shall not thereby be in anywise reduced or impaired. Reversion of mortgaged property to Power Company upon performance. Section 2. If and when the bonds hereby secured shall have become due and payable, the Power Company shall well and truly pay or cause to be paid the whole amount of the principal moneys and interest due upon all the bonds hereby secured and then outstanding, or shall provide for such payment by depositing with the Trustee hereunder for the payment of such bonds and the accrued interest thereon the entire amount then due thereon for principal and interest, and also shall pay or cause to be paid all other sums then accrued and to be paid to the Trustee hereunder by the Power Company, then and in that case, all property, shares of stock, bonds, obligations and other rights and interests hereunder conveyed, assigned, mort- gaged or pledged or then subject hereto, shall revert to the Power Company, its successors or assigns ; and the estate, rights, title and interest of the Trustee in respect thereof shall thereupon cease, determine and become void ; and the Trustee in such case on demand of the Power Com- pany, its successors or assigns, and at its or their cost and expense, shall execute proper instruments acknowledging satisfaction of this indenture ; but the Trustee in such case shall continue to hold as depositary for the Power Company, its successors and assigns, the certificates for all shares of stock, and all bonds or other obligations and claims and the evidences thereof, which are then on de- posit with it hereunder, until the board of directors of the Power Company, its successors or assigns, by resolution, shall have authorized some disposition thereof ; whereupon the Trustee shall dispose of such shares of stock, bonds or other securities as authorized by such resolution. The term Power Company means Consumers Power Company or its successor. Section 3. For every purpose of this indenture, includ- ing the execution, issue and use of any and all the bonds 77 authorized to be issued hereunder, the term Power Com- pany includes and means not only the Consumers Power Company, but also any successor corporation. Every such successor corporation shall possess and from time to time may exercise each and every right and power hereunder of the Consumers Power Company, in its name or other- wise, and any act or proceeding by any provision of this indenture required to be done or performed by the board of directors or any officer of the Power Company may be done and performed with like force and effect by the like board or officer of any corporation that shall at the time be such lawful successor of the Power Company. Nevertheless, before the exercise of the powers conferred by this section 3, the Power Company, by instrument in writing executed by authority of its board of directors and delivered to the Trustee, may surrender any of the powers by any provision of this indenture reserved to the Power Company, or to such successor corporation ; and thereupon such power so surrendered shall terminate. Section 4. The terms or words 4 6 the Trustee,” “ said Definitions. Trustee,” or any other equivalent terms as used in this indenture, shall be held and construed to mean the Trustee or Trustees for the time being, whether original or suc- cessor ; and the words “Trustee,” “bond,” “bondholder” and “holder,” shall include the plural as well as the sin- gular number, whether or not so. expressed. The word “bond” or “ bonds ” shall, unless otherwise indicated, mean and refer to bonds duly authenticated and issued in accordance with the provisions hereof and the word “coupon” or “coupons” to a coupon or to coupons pertaining to bonds authenticated and so issued. The terms “stock,” “capital stock,” “shares” and “shares of capital stock” unless the context expressly requires a different construction, shall be deemed to include 78 Covenants herein con- tained to be binding on successors or assigns of Power Company. Rights limited to parties and bondholders. Marginal notes and index no part of indenture. Testimonium clause. certificates of deposit for shares, voting trust certificates for shares and certificates of beneficial interest therein. Section 5. All the covenants, stipulations, promises and agreements in this indenture contained by or on behalf of the Power Company, shall bind and be binding upon its successors and assigns, whether or not so expressed. Section 6. Nothing in this indenture or in the bonds ex- pressed or implied is intended or shall be construed to give any person or corporation other than the parties hereto and the holders of the bonds, any legal or equitable right, remedy or claim under or in respect of this indenture or under any covenant, condition or provision herein con- tained ; all the covenants, conditions and provisions herein being intended to be and being for the sole and exclusive benefit Of the parties hereto and of the holders of the bonds and interest obligations pertaining thereto. Section 7. The marginal notes and index or table of contents are no part of this indenture. In witness whereof, the Consumers Power Company has, at the City of New York in the State of New York, caused its corporate seal to be hereto affixed and this in- strument to be signed in its behalf and name by its presi- dent or one of its vice : presidents, and has caused its corporate seal to be attested by its secretary or one of its assistant secretaries ; and the Harris Trust and Sav- ings Bank has, at the City of Chicago in the County of Cook and State of Illinois, likewise caused its corporate seal to be hereto affixed and this instrument to be signed in its behalf and name by its president or one of its vice-presi- dents, and has caused its corporate seal to be attested by 79 its secretary or one of its assistant secretaries ; all as of the day and year first above written. Consumers Power Company, by E. W. Clark, Vice-President. [CORPORATE SEAL.] Attest : Geo. E. Hardy, Secretary. Signed, sealed and delivered by the Consumers Power Company in the presence of us w T ho hereto subscribe our names as witnesses in attestation thereof: A. B. Leet. W. H. Bennett. Albert W. Harris, Vice-President. [corporate seal.] Attest: Edward P. Smith, Secretary. Signed, sealed and delivered by the Harris 1 Trust and Savings Bank in the presence of [ us who hereto subscribe our names as wit- | nesses in attestation thereof : J Robert 0. Lord. Donald C. Miller, 80 State of New York, ) County of New York, ) SS ' * Be it remembered that on this 15th day of February, in the year 1911, before me, the undersigned, a notary pub- lic in and for the County and State above named, person- ally appeared the above namM E. W. Clark, Vice-Presi- dent of the Consumers Power Company, to me personally known, and being by me duly sworn did depose and say that he resides in Philadelphia, that he is Vice-Presi- dent of the Consumers Power Company, the cor- poration described in and which executed the above instrument, that he knows the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation, that it was so affixed to said instrument and said instrument was signed and sealed on behalf of said corporation by authority and order of the board of directors of said corporation, and that he signed his name thereto by like order ; and said E. W. Clark acknowledged said instrument to be the free act and deed of said corporation. In witness whereof, I have hereunto set my hand and notarial seal, in the County and State of New York, on the day and year in this certificate first above written. Jno. C. Weadock, Notary Public, within and for [seal.] the County of New York in the State of New York. My commission as notary public expires Mar. 30, 1912. 81 State of Illinois, ) County of Cook, ) s * ’ Be it remembered that on this 17th day of February, in the year 1911, before me, the undersigned, a notary public in and for the County and State above named, personally appeared the above-named Albert W. Harris, Vice-Presi- dent of the Harris Trust and Savings Bank, to me person- ally known, and being by me duly sworn, did depose and say that he resides in Chicago, 111.; that he is Vice-Presi- dent of the Harris Trust and Savings Bank, the corporation described in and which executed the above instrument ; that he knows the seal of said corporation, and that the seal affixed to said instrument is the corporate seal of said corporation ; that it was so affixed to said instrument and said instrument was signed and sealed on behalf of said corporation by authority and order of the board of directors of said corporation, and that he signed his name thereto by like order ; and said Albert W. Harris acknowledged said instrument to be the free act and deed of said corporation. In witness whereof, I have hereunto set my hand and notarial seal in the County of Cook, State of Illinois, on the day and year in this certificate first above written. R. S. Pribble, Notary Public within and for [seal.] the County of Cook in the State of Illinois. My commission as notary public expires Dec. 17, 1914. \ SUPPLEMENTAL. TRUST INDENTURE Dated August 3, 1915 CONTENTS.* Recitals : page Date 1 Parties 1 Execution of Trust Indenture 1 Right to convey mortgaged property and obtain sur- render and cancellation of pledged securities, etc. . . 1 Authority of Company to do business in Michigan . . 2, 4 Property of subsidiary companies subjected to lien of Trust Indenture 2 Opinion of counsel delivered to Trustee 3 Order of Michigan Railroad Commission 3 Resolution of stockholders and directors 4 Granting Clause: Grant and conveyance 4 General description of property mortgaged 4-6 Specific description of real and personal property. . . . 6-98 Au Sable Electric Company 6-15 Bay City Power Company 15-16 Central Power Company 16-17 Commonwealth Power Company 17-49 Consumers Power Company (Mich.) 49-54 Economy Power Company 54-72 Flint Electric Company 72-73 Grand Rapids Edison Company, \ Grand Rapids-Muskegon Power Co. \ Pontiac Power Co 95-96 Saginaw Power Company 96—98 Exceptions and Reservations 98-100 Habendum : Grant in trust 100 Subject to underlying mortgages 100-1 Covenants : Power Company to maintain corporate authority to do business in Michigan 102 Trustee Authorized: To cancel and surrender securities 102 To enter satisfaction of mortgages 103 Attestation Clause 103 Signatures 103-4 Acknowledgments 104-5 Mortgage Tax Affidavit 106 Chattel Mortgage Affidavit 107 * This table of contents and marginal notes are no part of the instrument as executed and recorded. AN INDENTURE, dated as of the third day of August, A. D., 1915, by and between the Consumers Power Company, a corporation duly incorporated and existing under and by virtue of the laws of Maine, and duly authorized to do busi- ness in the State of Michigan, hereinafter sometimes called the Power Company, party of the first part, and the Harris Trust and Savings Bank, a corporation organized and exist- ing under and by virtue of the laws of the State of Illinois, and having its principal office in the City of Chicago, Trustee, hereinafter sometimes called the Trustee, party of the second part. Whereas, The Power Company, as of the second day of January, A. D. 1911, did make, execute, and deliver to the Trustee, the deed of trust or mortgage which is hereto pre- fixed and made a part hereof, designated and which is herein- after sometimes referred to as Trust Indenture; and Whereas, The Trust Indenture (Section 7 of Article Five, page 44) provides that the assignment and pledge thereunder of any shares of stock of any subsidiary com- pany shall not prevent conveyance of the property of any such company to the Power Company; provided that such conveyance shall be made only upon such terms as shall not in the opinion of counsel selected or approved by the Trustee in any manner impair or prejudice the value of the security thereunder; and that in the event of the conveyance of its property by a subsidiary company to the Power Company, the Trust Indenture immediately becomes a lien upon the property conveyed; and Whereas, The Trust Indenture (Section 11 of Article Five, page 48) provides that whenever all the property of any sub- sidiary company of the Power Company shall have been con- veyed to the Power Company, and subjected to the lien there- of, the Trustee, in its discretion, and upon its receiving the Date. Parties. Recital of execution of Trust Inden- ture of Jan. 2 , 1911 . Recital of right to con- vey mort- gaged prop- erty. And obtain surrender and cancella- tion of pledged se- curities, etc. 2 Opinion of counsel re- quired. Satisfaction of underlying mortgages. Recital gov- erning au- thentication of bonds. Recital of authority of Power Company to do business in Michigan. Property of subsidiary companies subject to lien of mortgage. opinion of counsel selected or approved by it to the effect that the rights and security of the bondholders and of the Trustee thereunder will not be impaired thereby, may cancel all or any of the shares of stock, bonds, notes, indebtedness, securities, claims, or other obligations, and the certificates therefor or the evidences thereof, issued by or held against the subsidiary company whose property shall have been so conveyed or subjected to the lien of the Trust Indenture, and in such case the Trustee may cause to be entered of record a satisfaction of any mortgage or other agreement under which such bonds, notes, or other securities are issued ; and Whereas, The Trust Indenture (Section 3 of Article Two, page 23) also provides that no bonds shall be authenticated and no cash withdrawn under the provisions of Section 3 of Article Two thereof on account of expenditures made for the acquisition of any real estate or the construction of any plants, buildings, or other improvements thereon, unless said real estate shall have been specifically subjected to the lien of the Trust Indenture or the lien of a mortgage securing approved bonds as in the Trust Indenture defined; and Whereas, The Power Company has been regularly au- thorized to do business in the State of Michigan, and all the property owned by the Au Sable Electric Company, Bay City Power Company, Commonwealth Power Company, Consumers Power Company (Michigan), Central Power Company, Econ- omy Power Company, Flint Electric Company, Grand Rapids- Muskegon Power Company, Grand Rapids Edison Company, Pontiac Power Company, and Saginaw Power Company, re- spectively, subsidiary companies of the Power Company, has been conveyed to the Power Company (the property of the Grand Rapids Edison Company having been first conveyed to the Grand Rapids-Muskegon Power Company), and said prop- erties so conveyed are now subject to the lien of the Trust Indenture; and Whereas, There has been delivered to the Trustee an opin- ion of counsel selected or approved by it to the effect that (1) the conveyance of the property of the subsidiary companies has been made upon such terms as will not in any manner impair or prejudice the value of the security under the Trust Indenture, and (2) the rights and security of the bondholders and of the Trustee under the Trust Indenture will not be im- paired by the cancellation of all or any of the shares of stock, bonds, notes, indebtedness, securities, claims, or other obliga- tions, and the certificates therefor, or the evidences thereof, issued by or held against the Au Sable Electric Company, Bay City Power Company, Commonwealth Power Company, Con- sumers Power Company (Michigan), Central Power Com- pany, Economy Power Company, Flint Electric Company, Grand Rapids-Muskegon Power Company, Grand Rapids Edison Company, Pontiac Power Company, and Saginaw Power Company, the subsidiary companies whose properties have been conveyed to the Power Company and subjected to the lien of said Trust Indenture pursuant to the terms thereof ; and Whereas, The Trust Indenture (Section 4 of Article Three, page 29) provides that the Power Company will make, do, execute, and acknowledge all such further acts, deeds, con- veyances, assignments, transfers, and assurances in the law as may be reasonably advised, devised, and required for effectuating the intention thereof, and for the better assuring or confirming unto the Trustee, and its successor or successors in the trust thereby created upon the trusts and for the pur- poses therein expressed, all and singular the property thereby mortgaged or intended or agreed so to be; and Whereas, The Michigan Railroad Commission has duly consented to and approved the said Trust Indenture and the execution of this Supplemental Indenture, and as well the issued bonds and capital stock of the Power Company, and Opinion of counsel de- livered to Trustee. Rights and security of bondholders not impaired. Execution of additional instruments. Order of Michigan Railroad Commission approving securities. Recital of authorization to do busi- ness in Michigan. Stockholders’ and Direc- tors’ reso- lution. Granting clause. Properties mortgaged. no further issues of bonds under said Trust Indenture shall be made except upon and with the consent and approval of said Commission or other body succeeding to its powers in that behalf so long as such consent and approval is required by law; and Whereas, The Power Company has made proper applica- tion for permission and authority to do business in the State of Michigan under and according to the laws of said State, and has been granted and now holds such authority ; and Whereas, The Power Company has duly resolved and de- termined by proper action of its stockholders and directors to execute, acknowledge, and deliver this Indenture supple- mental to the Trust Indenture for the purpose of perfecting the same, and specifically describing certain of the real estate subject thereto and other purposes therein mentioned and contemplated, but not for the purpose of creating any addi- tional indebtedness ; Now, Therefore, This Indenture Witnesseth, That for a valuable consideration to it in hand paid, the receipt whereof is hereby acknowledged, and in order to secure the payment of the principal and interest of all bonds of the Power Com- pany at any time issued and outstanding under the Trust In- denture, according to the provisions of said bonds and of the Trust Indenture, and to secure the performance and obser- vance of each and of all of the covenants and agreements in the Trust Indenture and herein contained, Consumers Power Company hereby grants, sells, bargains, aliens, releases, con- veys, assigns, transfers, warrants, mortgages and pledges unto the Harris Trust and Savings Bank, as Trustee, and its successors in the trust created by the Trust Indenture and hereby, and its and their assigns, all the following property, wherever situate, viz : First . — All the real estate, water-rights, flowage-rights, sites, dams, reservoirs, generating plants, power houses, trans- 5 mission lines, distribution systems, buildings, machinery, boilers, dynamos, equipment, fixtures, appliances, tools, mate- rials and supplies now owned or which may at any time here- after be owned or acquired by the Power Company, and any and all betterments, improvements, additions, enlargements, and extensions thereto and thereof in any manner and by whomsoever made or acquired. Second — All the estate, right, title and interest, prop- erty, possessions, claims and demands whatsoever, as well in equity as at law, now owned, held, possessed, enjoyed or claimed by the Power Company or which it may hereafter acquire, own, hold, possess, enjoy, or claim, and each and every part thereof. Also all books, records, accounts, fran- chises, rights, licenses, grants, agreements, contracts, rights of way, easements, privileges, servitudes, and immunities, now owned or which may at any time hereafter be acquired, owned, held or enjoyed by or conferred upon the Power Company. Also all other property and property rights of whatsoever character or nature and wheresoever situate, real, personal or mixed, which are now owned and which may at any time hereafter be owned, acquired, held, possessed or enjoyed by or in any manner conferred upon the Power Com- pany; and the reversion and reversions, remainder and re- mainders, revenues, rents, income, tolls, issues and profits of each and every part of the property hereby mortgaged and pledged. Third — All the property, real, personal, and mixed, of every name and nature, situate in the State of Michigan, con- veyed to the Power Company by the Au Sable Electric Com- subsidiary pany, Bay City Power Company, Central Power Company, Commonwealth Power Company, Consumers Power Com- pany, Economy Power Company, Flint Electric Company, Grand Rapids-Muskegon Power Company, Pontiac Power Company, and Saginaw Power Company, by their respective deeds duly executed, acknowledged, and delivered November 6 25th, 1914, to which deeds and the record thereof reference is hereby made, portions of said property being particularly described as follows: Description of property : Au Sable Electric Company. 1. All the following described pieces and parcels of land, and all the land acquired by and granted to the Au Sable Elec- tric Company by deeds, grants or other conveyances made, dated and recorded as follows, viz: Complete Electric Transmission lines extending as fol- lows : From the generating stations on the Au Sable River in Iosco County located at Loud Dam, Five Channels Dam and Cooke Dam, so-called to the substation at Mil- waukee in Saginaw County and from said substation at Zilwaukee to the generating station at Flint in Genesee County, and from the generating station at Flint to the substation at Owosso, Shiawasse County, and from the substation at Owosso to the substation at Charlotte in Eaton County, and from the substation at Charlotte to the steam plant at Battle Creek in Calhoun County, and from a point north of Battle Creek around the north and east and north and west sides of said city of Battle Creek to connect with the transmission line of the Commonwealth Power Company extending from Jackson to Kalamazoo; from the city of Saginaw in Saginaw County to Bay City in Bay County; from the city of Saginaw in Saginaw County to Bay City in Bay County along the right of way of the Michigan Railway Company; from the city of Battle Creek in Calhoun County to the city of Allegan in Allegan County; from the city of Kalamazoo in Kala- mazoo County to the city of Grand Rapids in Kent County, with a branch extending to Plainwell Dam, so- called, in Allegan County from a point on the transmis- sion line extending from Kalamazoo to Grand Rapids a short distance north of the village of Plainwell in Alle- gan County ; from the substation in the village of Croton in Newaygo County to the substation at Muskegon Heights in Muskegon County ; from the generating station at Cooke Dam, so-called, to the village of Oscoda in Iosco County, including masts, towers, poles, cross-arms, in- sulators, cables, wires, and other apparatus and appli- 7 ances; also lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privileges and other rights used and useful or convenient in connection with said electric transmission lines, however and when- soever acquired, obtained or secured, including such of them as are described in the following instruments, to wit : Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated June 17, 1913, and recorded in Iosco County Register’s Office July 14, 1913, in Liber 50 of Deeds at Pages 609 and 610. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated December 7, 1912, and re- corded in Iosco County Register’s Office February 5, 1913, in Liber 50 of Deeds at Pages 565 and 566. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated December 14, 1911, and re- corded in Iosco County Register’s Office November 23, 1912, in Liber 50 of Deeds at Pages 534 to 548, inclusive, in Arenac County Register’s Office December 31, 1912, in Liber 48 of Deeds at Pages 41 to 56, in Bay County Register’s Office November 2, 1912, in Liber 145 of Deeds at Pages 458 to 474, in Saginaw County Register’s Office December 14, 1912, in Liber 293 of Deeds at Pages 187 to 226, inclusive, in Genesee County Register’s Office De- cember 22, 1911, in Liber 218 of Deeds at Pages 13 to 24, inclusive. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated July 16, 1912, and recorded in Iosco County Register’s Office August 23, 1912, in Liber 50 of Deeds at Page 514. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated February 5, 1914, and re- corded in Iosco County Register’s Office February 18, 1914, in Liber 57 of Deeds at Page 4. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated August 7, 1912, and recorded in Iosco County Register’s Office October 16, 1912, in Liber 50 of Deeds at Pages 529 to 530. 8 Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated July 16, 1912, and recorded in Arenac County Register's Office July 30, 1912, in Liber 45 of Deeds at Pages 580 to 581. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated June 13, 1914, and recorded in Arenac County Register's Office June 29, 1914, in Liber 153 of Deeds at Pages 173 and 174. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated July 16, 1912, and recorded in Bay County Register's Office July 30, 1912, in Liber 145 of Deeds at Pages 384 and 385. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated January 25, 1912, and recorded in Saginaw County Register's Office January 27, 1912, in Liber 286 of Deeds at Page 342. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Jan. 25, 1912, and recorded in Saginaw County Register's Office Jan. 27, 1912, in Liber 286 of Deeds at Page 343. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated July 16, 1912, and recorded in Saginaw County Register's Office July 29, 1912, in Liber 291 of Deeds at Pages 253, 254, 255 and 256. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated July 16, 1912, and recorded in Genesee County Register's Office May 29, 1914, in Liber 218 of Deeds at Pages 176-177. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Genesee County Register's Office Feb. 4, 1913, in Liber 218 of Deeds at Pages 76-77-78. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Genesee County Register's Office Jan. 23, 1913, in Liber 198 of Deeds at Page 365. 9 Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Shiawassee County Register’s Office April 2, 1913, in Liber 140 of Deeds at Page 62. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Shiawassee County Register’s Office Apr. 19, 1913, in Liber 140 of Deeds at Page 72. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 13, 1911, and recorded as follows: in Shiawassee County Register’s Office Feb. 23, 1912, in Liber 127 of Deeds at Pages 563-564, in Ingham County Register’s Office Dec. 23, 1911, in Liber 166 of Deeds at Page 508, in Eaton County Register’s Office Jan. 10, 1912, in Liber 169 of Deeds at Page 345. Conveyance made by Commonwealth Power Company, a corporation, dated Dec. 7, 1912, and recorded in Ingham County Register’s Office Jan. 29, 1913, in Liber 5 of Miscellaneous Records, Page 594, and in Eaton County Register’s Office Jan. 20, 1913, in Liber 169 of Deeds at Page 558. Conveyance made by Eastern Michigan Power Com- pany, a corporation dated Dec. 2, 1912, and recorded in Eaton County Register’s Office Jan. 21, 1913, in Liber 169 of Deeds at Page 559. Conveyance made by Eastern Michigan Power Com- pany, a corporation dated Dec. 2, 1912, and recorded in Calhoun County Register’s Office Feb. 4, 1913, in Liber 232 of Deeds at Page 490. Conveyance made by Charles H. May, single, dated Dec. 7, 1912, and recorded in Calhoun County Register’s Office Jan. 20, 1913, in Liber 229 of Deeds at Page 559. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 2, 1912, and recorded in Calhoun County Register’s Office Jan. 20, 1913, in Liber 232 of Deeds at Page 481. 10 Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec, 2, 1912, and recorded in Calhoun County Register’s Office Jan. 20, 1913, in Liber 232 of Deeds at Page 482. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Calhoun County Register’s Office Jan. 20, 1913, in Liber 229 of Deeds at Page 557. Conveyance made by Eastern Michigan Power Com- pany, a corporation dated June 24, 1914, and recorded in Calhoun County Register’s Office Aug. 11, 1914, in Liber 245 of Deeds at Page 350. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Saginaw County Register’s Office Feb. 8, 1913, in Liber 291 of Deeds at Pages 435-436-437. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Saginaw County Register’s Office Jan. 23, 1913, in Liber 291 of Deeds at Pages 425-426-427. Conveyance made by Saginaw-Bay City Railway Com- pany, corporation, dated Dec, 7, 1912, and recorded in Saginaw County Register’s Office Jan. 23, 1913, in Liber 291 of Deeds at Pages 424-425. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Bay County Register’s Office Feb. 12, 1913, in Liber 145 of Deeds at Pages 519-522. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated Dec. 7, 1912, and recorded in Bay County Register’s Office Jan. 28, 1913, in Liber 145 of Deeds at Page 504. Conveyance made by Michigan Railway Engineering Company, a corporation, dated Mar. 13, 1914, and re- corded in Saginaw County Register ’s Office Mar. 25, 1914, in Liber 325 of Deeds at Pages 466-467-468, and in Bay 11 Comity Register’s Office Mar. 31, 1914, in Liber 153 of Deeds at Page 137. Conveyance made by Michigan Railway Engineering Company, a corporation, dated Feb. 5, 1914, and recorded in Calhoun County Register’s Office Mar. 7, 1914, in Liber 245 of Deeds at Page 203, in Kalamazoo County Regis- ter’s Office Feb. 17, 1914, in Liber 162 of Deeds at Page 525, in Barry County Register ’s Office Mar. 12, 1914, in Liber 106 of Deeds at Pages 206-207, in Allegan County Register’s Office Feb. 21, 1914, in Liber 193 of Deeds at Page 240, and in Kent County Register’s Office Mar. 24, 1914, in Liber 420 of Deeds at Pages 361-362-363. Conveyance made by Michigan & Chicago Railway Company, a corporation, dated March 13, 1914, and re- corded in Kalamazoo County Register’s Office April 3, 1914, in Liber 162 of Deeds at Page 579, in Allegan County Register’s Office March 25, 1914, in Liber 193 of Deeds at Page 251, in Kent County Register’s Office April 15, 1914, in Liber 420 of Deeds at Pages 437-438. Conveyance made by Michigan Railway Engineering Company, a corporation, dated February 5, 1914, and recorded in Allegan County Register’s Office February 17, 1914, in Liber 193 of Deeds at Page 237, and in Kent County Register’s Office March 7, 1914, in Liber 420 of Deeds at Pages 327-328-329. Conveyance made by Grand Rapids, Holland & Chi- cago Railway, a corporation, dated October 31, 1914, and recorded in Kent County Register’s Office November 10, 1914, in Liber 431 of Deeds at Pages 105-106. Conveyance made by Michigan Railway Engineering Company, a corporation, dated February 4, 1914, and recorded in Kent County Register ’s Office February 17, 1914, in Liber 18 of Miscellaneous Records at Pages 16- 17-18. Conveyance made by Michigan Railway Engineering Company, a corporation, dated March 13, 1914, and re- corded in Kent County Register’s Office March 24, 1914, in Liber 420 of Deeds at Pages 358-359. 12 Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated May 14, 1914, and recorded in Allegan County Register’s Office July 28, 1914, in Liber 193 of Deeds at Page 360. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated March 24, 1913, and recorded in Newaygo County Register’s Office April 3, 1913, in Liber 107 of Deeds at Page 1. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated March 24, 1913, and recorded in Muskegon County Register’s Office March 31, 1913, in Liber 153 of Deeds at Page 550. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated April 9, 1913, and recorded in Muskegon County Register’s Office April 19, 1913, in Liber 12 of Miscellaneous Records at Page 608. Conveyance made by Eastern Michigan Power Com- pany, a corporation, dated March 24, 1913, and recorded in Muskegon' County Register’s Office March 29, 1913, in Liber 153 of Deeds at Page 548. Conveyance made by the Au Sable & Northwestern Railway Company, a corporation, dated October 8, 1912, and recorded in Iosco County Register ’s Office October 21, 1912, in Liber 50 of Deeds at Page 531. Conveyance made by Eastern Michigan Power Com- pany, a corporation, covering the Merle Beach substa- tion property in the Township of Olive, Clinton County, Michigan, dated January 10, 1914, and recorded in the Clinton County Register’s Office January 23, 1914, in Liber 129 of Deeds at Page 564. By the descriptions of property in this paragraph 1 contained whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by refer- ence to deeds or other conveyances to the Au Sable Electric Company and to the records thereof, or otherwise, the Power Company includes, intends to include and does 13 hereby specifically include all the property of every name and nature described in or covered by the First Mortgage of the Au Sable Electric Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of the follow- ing counties in Michigan, viz: Allegan County, February 20, 1914, in Liber 125 of Mortgages beginning on page 244 ; Arenac County, May 23, 1913, in Liber 24 of Mortgages beginning on page 356; Barry County, February 28, 1914, in Liber 75 of Mortgages beginning on page 84; Bay County, May 22, 1913, in Liber 101 of Mortgages beginning on page 283; Calhoun County, May 20, 1913, in Liber 161 of Mortgages beginning on page 27; Clinton County, January 29, 1914, in Liber 116 of Mortgages beginning on page 386; Eaton County, May 19, 1913, in Liber 119 of Mortgages beginning on page 1 ; Genesee County, May 22, 1913, in Liber 166 of Mortgages beginning on page 210; Ingham County, May 21, 1913, in Liber 153 of Mortgages beginning on page 225 ; Iosco County, February 10, 1911, in Liber 17 of Mortgages beginning on page 395; Kalamazoo County, February 17, 1914, in Liber 130 of Mortgages beginning on page 229 ; Kent County, Feb- ruary 25, 1914, in Liber 381 of Mortgages beginning on page 335; Muskegon County, May 26, 1913, in Liber 120 of Mort- gages beginning on page 548; Newaygo County, May 27, 1913, in Liber 80 of Mortgages beginning on page 403 ; Sagi- naw County, May 22, 1913, in Liber 185 of Mortgages begin- ning on page 205 ; Shiawassee County, May 21, 1913, in Liber 122 of Mortgages beginning on page 468; and all property of every name and nature described in or covered by all the several mortgages given by the Au Sable Electric Company to the Harris Trust and Savings Bank, Trustee, supplemental to the First Mortgage above described, including such sup- plemental mortgages dated and recorded as follows, viz: Dated June 7, 1912, covering transmission line in Iosco County; dated June 7, 1912, covering transmission line in 14 Arenac County; dated June 7, 1912, covering transmission line in Bay County; dated June 7, 1912, covering property in Saginaw County; dated June 7, 1912, covering transmis- sion line in Genesee County; dated June 7, 1912, covering transmission line in Eaton County; dated June 7, 1912, cov- ering transmission line in Ingham County; dated June 7, 1912, covering transmission line in Shiawassee County ; dated December 17, 1912, covering transmission line in Iosco County; dated December 17, 1912, covering transmission line in Bay County; dated December 17, 1912, covering transmis- sion line in Bay County; dated December 17, 1912, covering transmission line in Saginaw County; dated December 17, 1912, covering transmission line in Eaton County; dated De- cember 17, 1912, recorded in Calhoun County Register’s Office, May 20, 1914, in Liber 159 of Mortgages beginning on page 204; dated December 17, 1912, covering transmission line in Genesee County; dated December 17, 1912, covering transmission line in Shiawassee County; dated March 24, 1913, covering transmission line in Muskegon County; dated March 24, 1913, covering transmission line in Newaygo County; dated April 9, 1913, recorded in Muskegon County, Register’s Office March 7, 1914, in Liber 130 of Mortgages be- ginning on page 70; dated June 18, 1913, recorded in Iosco County, Register’s Office, August 22, 1913, in Liber 17 of Mortgages beginning on page 625; dated January 15, 1914, recorded in Clinton County, Register’s Office, February 4, 1914, in Liber 116 of Mortgages beginning on page 412 ; dated February 13, 1914, and recorded in the office of the Register of Deeds of the following counties : Kalamazoo County, March 2, 1914, in Liber 130 of Mortgages beginning on page 250, Allegan County, March 7, 1914, in Liber 125 of Mortgages be- ginning on page 268, and Kent County, March 13, 1914, in Liber 381 of Mortgages beginning on page 421 ; dated March 13, 1914, recorded in Kent County Register’s Office, June 6, 1914, in Liber 381 of Mortgages beginning on page 606; 15 dated February 13, 1914, covering transmission line in Cal- houn, Kalamazoo, Barry and Allegan Counties ; dated March 13, 1914, and recorded in the office of the Register of Deeds of the following counties: Saginaw County, June 6, 1914, in Liber 185 of Mortgages beginning on page 304, and Bay County, June 16, 1914, in Liber 101 of Mortgages beginning on page 371 ; dated February 13, 1914, covering transmission line from Kalamazoo River to Grand Rapids, Holland & Chi- cago Railway and from the Grand Rapids, Holland & Chicago Railway to Wealthy Street in Grand Rapids ; dated June 25, 1914, recorded in Calhoun County Register’s Office August 24, 1914, in Liber 161 of Mortgages at page 188, and dated No- vember 11, 1914, covering crossing over Grand Rapids, Hol- land & Chicago Railway right of way. All and singular the buildings and structures, dams, re- servoirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and sub-station ma- chinery, apparatus and equipment, boilers, engines, genera- tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical apparatus and equipment, overhead and underground construction, con- duits, meters, services, materials and supplies, tools, and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Au Sable Elec- tric Company, whether now owned or hereafter acquired. 2. Lots one (1) and “A” Block one hundred and thirty (130) Addition to Lower Saginaw and lots five (5), six (6), seven (7), and eight (8), Block one hundred and eleven (111), Lower Saginaw (now part of Bay City), according to the plat thereof of record and in common use. By the descriptions of property in this paragraph 2 contained the Power Company includes, intends to include and does hereby specifically include all the property of every Bay City Power Company. Central Power Company. 16 name and nature described in or covered by the First Mort- gage of the Bay City Power Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of Bay County on the 10th day of February, 1911, in Liber 99 of Mortgages begin- ning at page 148 ; and all property of every name and nature described in or covered by a certain supplemental mortgage given by the Bay City Power Company to the Harris Trust and Savings Bank, Trustee, supplemental to the First Mort- gage above described which supplemental mortgage is dated September 21, 1912, and covers property in Bay County. All and singular the buildings and structures, dams, reser- voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation ma- chinery, apparatus and equipment, boilers, engines, genera- tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construc- tion, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Bay City Power Company, whether now owned or hereafter acquired. 3. All and singular the buildings and structures, dams, reservoirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulk- heads, power plants, substations, power plant and substation machinery, apparatus and equipment, boilers, engines, gen- erators, machinery and equipment, motors, electrical trans- mission and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or 17 useful in connection with the business of the Central Power Company, whether now owned or hereafter acquired. 4. All the following described pieces and parcels of land, and all the land acquired by and granted to the Commonwealth Power Company by deeds, grants, or other conveyances made, dated, and recorded as follows, viz : Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated March 3, 1911, and recorded in Allegan County Register’s office March 8, 1911, in Liber 171 of Deeds at Page 300. Conveyance made by Chas. R. Wilkes and Bertha P. Wilkes, his wife, dated January 28, 1911, and recorded in Allegan County Register’s office January 30, 1911, in Liber 186 of Deeds at Page 432. Conveyance made by Allegan Hydraulic Company, Limited, a partnership association, dated May 15, 1913, and recorded in Allegan County Register’s office August 29, 1913, in Liber 193 of Deeds at Page 148. Conveyance made by Chas. R. Wilkes and Bertha P. Wilkes, his wife, dated November 17, 1908, and recorded in Allegan County Register’s office December 5, 1908, in Liber 176 at Page 201. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated June 18, 1906, and recorded in Allegan County Register’s office June 20, 1906, in Liber 158 of Deeds at Page 314. Conveyance made by Wm. Wedge and Mary A. Wedge, his wife, dated March 9, 1911, and recorded in Allegan County Register ’s office March 10, 1911, in Liber 186 of Deeds at Page 584. Conveyance made by the Jackson Light & Power Company, a Michigan corporation, dated January 13, 1905, and recorded in Allegan County Register’s office, January 14, 1905, in Liber 158 of Deeds at Page 1. Conveyance made by the Jackson Light & Power Company, a Michigan corporation, dated January 13, Common- wealth Power Company. 18 1905, and recorded in Allegan County Register’s office May 10, 1905, in Liber 158 of Deeds at Page 66, and Jackson County Register ’s office May 3, 1905, in Liber 176 at Page 539. Conveyance made by Kalamazoo Valley Electric Company, a Michigan corporation, dated January 14, 1905, and recorded in Allegan County Register’s office J anuary 17, 1905, in Liber 159 of Deeds at Page 547. Conveyance made by Otsego Power Company, Limi- ted, a partnership association, dated January 13, 1905, and recorded in Allegan County Register ’s office January 14, 1905, in Liber 158 of Deeds at Page 12. Conveyance made by C. A. Briggs and Amelia Briggs, his wife, jointly, dated March 21, 1905, and recorded in Allegan County Register’s office March 29, 1905, in Liber 162 at Page 142. Conveyance made by Gorham A. Sherwood and Lida Sherwood, his wife, and Eber W. Sherwood and Cynthia Sherwood, his wife, dated December 12, 1906, and re- corded in Allegan County Register’s office December 20, 1906, in Liber 167 of Deeds at Page 181. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated February 1, 1910, and recorded in Alle- gan County Register’s office March 4, 1910, in Liber 171 of Deeds at Page 175. Conveyance made by the Plainwell Power Company, Limited, a partnership association, dated January 13, 1905, and recorded in Allegan County Register’s office January 14, 1905, in Liber 158 of Deeds at Page 6. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated November 18, 1912, and recorded in Alle- gan County Register’s office October 22, 1913, in Liber 193 at Page 172. Conveyance made by Eugene J. Dibble, widower, da- ted March 25, 1913, and recorded in Allegan County Reg- ister’s office, April 1, 1913, in Liber 194 at Page 68. Conveyance made by William M. Eaton and Una C. 19 Eaton, his wife, dated November 29, 1911, and recorded in Allegan County Register’s office December 19, 1911, in Liber 171 of Deeds at Page 431. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated June 12, 1913, and recorded in Alle- gan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 343. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated November 24, 1913, and recorded in Allegan County Register’s office January 29, 1914, in Liber 193 of Deeds at Page 232. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated September 5, 1913, and recorded in Allegan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 344. Conveyance made by Elizabeth Schumann, widow, Minnie Edelmann, and George Schumann, sole and only heirs at law of August Schumann, deceased, and Jessie Schumann, wife of said George Schumann, dated March 11, 1914, and recorded in Allegan County Register’s of- fice March 20, 1914, in Liber 195 of Deeds at Page 150. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated June 12, 1913, and recorded in Al- legan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 345. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated April 14, 1913, and recorded in Al- legan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 346. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated October 3, 1913, and recorded in Allegan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 347. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated October 3, 1913, and recorded in Allegan County Register’s office January 29, 1914, in Liber 195 of Deeds at Page 106. 20 Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated October 3, 1913, and recorded in Allegan Connty Register’s office January 29, 1914, in Li- ber 196 of Deeds at Page 348. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated October 3, 1913, and recorded in Allegan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 349. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated April 14, 1913, and recorded in Al- legan County Register ’s office, January 29, 1914, in Liber 196 of Deeds at Page 350. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated April 14, 1913, and recorded in Al- legan County Register’s office January 29, 1914, in Liber 196 of Deeds at Page 351. Conveyance made by Walter W. Gibb and Franc M. Gibb, his wife, dated November 24, 1913, and recorded in Allegan County Register’s office January 30, 1914, in Liber 193 of Deeds at Page 233. Conveyance made by the Jackson Light & Power Company a corporation, dated February 14, 1911, and recorded in Allegan County Register’s office March 30, 1911, in Liber 171 of Deeds at Page 314; recorded in Calhoun County Register’s office March 13, 1911, in Li- ber 224 of Deeds at Page 563 ; recorded in Jackson Coun- ty Register ’s office March 23, 1911, in Liber 198 of Deeds at Page 633, etc., and recorded in Kalamazoo County Register’s office April 8, 1911, in Liber 153 of Deeds at Page 227. Conveyance made by John Gordon and Mollie S. Gor- don, his wife, dated January 19, 1912, and recorded in Allegan County Register’s office January 27, 1912, in Li- ber 171 of Deeds at Page 451. Conveyance made by Earl C. Corey and Alice F. Co- rey, his wife, dated March 15, 1910, and recorded in Kal- amazoo County Register’s office March 24, 1910, in Liber 145 of Deeds at Page 473. 21 Conveyance made by William M. Eaton and Una C. Eaton, his wife, dated December 29, 1913, and recorded in Kalamazoo County Register’s office January 7, 1914, in Liber 162 of Deeds at Page 490. Conveyance made by George P. Redpath and Eliza Redpath, his wife, dated October 25, 1911, and recorded in Kalamazoo Connty Register’s office October 25, 1911, in Liber 153 of Deeds at Page 458. Conveyance made by Nathan F. Pool and Sarah J. Pool, his wife, dated June 12, 1905, and recorded in Kal- amazoo County Register’s office June 15, 1905, in Liber 128 of Deeds at Page 171. Conveyance made by Arthur L. Pratt and Frances E. Pratt, his wife, dated July 21, 1911, and recorded in Kalamazoo County Register’s office August 5, 1911, in Liber 158 of Deeds at Page 250. Conveyance made by Jackson Light and Power Com- pany, a corporation, dated January 13, 1905, and re- corded in Calhoun County Register’s office January 14, 1905, in Liber 189 of Deeds at Page 570. Conveyance made by Ceresco Mill and Hydraulic Company, Limited, a partnership association, dated Octo- ber 25, 1905, and recorded in Calhoun County Register’s office November 2, 1905, in Liber 195 of Deeds at Page 293. Conveyance made by Carlton S. Miller, unmarried, dated August 10, 1905, and recorded in Calhoun County Register’s office August 26, 1905, in Liber 195 of Deeds at Page 215. Conveyance made by Charles D. Brewer and Anna M. Brewer, his wife, dated October 11, 1905, and recorded in Calhoun County Register’s office October 26, 1905, in Liber 197 of Deeds at Page 28. Conveyance made by William M. Fayerweather and Lettie Fayerweather, his wife, and Anna M. Fayer- weather, dated September 5, 1905, and recorded in Cal- 22 houn County Register’s office September 8, 1905, in Liber 195 of Deeds at Page 231. Conveyance made by Charles E. Rickner, a single man, dated September 21, 1908, and recorded in Calhoun County Register’s office September 25, 1908, in Liber 213 of Deeds at Page 27. Conveyance made by Charles F. Bradford and Jessie M. Bradford, his wife, dated December 3, 1912, and re- corded in Calhoun County Register’s office December 10, 1912, in Liber 236 of Deeds at Page 359. Conveyance made by Ellen Sullivan, dated November 14, 1913, and recorded in Calhoun County Register ’s office November 26, 1913, in Liber 245 of Deeds at Page 107. Conveyance made by Cordelia M. Archer Smith, dated October 11, 1913, and recorded in Calhoun County Reg- ister’s office November 26, 1913, in Liber 245 of Deeds at Page 108. Conveyance made by W. S. Butterfield and Caroline K. Butterfield, his wife, dated November 10, 1913, and recorded November 26, 1913, in Calhoun County Regis- ter’s office in Liber 245 of Deeds at Page 106. Conveyance made by Ray M. Walker and Jessie P. Walker, his wife, jointly, dated October 2, 1913, and re- corded in Calhoun County Register’s office November 26, 1913, in Liber 245 of Deeds at Page 105. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated October 7, 1912, and recorded in Calhoun County Register’s office October 15, 1912, in Liber 214 of Deeds at Page 507. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated September 21, 1912, and recorded in Cal- houn County Register’s office October 7, 1912, in Liber 214 of Deeds at Page 506. Conveyance made by Wm. M. Thompson and Kizzie R. Thompson, his wife, dated April 26, 1905, and recorded in Jackson County Register’s office May 3, 1905, in Liber 176 of Deeds at Page 537, excepting and reserving from 23 the property thereby conveyed the right of way for a drain. Conveyance made by Jackson Light and Power Com- pany, a corporation, dated January 13, 1905, and re- corded in Jackson County Register’s office January 14, 1905, in Liber 176 of Deeds at Page 426. Conveyance made by Bernhard Teufel, single, dated April 15, 1907, and recorded in J ackson County Register ’s office April 18, 1907, in Liber 186 of Deeds at Page 330. Conveyance made by Eastern Michigan Power Com- pany, dated January 10, 1914, and recorded in Jackson County Register’s office January 23, 1914, in Liber 215 of Deeds at Pages 409 to 412. Conveyance made by Ernest I. McCuen and Eulalia McCuen, his wife, and George B. Gallup and Emma Gal- lup, his wife, dated July 16, 1913, and recorded in Jack- son County Register’s office July 30, 1913, in Liber 215 of Deeds at Page 213. Conveyance made by Mrs. N. E. Hull, dated October 1, 1912, and recorded in Jackson County Register’s office January 16, 1913, in Liber 215 of Deeds at Page 41. Conveyance made by Martin P. Conway and Alice C. Conway, his wife, dated January 7, 1913, and recorded in Jackson County Register’s office January 14, 1913, in Liber 215 of Deeds at Page 34. Conveyance made by T. J. Whalen and Debra Whalen, his wife, dated January 7, 1913, and recorded in Jackson County Register’s office January 14, 1913, in Liber 215 of Deeds at Page 35. Conveyance made by Arthur W. Mason and May H. Mason, dated October 19, 1912, and recorded in Jackson County Register’s office January 16, 1913, in Liber 215 of Deeds at Page 39. Conveyance made by O. J. Graves and Mary E. Graves, dated October 1, 1912, and recorded in Jackson County Register’s office January 16, 1913, in Liber 215 of Deeds at Page 40. 24 Conveyance made by John Fox and Louise Fox, his wife, dated February 3, 1913, and recorded in Jackson County Register’s Office March 4, 1913, in Liber 215 of Deeds at Page 80. Conveyance made by Mathilda Heiler dated May 11, 1914, and recorded in Jackson County Register’s Office May 14, 1914, in Liber 215 of Deeds at Pages 560 to 561. Conveyance made by Home Real Estate and Improve- ment Company, a corporation, and N. S. Potter, dated April 12, 1912, and recorded in Jackson County Register’s Office June 7, 1912, in Liber 207 of Deeds at Page 474. Conveyance made by S. F. Longobardi and Jiulia Longobardi, his wife, dated August 20, 1910, and recorded in Jackson County Register’s Office August 20, 1910, in Liber 198 of Deeds at Page 373. Conveyance made by Sydney C. Mantel and Rubie L. Mantel, his wife, dated December 20, 1912, and recorded in Jackson County Register’s Office December 23, 1912, in Liber 215 of Deeds at Page 11. Conveyance made by Henry W. Clauss and Louise Clauss, his wife, dated December 20, 1912, and recorded in Jackson County Register’s Office December 23, 1912, in Liber 215 of Deeds at Page 10. Conveyance made by Mrs. M. Haselschwerdt, dated December 18, 1912, and recorded in J ackson County Reg- ister ’s Office December 23, 1912, in Liber 215 of Deeds at Page 12. Conveyance made by Fred Younkin and Stella r J. Younkin, his wife, dated November 1, 1912, and recorded in Jackson County Register’s Office November 1, 1912, in Liber 207 of Deeds at Page 615. Conveyance made by Charles M. Mesler and Almeda A. Mesler, his wife, dated November 1, 1912, and recorded in Jackson County Register’s Office November 1, 1912, in Liber 207 of Deeds at Page 614. Conveyance made by William A. Boland and Lucy S. Boland, his wife, dated September 4, 1912, and recorded 25 in Jackson County Register’s Office October 25, 1912, in Liber 207 of Deeds at Page 611. Conveyance made by W. A. Foote and Ida W. Foote, bis wife, dated June 28, 1912, and recorded in Washtenaw County Register’s Office July 3, 1912, in Liber 190 of Deeds at Page 71. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated November 1, 1912, and recorded in Wash- tenaw County Register’s Office November 8, 1912, in Liber 191 of Deeds at Page 57. Conveyance made by Charles A. Pendleton and Mary D. Pendleton, his wife, dated March 9, 1911, and recorded in Ingham County Register’s Office March 15, 1911, in Liber 182 of Deeds at Page 468. Conveyance made by N. Lansing Zabriskie and Louise M. Zabriskie, his wife, Edwin Y. Morgan, bachelor, Frederick G. Morgan, bachelor, Edith P. Morgan, Clar- ence Morgan and Anna D. Morgan, his wife, dated Octo- ber 26, 1905, and recorded in Ingham County Register’s office December 20, 1905, in Liber 141 of Deeds at Page 208. Conveyance made by H. H. Crowell and Irene M. Crowell, his wife, dated September 3, 1913, and recorded in Ionia County Register’s office January 7, 1914, in Liber 155 of Deeds at Page 673. Conveyance made by Caroline R. Reeder, dated Sep- tember 10, 1913, and recorded in Ionia County Register’s office September 22, 1913, in Liber 169 of Deeds at Page 110 . Conveyance made by Grand Ledge Electric Power Company, a Michigan corporation, dated August 15, 1907, and recorded in Eaton County Register’s office August 30, 1907, in Liber 157 of Deeds at Page 141 and following. Conveyance made by City of Grand Ledge, a munici- pal corporation of the State of Michigan, dated April 26, 1911, and recorded in Eaton County Register’s office May 6, 1911, in Liber 165 of Deeds at Page 637. 26 Conveyance made by Grand Ledge Electric Power Company, a Michigan corporation, dated July 27, 1907, and recorded in Ionia County Register’s office August 1, 1907, in Liber 148 of Deeds at Page 602. Conveyance made by Grand Ledge Electric Power Company, a Michigan corporation, dated February 26, 1908, and recorded in Ionia County Register’s office March 16, 1908, in Liber 151 of Deeds at Page 291. Conveyance made by Grand Ledge Electric Power Company, a Michigan corporation, dated November 25, 1907, and recorded in Ionia County Register’s office De- cember 13, 1907, in Liber 155 of Deeds at Page 9. Conveyance made by George F. Blacksten and Carrie E. Blacksten, his wife, dated May 16, 1912, and recorded in Ionia County Register’s office June 1, 1912, in Liber 166 of Deeds at Page 161. Conveyance made by Sarah J. Towner, Everett A. Towner, Jane Towner, his wife, and Charles E. Towner, dated March 25, 1912, and recorded in Ionia County Register’s office April 3, 1912, in Liber 165 of Deeds at Page 575. Conveyance made by Edwin G. Wilson and Zylpliia Wilson, his wife, dated April 2, 1912, and recorded in Ionia County Register’s office April 3, 1912, in Liber 165 of Deeds at Page 577. Conveyance made by William F. Selleck and Alvira Selleck, his wife, dated July 26, 1911, and recorded in Ionia County Register’s office February 26, 1912, in Liber 165 of Deeds at Page 435. Conveyance made by John Hoppes and Mary Eve Hoppes, his wife, dated September 25, 1906, and recorded in Ionia County Register’s office September 26, 1906, in Liber 150 of Deeds at Page 75. Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated April 5, 1906, and recorded in Ionia County Register’s office August 3, 1906, in Liber 148 of Deeds at Page 479. 27 Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated August 27, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 144 of Deeds at Page 621. Conveyance made by Hanford D. La Roche and Susanah A. La Roche, his wife, dated August 15, 1906, and recorded in Ionia County Register’s office August 16, 1906, in Liber 149 of Deeds at Page 608. Conveyance made by Newell Griffin, a single man, dated September 25, 1906, and recorded in Ionia County Register’s office September 26, 1906, in Liber 150 of Deeds at Page 74. Conveyance made by Judson O. Hendee and Anna M. Hendee, his wife, dated September 18, 1906, and re- corded in Ionia County Register’s office September 20, 1906, in Liber 150 of Deeds at Page 37. Conveyance made by Bart Buck, unmarried, George A. Buck and Mary W. Buck, his wife, Edwin A. Buck and Lula A. Buck, his wife, dated September 18, 1906, and recorded in Ionia County Register’s office September 20, 1906, in Liber 150 of Deeds at Page 34. Conveyance made by Cora E. McIntyre dated Sep- tember 18, 1906, and recorded in Ionia County Register’s office September 20, 1906, in Liber 150 of Deeds at Page 36. Conveyance made by Geo. T. Smith and Tressa Smith, his wife, dated October 11, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 122. Conveyance made by Frank E. White and Bertha B. White, his wife, dated August 6, 1906, and recorded in Ionia County Register’s office August 9, 1906, in Liber 144 of Deeds at Page 602. Conveyance made by Frank E. White and Bertha B. White, his wife, and Joseph H. White and Grace M. White, his wife, dated August 2, 1906, and recorded in 28 Ionia County Register’s office August 9, 1906, in Liber 144 of Deeds at Page 601. Conveyance made by Charles Goodwin and Lucy A. Goodwin, his wife, dated August 29, 1906, and recorded in Ionia County Register’s office September 7, 1906, in Liber 150 of Deeds at Page 19. Conveyance made by Hermann Rochlitz and Anna E. Rochlitz, his wife, dated September 13, 1906, and recorded in Ionia County Register’s office September 14, 1906, in Liber 150 of Deeds at Page 66. Conveyance made by Edward L. Goodwin and Lillie M. Goodwin, his wife, dated August 29, 1906, and re- corded in Ionia County Register’s office September 4, 1906, in Liber 150 of Deeds at Page 12. Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated September 4, 1906, and recorded in Ionia County Register’s office September 7, 1906, in Liber 144 of Deeds at Page 625. Conveyance made by Mary Hinchy Bradley, guardian of James Wesley Hinchy, minor, dated November 13, 1906, and recorded in Ionia County Register’s office No- vember 13, 1906, in Liber 145 of Deeds at Page 550. Conveyance made by John Ginebaugh and Eliza C. Ginebaugh, his wife, dated October 10, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 119. Conveyance made by Cornelia A. Green dated July 31, 1906, and recorded August 3, 1906, in Ionia County Register’s office in Liber 149 of Deeds at Page 574. Conveyance made by Benjamin F. Carpenter and Eliza Carpenter, his wife, dated September 19, 1906, and recorded in Ionia County Register’s office September 20, 1906, in Liber 150 of Deeds at Page 33. Conveyance made by Joseph Hazleton and Harriet A. Hazleton, his wife, dated August 31, 1906, and recorded in Ionia County Register’s office September 4, 1906, in Liber 150 of Deeds at Page 15. 29 Conveyance made by Erastus T. Yeomans and Walter Yeomans dated June 18, 1912, and recorded in Ionia County Register’s office June 20, 1912, in Liber 162 of Deeds at Page 575. Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated September 4, 1906, and recorded in Ionia County Register’s office September 7, 1906, in Liber 144 of Deeds at Page 625. Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated August 27, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 149 of Deeds at Page 636. Conveyance made by Thomas Toan and Mary P. Toan, his wife, dated September 13, 1906, and recorded in Ionia County Register’s office, September 14, 1906, in Liber 150 of Deeds at Page 65. Conveyance made by Aimer Welch and Eliza Welch, his wife, dated October 10, 1906, and recorded in Ionia County Register’s office, October 12, 1906, in Liber 150 of Deeds at Page 121. Conveyance made by Ira Welch, a single man, dated October 10, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 120 . Conveyance made by Mary E. Webber, Lorenzo Web- ber and Dora Stone Webber, his wife, and Christine Webber Latta, dated August 15, 1906, and recorded in Ionia County Register’s office September 4, 1906, in Liber 148 of Deeds at Page 500. Conveyance made by John C. Schultz and Mary G. Schultz, his wife, dated August 30, 1906, and recorded in Ionia County Register’s office September 4, 1906, in Liber 150 of Deeds at Page 13. Conveyance made by William F. Schultz and Alice B. Schultz, his wife, dated June 5, 1906, and recorded in Ionia County Register’s office June 8, 1906, in Liber 149 of Deeds at Page 424.. 30 Conveyance made by Norman Castle and Juny Castle, liis wife, dated October 12, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 126. Conveyance made by Mary T. Ferguson dated June 5, 1906, and recorded in Ionia County Register’s office June 8, 1906, in Liber 149 of Deeds at Page 425. Conveyance made by William S. Keefer and Minnie Keefer, his wife, dated September 19, 1906, and recorded in Ionia County Register’s office September 20, 1906, in Liber 150 of Deeds at Page 35. Conveyance made by Charlotte T. Northrop dated August 22nd, 1906, and recorded in Ionia County Regis- ter’s office August 28, 1906, in Liber 144 of Deeds at Page 618. Conveyance made by Wilbert W. Cutler and Marion E. Cutler, his wife, Philo F. Cutler and Belle Cutler, his wife, and Lavinia E. Cutler, dated August 11, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 144 of Deeds at Page 615. Conveyance made by Ella C. Massey dated August 18, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 144 of Deeds at Page 620. Conveyance made by Kate D. Harris dated August 20, 1906, and recorded in Ionia County Register’s office* August 28, 1906, in Liber 144 of Deeds at Page 619. Conveyance made by Charles Dygert dated August 21, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 144 of Deeds at Page 616. Conveyance made by Stephen A. Vaness dated Au- gust 24, 1906, and recorded in Ionia County Register’s office August 28, 1906, in Liber 144 of Deeds at Page 617. Conveyance made by W. A. Foote and Ida W. Foote, his wife, dated March 2, 1910, .and recorded in Ionia 31 County Register’s Office March 4, 1910, in Liber 143 of Deeds at Page 511. Conveyance made by Alvah Gr. Smith and Ada M. Smith, his wife, dated August 31, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 123. Conveyance made by Daniel S. Johnson and Alice J. Johnson, dated April 7, 1906, and recorded in Ionia County Register’s office August 16, 1906, in Liber 149 of Deeds at Page 609. Conveyance made by Jacob L. Buck and Clarissa L. Buck, his wife, Harvey O. Lester and Ada B. Lester, his wife, dated November 7, 1906, and recorded in Ionia County Register’s office November 8, 1906, in Liber 150 of Deeds at Page 217. Conveyance made by Alpheus A. Rock and Anna M. Rock, his wife, dated September 13, 1906, and recorded in Ionia County Register’s office October 12, 1906, in Liber 150 of Deeds at Page 127. Conveyance made by Humphrey R. Wagar and Ophelia E. Wagar, his wife, dated December 31, 1906, and recorded in Ionia County Register’s office January 15, 1907, in Liber 151 of Deeds at Page 59. Conveyance made by Ora J. Turner and Lucy A. Turner, his wife, dated July 15, 1912, and recorded in Ionia County Register ’s office July 19, 1912 in Liber 89 of Deeds at Page 421. Conveyance made by Lewis C. Miller and Sarah E. Miller, his wife, dated November 17, 1909, and recorded in Calhoun County Register’s office January 21, 1910, in Liber 217 of Deeds at Page 462. Conveyance made by Frances Kelley, dated Novem- ber 17, 1909, and recorded in Calhoun County Register’s office January 21, 1910, in Liber 217 of Deeds at Page 463. Conveyance made by Solomon Sellers and Sarah A. Sellers, his wife, dated November 18, 1909, and recorded 32 in Calhoun County Register’s office, January 21, 1910, in Liber 217 of Deeds at Page 465. Conveyance made by John F. Shurlow and Emily S. Shurlow, his wife, dated August 15, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131, of Deeds at Page 477. Conveyance made by Henry M. Marvin and Jennie Dodge Marvin, his wife, dated September 14, 1906, and recorded in Kalamazoo County Register’s office Decem- ber 8, 1906, in Liber 131 of Deeds at Page 493. Conveyance made by Mary A. Loveland, dated Sep- tember 26, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 496. Conveyance made by Chas. W. Andrews, single, da- ted August 24, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 482. Conveyance made by William Shakespeare, Junior, and Lhea C. Shakespeare, his wife, and Lydia Shake- speare, dated October 15, 1909, and recorded in Kalama- zoo County Register’s office January 28, 1910, in Liber 145 of Deeds at Page 415. Conveyance made by Nettie M. Newton, dated Sep- tember 29, 1909, and recorded in Kalamazoo County Reg- ister’s office January 5, 1910, in Liber 145 of Deeds at Page 386. Conveyance made by Sylvester H. Gray and Antha Gray, his wife, dated October 7, 1909, and recorded in Kalamazoo County Register’s office January 28, 1910, in Liber 145 of Deeds at Page 412. Conveyance made by Delbert L. Thomas and Olive M. Thomas, his wife, dated November 8, 1909, and re- corded in Kalamazoo County Register’s office January 5, 1910, in Liber 142 of Deeds at Page 464. Conveyance made by Asa A. Doane and Johanna Do- ane, his wife, dated December 6, 1909, and recorded in 33 Kalamazoo County Register’s office January 5, 1910, in Liber 149 of Deeds at Page 55. Conveyance made by Charlotte I. Anderson Gilbert, dated October 26, 1909, and recorded in Kalamazoo Coun- ty Register’s office January 5, 1910, in Liber 145 of Deeds at Page 394. Conveyance made by Oscar N. Brower, a single man, dated October 22, 1909, and recorded in Kalamazoo County Register’s office November 13, 1909, in Liber 145 of Deeds at Page 320. Conveyance made by Geo. W. M. Hunt and Clara B. Hunt, dated November 11, 1909, and recorded in Kala- mazoo County Register’s office January 5, 1910, in Liber 145 of Deeds at Page 393. Conveyance made by C. L. Hoose and Carrie Hoose, his wife, dated October 18, 1909, and recorded in Kalama- zoo County Register’s office January 5, 1910, in Liber 145 of Deeds at Page 385. Conveyance made by Margaret I. Love, dated Octo- ber 9, 1909, and recorded in Kalamazoo County Regis- ter’s office January 5, 1910, in Liber 145 of Deeds at Page 384. Conveyance made by Oscar N. Brower, single, dated October 22, 1909, and recorded in Kalamazoo County Register’s office November 13, 1909, in Liber 145 of Deeds at Page 319. Conveyance made by Chas. S. Dayton, Edwin J. Day- ton, and Frances Dayton, his wife, dated December 30, 1909, and recorded in Kalamazoo County Register’s of- fice January 5, 1910, in Liber 145 of Deeds at Page 392. Conveyance made by Geo. C. Winslow and Alice J. Winslow, his wife, dated October 30, 1909, and recorded in Kalamazoo County Register ’s office January 5, 1910, in Liber 145 of Deeds at Page 391. Conveyance made by Caleb Wilson and Helen A. Wilson, his wife, dated October 21, 1909, and recorded 34 in Kalamazoo County Register’s office January 5, 1910, in Liber 145 of Deeds at Page 390. Conveyance made by John Grant, dated October 28, 1909, and recorded in Kalamazoo County Register’s of- fice January 5, 1910, in Liber 145 of Deeds at Page 389. Conveyance made by George L. Klinger and Georgi- annia, his wife, and Susan M. Klinger, dated October 5, 1909, and recorded in Kalamazoo County Register’s of- fice January 5, 1910, in Liber 145 of Deeds at Page 388. Conveyance made by the City of Kalamazoo, a mu- nicipal corporation, dated December 22, 1909, and re- corded in Kalamazoo County Register’s office January 5, 1910, in Liber 145 of Deeds at Page 387. Conveyance made by William Thomas and Emma Thomas, his wife, dated October 1, 1909, and recorded in Kalamazoo County Register’s office February 1, 1910, in Liber 145 of Deeds at Page 418. Conveyance made by Geo. A. Bradt and Sophia Bradt, his wife, dated October 5, 1909, and recorded in Kalama- zoo County Register ’s office July 2, 1910, in Liber 145 of Deeds at Page 588. Conveyance made by Otto A. Rousch and Clara Rousch, his wife, dated December 7, 1909, and recorded in Kalamazoo County Register ’s office January 28, 1910, in Liber 145 of Deeds at Page 411. Conveyance made by Adam Elirman and Barbara Ehrman, his wife, dated September 30, 1909, and record- ed in Kalamazoo County Register’s office July 2, 1910, in Liber 145 of Deeds at Page 589. Conveyance made by William A. Watson and Frank J. Watson, both single men, dated January 29, 1910, and recorded in Kalamazoo County Register’s office July 2, 1910, in Liber 145 of Deeds at Page 592. Conveyance made by Samuel A. Morrison, dated Oc- tober 2, 1909, and recorded in Kalamazoo County Regi- ster’s office July 2, 1910, in Liber 145 of Deeds at Page 591. 35 Conveyance made by Chas. H. Palmer and Lonise R. Palmer, and Harry S. Waterman and Jennie I. Water- man, dated October 13, 1909, and recorded in Kalamazoo County Register’s office November 6, 1909, in Liber 145 of Deeds at Page 314. Conveyance made by Chas. H. Palmer and Louise R. Palmer, his wife, and Harry S. Waterman and Jennie I. Waterman, his wife, dated October 10, 1910, and record- ed in Kalamazoo County Register’s office May 24, 1911, in Liber 153 of Deeds at Page 293. Conveyance made by I. Nat. Wattles and Florence S. Wattles, his wife, dated October 23, 1909, and recorded in Kalamazoo County Register’s office December 16, 1912, in Liber 162 of Deeds at Page 209. Conveyance made by Harry Cowie, dated October 27, 1909, and recorded in Kalamazoo County Register ’s of- fice January 28, 1910, in Liber 145 of Deeds at Page 413. Conveyance made by Solomon Quackenbush, dated October 26, 1909, and recorded in Kalamazoo County Register’s office January 28, 1910, in Liber 145 of Deeds at Page 414. Conveyance made by Mary J. Fletcher, Cornelia S. Sheldon, Oscar D. Cornell and Geo. H. Cornell, dated February 14, 1910, and recorded in Kalamazoo County Register’s office July 2, 1910, in Liber 145 of Deeds at Page 589. Conveyance made by Elizabeth O. Belch, et al, dated January 3, 1910, and recorded in Kalamazoo County Register’s office December 16, 1912, in Liber 162 of Deeds at Page 208. Conveyance made by Herbert L. Ashton and Abbie H. Ashton, his wife, dated December 16, 1909, and re- corded in Kalamazoo County Register’s office January 31, 1910, in Liber 145 of Deeds at Page 417. Conveyance made by J. D. Kommissaris, dated Octo- ber 27, 1909, and recorded in Kalamazoo County Regi- 36 ster’s office January 27, 1912, in Liber 162 of Deeds at Page 103. Conveyance made by Elias B. Willison and Nancy Willison, bis wife, dated August 25, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 483. Conveyance made by Cephas S. Kent and Harriet C. Kent, his wife, dated August 24, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 483. Conveyance made by Geo. C. Winslow and Alice J. Winslow, his wife, dated October 30, 1909, and recorded in Kalamazoo County Register’s office January 5, 1910, in Liber 145 of Deeds at Page 392. Conveyance made by Frances L. Piper and George W. Langs, single, dated September 15, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 494. Conveyance made by Edward T. Dodge and Louise P. Dodge, his wife, dated September 26, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 495. Conveyance made by John F. Shurlow and Emily S. Shurlow, his wife, dated August 15, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 478. Conveyance made by Ruth M. Scudder, dated August 11, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 476. Conveyance made by Mary A. Brewer, dated August 15, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 479. Conveyance made by Esther A. Robinson, dated Octo- ber 15, 1906, and recorded in Kalamazoo County Regis- ter’s office December 8, 1906, in Liber 131 of Deeds at Page 500. 37 Conveyance made by Minnie L. Wing, dated October 16, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 502. Conveyance made by Miel L. Cory and Sarah M. Cory, his wife, dated October 16, 1906, and recorded in Kala- mazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 502. Conveyance made by John D. Nellis, single, dated October 19, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 505. Conveyance made by Thomas A. Graham and Florence E. Graham, his wife, dated August 11, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 477. Conveyance made by John Donovan, single, dated August 10, 1906, and recorded in Kalamazoo County Reg- ister’s office December 8, 1906, in Liber 131 of Deeds at Page 475. Conveyance made by William H. Booker, single, dated October 17, 1906, and recorded in Kalamazoo County Reg- ister ’s office December 8, 1906, in Liber 131 of Deeds at Page 504. Conveyance made by Flora A. Powers, dated October 17, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 505. Conveyance made by Frank E. Brown, single, dated October 16, 1906, recorded in Kalamazoo County Regis- ter’s office December 8, 1906, in Liber 131 of Deeds at Page 501. Conveyance made by John Donovan, single, dated October 19, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 506. 38 Conveyance made by Eunice M. Jones, dated Septem- ber 22, 1906, and recorded in Kalamazoo County Regis- ter’s office December 8, 1906, in Liber 131 of Deeds at Page 499. Conveyance made by R. A. Newell and Nettie F. New- ell, his wife, dated August 21, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 480. Conveyance made by Milo A. Snow and Kate Snow, his wife, dated December 29, 1906, and recorded in Kala- mazoo County Register’s office January 7, 1907, in Liber 135 of Deeds at Page 145. Conveyance made by Catharine A. Waling and Chas. H. Waling, single, dated August 18, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 480. Conveyance made by School District Number Five, Township of Richland, dated September 28, 1906, and re- corded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 496. Conveyance made by Eugene F. Knappen and Sarah Elizabeth Knappen, his wife, dated August 15, 1906, and recorded in Kalamazoo County Register’s office December 29, 1906, in Liber 131 of Deeds at Page 522. Conveyance made by Township of Richland, dated September 28, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 497. Conveyance made by Mattie D. Read, dated October 12, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 499. Conveyance made by G. M. Evers and Lucinda Evers, his wife, dated August 15, 1906, and recorded in Kala- mazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 493. 39 Conveyance made by Clarence L. Harvey and Sarah R. Harvey, his wife, dated September 6, 1906, and re- corded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 491. Conveyance made by Julian F. Gilkey, single, dated December 29, 1906, and recorded in Kalamazoo County Register’s office January 7, 1907, in Liber 135 of Deeds at Page 146. Conveyance made by Patrick H. Gilkey and Adella P. Gilkey, his wife, dated September 6, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 490. Conveyance made by James Kirkland and Mary E. Kirkland, his wife, dated December 31, 1906, and recorded in Kalamazoo County Register’s office January 7, 1907, in Liber 135 of Deeds at Page 144. Conveyance made by Emery R. Chadderdon and Hat- tie E. Chadderdon, his wife, dated September 5, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 489. Conveyance made by Leslie F. Miller and Susie M. Miller, his wife, dated August 28, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 498. Conveyance made by Nelson B. Beers, Sr., and Lucy G. Beers, his wife, dated August 22, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 481. Conveyance made by Augustus Van Pratt and Mary Van Pratt, his wife, dated August 28, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 486. Conveyance made by Thomas F. Miller and Mary A. Miller, his wife, dated August 29, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 487. 40 Conveyance made by Florence Hale, dated August 28, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 485. Conveyance made by Arora J. Burrell and Helen D. Burrell, his wife, dated August 28, 1906, and recorded in Kalamazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 486. Conveyance made by H. A. Hale and Florence Hale, his wife, dated August 28, 1906, and recorded in Kala- mazoo County Register’s office December 8, 1906, in Liber 131 of Deeds at Page 484. Conveyance made by Cornelia E. Barber, dated Sep- tember 1, 1906, and recorded in Kalamazoo County Regi- ster’s office December 8, 1906, in Liber 131 of Deeds at Page 488. Conveyance made by Eri G. Hicks and Anna Hicks, his wife, dated August 29, 1906, and recorded in Barry County Register’s office December 8, 1906, in Liber 93 of Deeds at Page 108. Conveyance made by M. P. Bresson and Fannie F. Bresson, his wife, dated August 30, 1906, and recorded in Barry County Register’s office December 8, 1906, in Liber 93 of Deeds at Page 107. Conveyance made by F. O. Rouse and M. J. Rouse, his wife, dated November 3, 1906, and recorded in Barry County Register’s office January 5, 1907, in Liber 93 of Deeds at Page 115. Conveyance made by James A. Burchett and Etha L. Burchett, his wife, dated August 31, 1906, and recorded in Barry County Register’s office December 8, 1906, in Liber 93 of Deeds at Page 107 and 108. Conveyance made by William H. Grable and Rebecca A. Grable, his wife, dated August 31, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 389. 41 Conveyance made by Ulysses G. Morrell and Ida Mor- rell, his wife, dated August 30, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 377. Conveyance made by Eugene E. Morrell and Mary A. Morrell, his wife, dated August 31, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 375. Conveyance made by Wm. Honeysett and Harriet Honeysett, his wife, dated September 1, 1906, and re- corded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 381. Conveyance made by School District Number 3, Gun- plains Township, dated October 3, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 378. Conveyance made by Marcia Luella Keiser, dated September 3, 1906, and recorded in Allegan County Reg- ister’s office December 8, 1906, in Liber 158 of Deeds at Page 379. Conveyance made by Malinda Keiser, dated August 30, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 380. Conveyance made by Georgia A. Snyder, dated Aug- ust 30, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 380. Conveyance made by Dexter Harrington and Freda Harrington, his wife, and Daniel Harrington, single, dated August 30, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 390. Conveyance made by Jennett Smith, dated August 31, 1906, and recorded in Allegan County Register ’s office December 8, 1906, in Liber 158 of Deeds at Page 382. 42 Conveyance made by Frank H. Hoyt and Marion H. Hoyt, bis wife, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 382. Conveyance made by Mary E. L. Bliss, dated August 31, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 384. Conveyance made by Charles W. Smith and Jennett Smith, his wife, dated September 8, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 384. Conveyance made by Emma Munn, dated October 4, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 383. Conveyance made by William De Lano and Mary De Lano, his wife, dated October 6, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 386. Conveyance made by Walter W. Woodhams and Mary L. Woodhams, his wife, dated October 10, 1906, and re- corded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 386. Conveyance made by Edward Gray and Ann Gray, his wife, and Walter W. Woodhams and Mary L. Wood- hams, his wife, dated October 6, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 387. Conveyance made by Ulric G. Brown and Cora M. Brown, his wife, dated October 4, 1906, and recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 385. Conveyance made by Frank W. Hall and Alice E. Hall, his wife, dated September 22, 1906, and recorded in Alle- gan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 388. Conveyance made by Wm. E. Thompson and Agnes E. Thompson, his wife, dated September 21, 1906, and 43 recorded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 390. Conveyance made by John N. Wheater and Elizabeth T. Wheater, his wife, dated September 7, 1906, and re- corded in Allegan County Register’s office December 8, 1906, in Liber 158 of Deeds at Page 376. Conveyance made by McCuen-Reynolds Company, dated August 4, 1914, and recorded in Jackson County Register’s office November 16, 1914, in Liber 221 of Deeds at Pages 96 and 97. Conveyance made by McCuen-Reynolds Company da- ted August 4, 1914, and recorded in Jackson County Reg- ister’s office November 16, 1914, in Liber 221 of Deeds at Pages 97 and 98. A complete electric distribution line extending from the village of Parma, in Jackson County, Michigan, to the village of Concord, in said Jack- son County, Michigan, including masts, towers, poles, cross-arms, insulators, cables, wires and other high tension apparatus and appliances; also all lands, prem- ises, easements, rights of way, franchises, grants, leases, permits, licenses, privileges, and other rights used, useful, or convenient in connection with said electric transmis- sion line, as acquired by and granted to the Common- wealth Power Company by deeds, grants or other convey- ances as appear of record in the office of the Register of Deeds of said J ackson County, Michigan, to which record reference is hereby made for greater certainty. A complete electric distribution line extending from the steam plant in the city of Jackson, in Jackson County, Michigan, to the property of the Greenville Gravel Company on Section thirty- one (31), Township three (3) South, Range one (1) East, including masts, towers, poles, cross-arms, in- sulators, cables, wires and other high tension apparatus and appliances ; also all lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privi- leges, and other rights used, useful or convenient in con- nection with said electric transmission line, as acquired by and granted to the Commonwealth Power Company by deeds, grants or other conveyances as appear of record in the Office of the Register of Deeds of said Jackson County, Michigan, to which record reference is hereby made for greater certainty. A complete electric distribution line extending from the steam plant in the city of Jackson, in Jackson County, Michigan, to the County Farm of said Jackson County, located on Section nine- teen (19), Township two (2) South, Range one (1) West, including masts, towers, poles, cross-arms, insula- tors, cables, wires and other high tension apparatus and appliances; also all lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privi- leges, and other rights used, useful, or convenient in con- nection with said electric transmission line, as acquired by and granted to the Commonwealth Power Company by deeds, grants or other conveyances as appear of record in the Office of the Register of Deeds of said Jackson County, Michigan, to which record reference is hereby made for greater certainty. A complete electric transmission line extending from the steam plant in the city of Jackson, in Jackson County, Michigan, to the plant of the Michigan Portland Cement Company, located on Section four (4), Township two (2) South, Range four (4) East, including masts, towers, poles, cross-arms, in- sulators, cables, wires and other high tension apparatus and appliances ; also all lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privi- leges, and other rights used, useful, or convenient in con- nection with said electric transmission line, as acquired by and granted to the Commonwealth Power Company by deeds, grants or other conveyances as appear of record in the Offices of the Registers of Deeds of the Counties of Jackson and Washtenaw, Michigan, to which record refer- ence is hereby made for greater certainty. 45 A complete electric transmission line extending from the city of Jackson, Jackson County, Michi- gan, to the Webber Dam, so-called, located in Lyons Township, Ionia County, Michigan, including masts, towers, poles, cross-arms, insulators, cables, wires and other high tension apparatus and appliances; also all lands, premises, easements, rights of way, fran- chises, grants, leases, permits, licenses, privileges, and other rights used, useful, or convenient in connection with said electric transmission line, as acquired by and granted to the Commonwealth Power Company by deeds, grants or other conveyances as appear of record in the Offices of the Registers of Deeds of Jackson, Ingham, Eaton, Clinton and Ionia Counties, Michigan, to which records reference is hereby made for greater certainty. The north half (y 2 ) of that part of the southeast quar- ter (44) of Section Three (3) lying west of the Kalama- zoo River, containing about thirty -five (35) acres of land, and being all of the west half (y 2 ) of said southeast quarter (44) of Section Three (3) west of the Kalama- zoo River; Also that part of the northeast quarter (44) of Sec- tion Three (3) lying south and west of the Kalamazoo River, said parcel being bounded on the south by the east and west quarter line and on the west by the north and south quarter line of said Section Three (3) ; Also two (2) acres of land in the northeast quarter (44) °f Section Three (3) described as follows: Com- mencing at a stake at the northwest corner of the south half (y 2 ) of the northeast quarter (44) of Section Three (3), thence south on the. west line of said description to the Kalamazoo River, thence in a southeasterly direction along the bank of said river, thence north to the north line of said description, thence west to place of beginning. Excepting, however, certain timber rights and a right of way to the water of the Kalamazoo River over so much of said last described two acre parcel as shall not hereafter be flowed by the Commonwealth Power Com- 46 pany or its assigns, reserved by Daniel W. Bowler and Emma F. Bowler, his wife in their deed to Commonwealth Power Company dated May 25, 1912. Also that part of the east half (%) of the southeast quarter (%) of Section Thirty-four (34) lying north of the Kalamazoo Road; and that part of the southwest quarter (%) of the southwest quarter (%) of Section Thirty-five (35) lying north of the Kalamazoo Road; all in Town Two (2) North of Range Thirteen (13) West, Allegan County, Michigan, containing sixty-one and fifty hundredths (61.50) acres. Commencing at a point eight rods east of the east line of Jackson Street in the city of Jackson at the northeast corner of Lot Three (3) in Block Five (5) North of Range One (1) East in said city of Jackson, thence south parallel with the east line of Jackson Street eighty-eight (88) feet; thence east to the westerly line of Lot Thirteen (13) of the Prison Reserve, so called; thence northerly on said westerly line of said Lot Thir- teen (13) to a point directly east of said starting point; thence west to the place of beginning. Hereby intending to convey all the land east of the said Lot Three (3) and the north one-third of Lot Two (2) in the same Block conveyed to Zina Allen by George W. M. Shearer and wife by deed recorded in Liber 76 of Deeds on page 600, and by Peter Standish and wife by deed recorded in Li- ber 98 of Deeds on Pages 455 and 456 and not heretofore conveyed to the Jackson Lansing & Saginaw Railroad Company. The south nine (9) feet of the north one-third of Lot Two (2) in Block Five (5) North of Range One (1) East in said city of Jackson. Eighteen (18) acres of land off of the east side of the following pieces or parcels of land, to wit: — The east half of the west eighty acres of the north fraction of Sec- tion number twenty-five (25) the same as deeded by Zach- ariah Grinnells to Marcus L. McCrumb. Also twenty- eight (28) acres bounded east of the west eighty acres of the north fraction of Section twenty-five (25) it being all 4:7 of said fraction east of the west eighty acres except twen- ty-four (24) acres off the extreme end thereof deeded by Zachariah Grinnells to Lafayette Selden and also ex- cept ten acres off the west side previously deeded by said McCrumb to Chas. York — All in Township Five (5) Range (5) West and containing eighteen acres of land. Twenty-four (24) acres of land off the east end of the east fifty-two acres of the north fractional half of Section number twenty -five (25) in Township number five (5) north of Range five (5) west, that will be flowed or flooded by the erection of a dam or dams across the Grand River on or below (down stream) from said land to any height desired. Excepting and reserving from the land in this para- graph 4 described the following, viz: all those certain pieces or parcels of land conveyed by the Commonwealth Power Company to Eugene Dibble by deed dated March 25, 1913, and recorded in Allegan County Register’s office April 1, 1913, in Liber 194 of Deeds at Page 67. Also any other parcel that may have been sold and conveyed by the Commonwealth Power Company prior to November 25, 1914. By the descriptions of property in this paragraph 4 contained, whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by reference to deeds or other conveyances to the Commonwealth Power Company and to the records thereof, or otherwise, the Power Company includes, intends to include and does hereby specifically include all the prop- erty of every name and nature described in or covered by the General Mortgage of the Commonwealth Power Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of the following counties in Michigan, viz : Kalamazoo County, February 18, 1911, in Liber 121 of Mortgages, begin- ning at page 235; Allegan County, February 15, 1911, in Liber 116 of Mortgages beginning at page 552; Calhoun 48 County, February 16, 1911, in Liber 150 of mortgages begin- ning at page 568; Eaton County, February 18, 1911, in Liber 107 of Mortgages beginning at page 260; Ionia County, Feb- ruary 17, 1911, in Liber 123 of Mortgages beginning at page 188; Clinton County, February 17, 1911, in Liber 116 of Mortgages beginning at page 1 ; Ingham County, February 17, 1911, in Liber 153 of Mortgages, beginning at page 1; Jack- son County, February 18, 1911, in Liber 159 of Mortgages be- ginning at page 139, and in Washtenaw County, February 18, 1911, in Liber 117 of Mortgages, beginning at page 340, and all property of every name and nature described in or covered by all the several mortgages given by the Commonwealth Power Company to the Harris Trust and Savings Bank, Trus- tee, supplemental to the General Mortgage above described, including such supplemental mortgages dated and recorded as follows, viz. : Dated May 6, 1911, recorded in Ingham County Kegister’s Office May 15, 1911, in Liber 153 of Mortgages, beginning at page 148 ; dated February 28, 1912, covering dis- tribution system in the city of Allegan, Allegan County; dated September 23rd, 1912, covering property in Allegan County; dated September 23rd, 1912, covering property in Ionia County; dated September 23rd, 1912, covering property in the city of Kalamazoo, Kalamazoo County; dated Septem- ber 23rd, 1912, covering lands in Calhoun County; dated March 13, 1913, covering property in Ionia County; dated March 13, 1913, covering property in Calhoun County; dated January 15, 1914, covering property in the city of Jackson, Jackson County; dated January 15, 1914, covering property in Kalamazoo County; dated January 15, 1914, covering prop- erty in the village of Lyons, Ionia County ; and dated Febru- ary 5th, 1914, covering land in Allegan County. All and singular the buildings and structures, dams, reser- voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation ma- chinery, apparatus and equipment, boilers, engines, genera- 49 tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Commonwealth Power Company, whether now owned or hereafter acquired. 5. All the following described pieces and parcels of land, viz : Consumers Power Co. (Mich.) Commencing at a point in the south line of Harris Ave- nue in the city of Charlotte, where the same intersects with the line of the right of way of the Chicago and Grand Trunk Railway Company; thence along the south line of Harris Avenue to a point sixteen (16) rods west of the eighth (north and south) line of Section thirteen (13) Township No. 2, North Range five (5) west to the west line of lands owned by Edward A. Foote ; thence south one hundred and thirty (130) feet ; thence west to the east line of said right of way; thence northeasterly to the place of beginning. Said parcel of land being in Township No. 2, North, Range five (5) West, Eaton County, Michigan; intending to convey hereby all the property, real, personal and mixed formerly belonging to The Charlotte General Electric Company, and acquired by the Consumers Power Company. Commencing one hundred and twenty-six and one-third (126 1/3) feet north of the southwest corner of Section seven (7), town two (2), north of range four (4) west, thence east to a point due north of center line of block five (5), city of Charlotte, thence north seventy-two and one- half (72%) feet, thence west to the west line of Sec- tion, thence south to place of beginning, except the south ten (10) feet in width, also the right of way of Cochrane Avenue. Also commencing at the center of block five (5), east and west, Charlotte, eighty-six feet and four inches (86' 4") north of the south line of section seven (7), town two (2) 50 north of range four (4) west, thence east to Washington Street, thence north one hundred and ten feet and six inches (110' 6"), thence west to the center of block five (5), thence south to beginning. Subject to the right of way of the G. E. V. E. E. and subject to the terms of a lease dated September 1, 1910, between the Eastern Michigan Power Company and the Michigan Central Eailroad Company to the following property, viz : Beginning at a point in the southerly prop- erty line of said Eailroad Company, one hundred seventy- one (171) feet, more or less, easterly, measured along said property line, from its intersection with the east line of Cochrane Street; thence easterly along said property line, twenty (20) feet to a point; thence southeasterly along aforesaid westerly property line, thirty-eight and one-tenth (38.1) feet to a point; thence northwesterly fifty-four and six-tenths (54.6) feet to the point of beginning, containing 256 square feet. Complete distribution lines extending from the city of Charlotte to the city of Eaton Eapids, and also said city of Charlotte to the village of Olivet, including poles, cross- arms, insulators, cables, wires, transformers and other ap- paratus and appliances ; also all lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privileges, and other rights used, useful or convenient in connection with said electric distribution lines, however ac- quired, obtained, or secured, and particularly such as were acquired by and granted to the Consumers Power Company by deeds, grants, or other conveyances, including deed made by Eastern Michigan Power Company dated February 10, 1914, and recorded in Eaton County Eegisters office on Feb- ruary 24, 1914, in Liber 179 of Deeds on Page 113. Commencing at the northwest corner of Lot forty- three (43) of Section five (5) in the village of Shiawassee- town, County of Shiawassee, and State of Michigan, run- ning thence east one hundred and thirty- two (132) feet, thence south to the Shiawassee Eiver, thence in a north- westerly course along the bank of said river to the south- west corner of lot forty-three (43) of said section five (5), thence north to the place of beginning, together with the mill dam and water power. 51 All of lots forty (40), forty-one (41) and forty-two (42) which lie between Shiawassee Avenne and the Shiawassee River at low water mark in section five (5) of the village of Shiawasseetown according to the recorded plat thereof, together with the right of way across lot thirty-nine (39) in said section five (5) for a tail race and across any lands formerly owned by Herbert A. Sprague and Lena E. Sprague in section five (5) for race to carry water from pond or dam adjoining said premises to buildings or ma- chinery on the above described lands, together with the power house, dam and all construction work upon said lands, including the flowage right pertaining to a ten foot dam which is now built and in operation on said property. All that part of the following described land, bounded on the north by land formerly owned by Hiram Spear and land of Earl West, on the east by the Shiawassee River, on the south by land of Frank Whelan and west by the highway, being a part of the south one-half of section number eleven (11), town six (6) north of range three (3) east, and con- taining in all thirty-two (32) acres of land occupied or overflowed by building or raising the dam at Shiawassee- town to a head of fifteen and eighty-two one hundredths (15.82) feet. The north forty (40) feet of the north side of lot seven (7) block eight (8) in the village of Morrice, except the land the village hall occupies, also the privilege of using as a drive-way a strip of land eight (8) feet wide adjoining- said strip of land upon the south. The west fifteen (15) feet of lot number three (3) of block number eight (8) of the original plat of the village of Bancroft. The west thirty (30) feet of lot one (1) block twenty- five (25) of the city of Corunna. Lots one (1), two (2) and three (3) Block one (1) of Keyte’s addition to the city of Owosso. All the estates and properties, real, personal, and mixed, of the Shiawassee Light & Power Company granted and conveyed by deed of said Shiawassee Light & Power Com- pany to the Consumers Power Company (of Michigan), dated February 10, 1911, and recorded in the Register’s 52 office for Sliiawassee County on February 21, 1911, in Liber 127 of Deeds at Pages 455 and 456. Lots seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty- three (23), twenty-four (24), thirty- three (33), thirty-four (34), thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39), forty (40), forty-one (41), forty-two (42), forty-three (43), forty-four (44), forty-five (45), fifty-four (54), fifty-five (55), fifty-six (56), fifty-seven (57), fifty-eight (58) and fifty-nine (59) of Sec- tion four (4), all in the Village of Shiawasseetown, Shia- wassee County, Michigan. All that part of the east part of the southeast fractional quarter ( 14 ) Section eleven (11) Township six (6) North Range three (3) East, and the north part of the northeast quarter (14) of Section fourteen (14) ; land bounded on the north and east by highway, south by land of Whelan, west by river; being twelve and five-tenths (12 5/10) acres. All land bounded north by land of Robert Galloway east by river, south by land of P. C. Carruthers estate, west by highway, in section fourteen (14) being fifty-one (51) acres, all that would be flowed by extending, building and raising the Shiawasseetown dam to a fifteen (15) foot head. All that part of the south half of the north-east quarter of Section fourteen (14), the southeast quarter of Section fourteen (14) east of the Shiawassee River, the west half of the southwest quarter of Section thirteen (13) east of the Shiawassee River, all as would be flowed by extending, building and raising the Shiawasseetown dam to a fifteen (15) foot head. All that part of the northwest quarter of Section twenty-four (24) Township six (6) North, Range three (3) East, east of Shiawassee River as would be flowed by ex- tending, building and raising the Shiawasseetown dam to a fifteen (15) foot head. All land that would be flowed by extending, building and raising the Shiawasseetown dam to a fifteen (15) foot head in the northwest fraction of the northwest quarter of the southeast quarter Section eleven (11) north of land owned by Wallace. 53 All that land bounded on the east and north by thread of Shiawassee River, and on the south by metes and bounds, being all that would be flowed by extending, building and raising the Shiawasseetown dam to a fifteen (15) foot head in the southwest fraction of the southwest quarter of Section thirteen (13) and in the southeast quarter of Sec- tion fourteen (14) and in the southeast quarter of the north- west quarter of Section fourteen (14) all west of Shiawassee River. Perpetual right and easement to maintain a line of poles and wires across the following land : Beginning at a point ten (10) rods east of northwest corner of Lot thir- teen (13), Section five (5), village of Shiawasseetown; thence running in a northeasterly direction following the east bank of Bayou and Shiawassee River as contained in conveyance dated June 22, 1911, given by Emeline Mc- Call to the Consumers Power Company, and recorded in the Register of Deeds office for Shiawassee County on June 26, 1911, in Liber I of Miscellaneous Records on Page 61. By the descriptions of property in this paragraph 5 con- tained whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by reference to deeds or other conveyances to the Consumers Power Com- pany (of Michigan), and to the records thereof, or otherwise, the Power Company includes, intends to include and does hereby specifically include all the property of every name and nature described in or covered by the First Mortgage of the Consumers Power Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of the following counties in Michigan, viz: Eaton County, February 10, 1911, in Liber 107 of Mortgages beginning at page 231 ; Shiawassee County, February 17, 1911, in Liber 122 of Mortgages beginning at page 206; and all property of every name and nature de- scribed in or covered by all the several mortgages given by the Consumers Power Company to the Harris Trust and Sav- ings Bank, Trustee, supplemental to the First Mortgage above 54 Economy Power Company. described including sucli supplemental mortgage dated as follows, viz: December 17, 1912, covering property in Eaton County; February 11, 1914, covering transmission line in Eaton County. All and singular the buildings and structures, dams, reser- voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation machin- ery, apparatus and equipment, boilers, engines, generators, machinery and equipment, motors, electrical transmission and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical apparatus and equipment, overhead and underground construction, con- duits, meters, services, materials and supplies, tools and ap- pliances, furniture and fixtures, and other property used or useful in connection with the business of the Consumers Power Company (of Michigan), whether now owned or hereafter- acquired. 6. All the following described pieces and parcels of land, and all the land acquired by and granted to the Economy Power Company by deeds, grants, or other conveyances made, dated and recorded as follows, viz : Eight (8) run of stone water power furnished by the Allegan Water Power Association by means of its dam and race at the city of Allegan, being the same run of stone conveyed to William M. Eaton by the Allegan Light & Power Company by deed dated September 21, 1911, and recorded in the office of the Register of Deeds of Allegan County September 21, 1911, in Liber 187 of Deeds, at page 608. Also that parcel of land formerly known as the Chaffee Mill property in the city of Allegan, being bounded on the north by the Kalamazoo River, on the east by the west line of the lot sold by Samuel Hubbard to Milo Winslow, later known as the Pike Mill Property, and now the Stratton Brothers Power House, on the south by the race or flume, and on the west by the east line of what was formerly known 55 as the flouring mill property, and now known as the Oliver and Company furniture factory. Also the undivided four twenty-first parts of the unnum- bered lots and of the street marked as Prospect Street on the map of the village of Allegan, which lie between the Kalamazoo River on the north and lots 856, 857, 858 and 859 of the village of Allegan on the south. Also all the water power rights developed by the dam across the Kalamazoo River at the city of Allegan known and designated as ten (10) run of stone water power, such water power to be held in common with the other owners of water power developed by such dam and subject to the regu- lations and restrictions imposed by the original owners in the grant thereof. Together with all the rights in the water power devel- oped by the dam across the Kalamazoo River, and in the said dam and the land on which it stands, and in the aban- doned street and unnumbered lots aforesaid on the south bank of the River, and in lands flowed by said dam, and the right to flow such lands thereby, and in the great flume formerly belonging to the Allegan Light & Power Company and conveyed by said Allegan Light & Power Company to William M. Eaton by deed recorded in the office of the Register of Deeds of Allegan County on the 15th day of September, 1911, in Liber 171 of Deeds, at Page 380, whether such rights be by grant, prescription, possession, adverse possession, occupancy, or otherwise. Beginning at the north quarter post of Section Seven (7), Town Two (2) South, Range Seven (7) West, from which the southwest corner of a house foundation bears north thirteen degrees fifteen minutes (13° 15') west, two hundred six and one-half (206%) links; also a twenty- seven (27) inch elm, south seventy and three-fourths de- grees (70%°) west, fifty-nine and one-fourth (59%) links; also a twelve (12) inch willow, north thirty-nine and three- fourths degrees (39%°) east, one hundred forty-one and three-fourths (141%) links; also twin black ash, south thirteen degrees thirty minutes (13° 30') east, eighty-six (86) links; running thence south fourteen (14) chains forty-six (46) links along the north and south quarter line of said Section to the southeast corner of Lot Thirty- 56 nine (39) of 4 ‘ East Battle Creek,” according to the recorded plat of resnrvey thereof ; thence at an angle to the right of eighty-nine degrees fifty-four minutes (89° 54'), nine and forty-nine hundredths (9.49) chains to the center line of Elm Street; thence at an angle of eighty-eight degrees thirty minutes (88° 30') to the right, along the center line of said street, nine and sixty hundredths (9.60) chains to angle in same on the south bank of the Battle Creek stream; thence at an angle of thirty-three minutes (0° 33') to the left, along the center line of said Elm Street, ninety- one (91) links to the center of said Battle Creek stream; thence northeasterly, along the center of said stream, seven (7) chains, forty-five (45) links, more or less, to the north line of said Section; thence east along said Section line, three (3) chains ninety (90) links, to the place of beginning; excepting and reserving the west two (2) rods (the same being a part of Elm Street) ; being all that part of Lots Thirty-nine (39) and Forty (40) of the recorded plat of “ Resurvey of East Battle Creek” as located by Harlan K. Whitney, Civil Engineer, lying east of Elm Street, and con- taining twelve and sixty-hundredths (12.60) acres, more or less ; Beginning at the north quarter post of said Section seven (7) ; running thence south along the north and south quarter line of said Section, twenty- two (22) chains and three (3) links, to the north line of Harper’s Addition to Battle Creek (being also the north line of Nichols Street) ; thence at right angles to said quarter line easterly along said north line of Nichols Street, three (3) chains eighteen (18) links; thence north parallel with said quarter line, twenty-two (22) chains and one (1) link, to a point on the north line of said Section, from which a twelve (12) inch willow bears north eight degrees (8°) west, seventy-two and three-eighths (72%) links; also a six (6) inch soft maple, south eighty-five degrees thirty minutes (85° 30') east, twenty-two and three-fourths (22%) links distant (said point being also fifteen and one-half (15%) links east at right angles from a north and south fence) ; thence west at an angle of eighty-nine degrees forty-five minutes (89° 45') to the left, along said section line, three (3) 57 chains, eighteen (18) links to the place of beginning, con- taining seven (7) acres of land; Excepting and reserving from the next above de- scribed two parcels of land to the owners of Lot Thirty- eight (38) of the original plat of East Battle Creek and to the owners of the premises to the east of and immedi- ately adjoining the land hereby conveyed and as appurte- nant to said Lot Thirty-eight (38) and said premises ad- joining on the east, the right to forever use under reason- able regulations for switching purposes only one railway side track to be built across said land by the owners thereof or by the Michigan Central Railroad Company, or other- wise, where the Power Company directs and parallel with the south line of said Lot Thirty-eight (38). All the rights, powers, premises, and pieces and parcels of land in the city of Battle Creek conveyed to William M. Eaton by The Power Company, Limited, a lim- ited partnership association, by deed dated the 16th day of March, 1911, and recorded in the office of the Register of Deeds of Calhoun County on the 7th day of November, 1911, in Liber 229 of Deeds at Page 249, and following. All those rights in water power in the city of Battle Creek, Calhoun County, Michigan, and interests in land in and near said city of Battle Creek described as follows : The right of taking and using from the Battle Creek Mill Canal so much water as shall be equal to a column of water of the size of one hundred and seventy-six (176) square inches under a pressure of ten feet, to be taken from said canal and employed at any point along said canal: Also the right of taking and using sufficient water from said canal to propel one run of mill stones of the diameter of four feet and eight inches, for flouring with the requisite machinery, the same being the first right of the use of water in connection with the right of use for seven other run of mill stones for flouring, each of the same diameter with the requisite machinery: Also the right of taking and using from said canal so much of the water flowing therein as will be sufficient to propel one run of mill stones for flouring of four feet eight inches in diameter with the requisite machinery, after suffi- 58 cient water be drawn from said canal to propel sixteen and one-half (16%) run of stones for flouring of the diameter last aforesaid, with the requisite machinery; the said six- teen and one-half (16%) run of stone being entitled to be served with water from said canal in preference to the last mentioned run and to the exclusion thereof, if neces- sary, excepting and reserving from the above rights of using water from said Battle Creek Mill Canal, the right of taking and using sufficient water from said canal to propel one- half of one run of mill stones of the diameter of four feet and eight inches conveyed by William Wallace to John Nichols, David Shepard, and Charles Shepard, on or about the first day of January, 1850, to be used on Lot number thirty-five (35), Range of Blocks number two (2) in said city of Battle Creek; together with a proportionate interest in the dam across the Kalamazoo River on Section twelve (12), Town two (2) South, Range eight (8) West, and the land on which it stands, and in all the land on sections twelve (12) and thirteen (13) in said Township, which can be flowed by a dam twelve feet high at the site of said dam, and in the right to flow all the land that can be flowed on Section eighteen (18) in said Township by such a dam, and in the strip of land seven rods wide embracing the Bat- tle Creek Mill Canal, and extending from the southwesterly line of the village plat (being eight (8) rods southwesterly of and parallel with Jackson Street) to the head of the canal. Intending hereby to convey the same rights and premises conveyed to William M. Eaton by Martha B. War- den, in her own right and as guardian of Helen Luana Caldwell and Cholett B. Caldwell, by deed dated June 15th, 1912, and recorded in the office of the Register of Deeds of Calhoun County, Michigan, in Book 232 of Deeds on Page 211. So much of that parcel of land described as a strip of land twenty-three (23) links in width off the north- westerly side of lot number ninety- three (93) and so much of lot number ninety-two (92) as lies southwesterly of a line commencing on the southwesterly side of Jackson Street two hundred fifty-one and twenty-seven hundredths (251.27) feet measured along Jackson Street north- westerly from the northwesterly line of Jefferson Avenue 59 South, all in Range of Blocks number two (2) ac- cording to the map of the village of Battle Creek, and be- ing the same land set over to Emily K. Taft by Commis- sioners in partition in the estate of Richmond Kingman, and conveyed to said Emily K. Taft by Howard R. King- man, Executor and Trustee, and Brainard T. Skinner, Ad- ministrator with the Will annexed of Richmond Kingman, deceased, by deed dated July 3rd, 1906, and recorded Sep- tember 27th, 1906, in Book 199 of Deeds, page 167, as lies southwesterly of a line parallel with Jackson Street, and distant one hundred eight (108) feet southwesterly from the southwesterly side of said Jackson- Street; Reserving to Emily K. Taft a right of way along a strip of land eight (8) feet wide off of the northeasterly end of the land conveyed and conveying a right of way over a strip of land eight (8) feet wide off of the south- westerly end of that remaining to the said Emily K. Taft in deed dated July 16tli, 1912, and recorded in Calhoun County Register of Deeds office on July 19th, 1912, in Liber 237 of Deeds on page 199, which together make a strip of land sixteen (16) feet in width— the center of which is said line parallel with and one hundred eight (108) feet distant from Jackson Street. Said strip of land six- teen (16) feet in width to be used in common by William M. Eaton and Emily K. Taft, their respective heirs and as- signs forever, for access to their respective premises and to be kept open and unencumbered with any building or other structure or things which will prevent passage over the same on foot or with vehicles ; being the same premises conveyed to William M. Eaton by Clyde J. Holmes and Dora V. Holmes, his wife, by deed dated August 5, 1912, and recorded in the office of the Register of Deeds of Cal- houn County, Michigan, in Book 236 of Deeds, on Page 46. A strip of land eight (8) feet wide by one hundred eight (108) feet long as follows; Beginning on the south- westerly line of Jackson Street at a point distant two hun- dred fifty-one and twenty-nine hundredths (251.29) feet northwesterly along same from the northwesterly line of Jefferson Avenue South, said point being marked by an iron stake; running thence southwesterly along the north- westerly line of the Taft property, and at right angles to 60 Jackson Street, one hundred eight (108) feet; thence northwesterly parallel with Jackson Street eight (8) feet; thence northeasterly at right angles to Jackson Street one hundred eight (108) feet to said street line; thence south- easterly along the same eight (8) feet to the place of be- ginning. Beginning on the center line of a railway spur track at a point one hundred eight (108) feet distant south- westerly at right angles from a point on the southwesterly line of Jackson Street, three hundred ninety and nine- teen hundredths (390.19) feet distant northwesterly along said street line from the northwesterly line of Jefferson Avenue South; running thence southeasterly parallel with Jackson Street one hundred thirty-eight and nine-tenths (138.9) feet to the southerly corner of said land in the next preceding paragraph described ; thence southwesterly along northwesterly line of Taft property, and at right angles with Jackson Street, one hundred twenty- seven (127) feet to the center of the Kalamazoo Biver thence northwesterly along the center of said river one hundred fifteen (115) feet, more or less, to the center line of said railway spur track which said line of railway, ex- tended southwesterly, intersects the northeasterly line of Hamblin Avenue at a point distant three hundred six and one-tenth (306.1) feet northwesterly along said street line from the northwesterly line of Jefferson Avenue South; and if extended northeasterly would intersect the southwesterly line of Jackson Street at a point distant four hundred fifteen and twenty-five hundredths (415.25) feet northwes- terly along said street line from said northwesterly line of Jefferson Avenue South; thence northeasterly along said center line of said railway eighty-two (82 > * feet, more or less, to point of curve forty (40) feet south- westerly from place of beginning; thence northeasterly on a curve to the right of six hundred sixty-one and seven- tenths (661.7) feet radius forty (40) feet to the place of beginning, containing fifteen thousand nine hundred nine- ty-four (15,994) square feet of land as computed to the center of said river, reserving, however, a right of way over a strip of land eight (8) feet wide of that conveyed, and conveying a right of way over a strip of land eight (8) feet wide of that remaining to Charles W. 61 Post, making together a strip of land sixteen (16) feet wide, the center line of which begins on Jackson Street at a point eight (8) feet east of said Taft boundary, and ex- tends southwesterly parallel with said Taft boun- dary one hundred eight (108) feet, and thence northwester- ly parallel with Jackson Street to the center of said rail- way spur track. Said strip of land sixteen (16) feet wide to be used in common and forever by Charles W. Post and William M. Eaton, their heirs, successors and assigns, as an alley and for all purposes of ingress and egress for foot passage and with vehicles, and to be forever kept open and unobstructed of any structures or erections which will interfere with such use. Reserving also for- ever the right of way and easment to maintain such railway spur track along said northwesterly boun- dary and conveying like right of way and easement over the premises of Charles W. Post adjoining said railway spur. Conveying also the easement and right forever to maintain such railway as it now exists, from the respec- tive premises of Charles W. Post and William M. Eaton, their heirs, successors and assigns, to its junction with the main line of the railway of the Grand Trunk Western Railway, to the full extent that said Charles W. Post owns or controls the same: To the end that said railway spur track may be forever maintained for the joint use and benefit of the parties, their heirs, successors and assigns, owning said respective parcels; being the same premises conveyed to William M. Eaton by Charles W. Post by deed dated May 15, 1912, and recorded in the office of the Regi- ster of Deeds of Calhoun County, Michigan, in Book 232 of Deeds, on page 215. That parcel of land in the city of Battle Creek and being part of the northwest quarter (NW14) of Section five (5), Town two (2) South, Range seven (7) West, de- scribed as commencing at a point south 39° 16' west (which bearing makes an angle of 39° 2' with the north and south quarter line) six hundred forty-four and nine-tenths (644.9) feet from the north quarter post of said Section five (5) ; running thence south 46° 15' west (in a line parallel with and about twenty-five (25) feet northwesterly of the crest of the present dam, measured at right angles to said crest) G 2 four hundred seventy-eight (478) feet; thence south 4° east two hundred thirty-seven and two-tenths (237.2) feet; thence north 85° 45' east one hundred seventy-one and one- tenth (171.1) feet to the Battle Creek stream; thence north 23° 29' west one hundred eighty-one and three-tenths (181.3) feet, up stream along said creek; thence north 50° 31' east two hundred eighty-seven and five-tenths (287.5) feet; thence north 2° 6' east two hundred five and four-tenths (205.4) feet to the place of beginning, being part of land conveyed to Charles H. May by James E. Botsford and wife by deed dated February 10, 1912, re- corded in Book 229 of Deeds, on page 392, in Calhoun County Register’s Office. All the right to set back and flow with the water of the Battle Creek Stream, lands on Sections twenty-one (21), twenty-eight (28), twenty-nine (29) and thirty-two (32) in Pennfield Township, as reserved by Ezra Convis or acquired by him of Adin Dinsmore, John S. Hol- liday, Avery Lamb, Jabez Lamb, Samuel Convis and others, and all rights of flowage by settling back the water of the Battle Creek Stream by the dam at Verona, which were vested in William Merritt in his lifetime and acquired by him by grant, use or possession. With the right to develop, use and enjoy on said parcel of land, all the water power of the Battle Creek Stream, and to cut off the flow of the water through the race-way or canal, as now existing and to withhold the same from the mill situate south of the land hereby conveyed. Also right of way for ingress and egress over a strip of land described as follows : Beginning at the southwest (SW) corner of parcel of land first above de- scribed, and running thence south ninety-five (95) feet, more or less, to the north line of Emmett Street; thence west on Emmett Street twenty (20) feet; thence north on a line parallel with and fifty-four (54) feet east of west line of the land of said Charles H. May one hundred fifteen (115) feet; thence east to the parcel of land first above described; thence south along the line of that land to place of beginning. Beginning at a point on the easterly line of St. Johns Street in the city of Flint eight hundred (800) feet south- erly from the northwest corner of block thirty-three (33), a o *> Oak Park sub-division of part of sections one (1) and two (2), Smith’s Reservation; running thence easterly at right angles with St. Johns Street to the westerly bank of the Flint River; thence northerly along the westerly bank of Flint River to the northerly line of block thirty-three (33) ; thence westerly along the northerly line of said block thirty- three (33) to the northwest corner of said block thirty- three (33) ; thence southerly along the easterly line of St. Johns Street to place of beginning; together with the ease- ment and right to construct and maintain a side track or spur extending from the side track of the Pere Marquette Railway now located east of the Axle Work’s build- ing on said block thirty- three (33) in a north- easterly direction in a line not less than ninety-three and ninety -five one hundredths (93 95/100) feet from the east line of St. Johns Street and across that part of said block thirty- three (33) lying south of the south line of the above described land; except the easement and right to use and occupy for park, boulevard or street purposes granted by the Eastern Michigan Power Company, a corporation, to the City of Flint, by deed dated the 26th day of October, A. D., 1909, and recorded in Register of Deeds office Genesee County, Michigan, on December 11, 1909, in Book 198 of Deeds at page 91, the piece or parcel of land over which such ease- ment was granted being described in the grant thereof as ; ‘ ‘ Beginning at a monument in the north city limits line sixty-three and three-tenths (63.3) feet easterly of its inter- section with the easterly line of St. Johns Street; thence south fifty-two (52) degrees nineteen (19) minutes west, one hundred and twenty and eight-tenths (120.8) feet to a stake; thence south twenty (20) degrees thirty-nine (39) minutes west, eighty-nine and twenty-five one hundredths (89.25) feet; thence south thirty-six (36) degrees nine (9) minutes west one hundred and fifteen and five one-hun- dredths (115.05) feet; thence south nine (9) degrees forty- two (42) minutes west, two hundred and eighty and eighty- five one hundredths (280.85) feet; thence south one (1) de- gree no (0) minutes west, to a point in the southerly line of property formerly deeded to the Eastern Michigan Power Company by the Durant-Dort Carriage Company; thence 64 south sixty-nine (69) degrees four (4) minutes east, fifty (50) feet along said line to the water’s edge of Flint River at medium low water; thence northerly along said water’s edge to its intersection with the north city limits line; thence north seventy-two (72) degrees nineteen (19) min- utes west, fifty (50) feet along said line to the place of beginning, all in block thirty- three (33) of Oak Park Divi- sion of the city of Flint, Genesee County, Michigan, re- serving all riparian rights to the center of said Flint River, also the right to overhang with necessary wires and go underground with necessary intake and discharge pipes and other pipes.” A strip of land nine and one-half (9y 2 ) feet in width, beginning at a point on the easterly line of St. Johns Street in the city of Flint eight hundred (800) feet south- erly from the northwest corner of Block Thirty-three (33), Oak Park Subdivision of part of Sections One (1) and Two (2) Smith’s Reservation, Genesee County, Michigan, according to the recorded plat thereof ; thence running southerly along said easterly line of St. Johns Street nine and one-half (9%) feet; thence easterly at right angles with said St. Johns Street to the western bank of Flint River; thence northerly along the westerly bank of Flint River nine and one-half (9%) feet; thence westerly at right angles with St. Johns Street to the place of beginning; subject, however, to an easement granted by said East- ern Michigan Power Company to the City of Flint under date of December 7, 1912, to use and occupy for park, boulevard, or street purposes that part of the above prop- erty described as follows: 4 ‘Beginning at a point on the water’s edge of the west side of Flint River at medium low water at right angles with a point on the easterly line of St. Johns Street eight hundred (800) feet southerly and along the easterly line of St. Johns Street from the north- west corner of Block Thirty-three (33) of Oak Park Sub- division of part of Sections One (1) and Two (2), Smith’s. Reservation, Genesee County; running thence westerly in a line at right angles with St. Johns Street fifty (50) feet; thence southerly parallel with St. Johns Street nine and one-half (9%) feet; thence easterly in a line at right angles 65 with St. Johns Street to the water’s edge of Flint river at medium low water; thence northerly along said water’s edge to the place of beginning, all in Block Thirty- three (33) of Oak Park Subdivision of part of Sections One (1) and Two (2), Smith’s Reservation, Genesee County, Michigan.” The southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of section fifteen (15) town twenty-four (24) north, range seven (7) east, except the right reserved by the Iosco Land Company described as follows : ‘ ‘ Reserving to the grantor, its succes- sors and assigns, exclusive and perpetual right to flow over and upon so much of the said northwest quarter of the south- east quarter of Section fifteen (15) township twenty -four (24) north, range seven (7) east with the waters of and in the Au Sable River and from any and all of its tributaries as may be flowed by the erection and maintenance of a dam thirty-five (35) feet or thereabouts in height above the mean low water mark in said river across said river at a point on said river within forty (40) rods of where it crosses the line between sections thirty-four (34) and thirty-five (35) township twenty-four (24) north, Range eight (8) east, provided such flow will not raise the water in the Au Sable River immediately below the dam now located on the lands hereby conveyed above its natural state, or in any manner or to any extent decrease the fall of the water in said river over said last mentioned dam. ’ ’ The southwest quarter of the southeast quarter, and the southeast quarter of the southwest quarter of Section Twenty-three (23) of Township Twenty-four (24) North. Range Six (6) East, excepting the exclusive and perpetual right to flow over and upon so much of said land with the waters of and in the Au Sable River and from any and all of its tributaries as may be flowed by the erection and maintenance of a dam across the Au Sable River at as near right angles to the thread thereof as may be practi- cable, the center of the dam, measuring up and down stream, to be at a point in the middle of the main channel of the stream within thirty (30) rods of where the Au Sable River crosses the north and south center line of the northwest quarter of the southeast quarter of Section Fif- teen (15), Township Twenty-four (24) North, Range Seven 66 (7) East, provided sncli flow will not raise the water in the Au Sable River immediately below the dam now located on the lands hereby conveyed above its natural state, or in any manner or to any extent decrease the fall of the water in said River over said last mentioned dam. The northeast quarter (NE*4) of the northwest quarter (NW 1 ^) and the west half (W%) of the north- west quarter (NWy 4 ) of Section twenty-one (21) in Town- ship twenty-four (24) North of Range six (6) East; ex- cepting the exclusive and perpetual right to flow over and upon so much of said land with the waters of and in the Au Sable River and from any and all of its tributaries as may be flowed by the erection and maintenance of a dam across the Au Sable River at as near right angles to the thread thereof as may be practicable, the center of the dam, measuring up and down stream, to be at a point in the middle of the main channel of the stream within thirty- two (32) rods of where the Au Sable River crosses the east line of the southeast quarter (SE^4) of the southwest quarter (SW 1 ^) of Section twenty-three (23), Township twenty-four (24) North, Range six (6) East, Provided such flow will not raise the water in the Au Sable River immediately below the dam now located on the lands here- by conveyed above its natural state or in any manner or to any extent decrease the fall of the water in said river over said last mentioned dam. Lots two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9) and ten (10). A strip of land one (1) rod long north and south oft the north end of the east half (E%) of Lot (1), and a strip of land twenty-seven (27) feet in length north and south off the north end of the west one-half (W%) of lot one (1). Lot “N”, except seven (7) rods north and south off the south end. All on Harris plat of Union Addition to the city of Kalamazoo. Also all the right, title and interest of the Power Com- pany in and to a strip of land lying north of said lots six (6), seven (7), eight (8), nine (9) and ten (10) as shown on said Harris plat and south of the Michigan Cen- tral Railroad. 67 Also all the right, title and interest of the Power Company in and to the strip of land, if any, between said lot “N” and the right of way of the Michigan Central Railroad. Also part of the northeast fraction of Section fifteen (15) Town two (2) South, Range eleven (11) West, boun- ded on the north by the right of way of the Michigan Cen- tral Railroad, on the west by the Kalamazoo River, on the south by an artificial channel cut for said river and on the east by said Harris plat of Union Addition, and being marked “A” on said plat. An irregular piece of land in the city of Pontiac on Outlot nineteen (19) of the northeast quarter of section thirty-two (32), town three (3) north, range ten (10) east, bounded northeast and east by the southwesterly line of the right of way of the Detroit, Grand Haven & Milwaukee Railway Company and the section line between sections thirty- two (32) and thirty- three (33) of said town and range ; and on the southwesterly side by the Franklin Road, as the same is now laid out. Part of the southwest quarter of section thirty-three (33), in town three (3) north, range ten (10) east, bounded north by the east and w^est quarter line of said section thirty-three (33), west by the easterly line of the Frank- lin Road ; and southeasterly by the northerly line of Rapid Street and the northerly line of Rapid Street as now ex- tended. All that part of the west half (y 2 ) of the northwest quarter (^4) of section thirty-three (33) in town three (3) north, range ten (10) east, which lies west of the center line of the Detroit, Grand Haven & Milwaukee Railwa 7 ~ (excepting the right said railway has for running its road on part of said land, and the right of a highway on the west side of said land.) Also the right jointly with the General Motors Com- pany of Michigan to construct, lay, maintain, and use water and sewer crock or pipes in, along, and through the alley on the northerly side of Pulford’s Addition from the intersection of said alley with Franklin Road in a southwesterly direction to Clinton River. All the right, title and interest in and to a cer- 68 tain contract or agreement dated July 1, 1913 between Grand Rapids Railway Company, a corporation created and existing under the laws of the State of Michigan and the Economy Power Company, for the purchase of cer- tain property in the city of Grand Rapids hereinafter de- scribed, viz : Parcel No. 1: Commencing at a point on the southerly line of South Market St., which when measured at a right angle to the west line of Oakland Ave., is 250 feet west therefrom; thence south parallel to the west line of Oakland Ave., 512% feet more or less, to the north- erly line of the right of way of the G.R. & I.R.R. ; thence southwesterly and southerly along the northerly line of said right of way of the G.R. & I.R.R., and the P.M.R.R. to a point on the northerly line of said right of way, which when measured at right angles to the west line of said Oakland Ave. is 470 feet west therefrom; thence north parallel to the west line of said Oakland Ave. 486-6/10 feet more or less, to the said southerly line of South Mar- ket St. thence along said southerly line of South Market St. to place of beginning. Also an easement at the southwest corner of above as follows : Commencing at a point on the said north- erly line of the right of way of the P.M.R.R., which when measured at a right angle to the west line of Oakland Ave. is 470 feet therefrom; thence north parallel to the west line of said Oakland Ave. 14 feet; thence in a south- westerly direction to a point on said northerly line of right of way which is 23-17/100 feet westerly from place of beginning; thence northeasterly along said north- erly line of right of way 23-17/100 feet to place of begin- ning. Also an easement: Commencing at a point on the northerly line of the right of way of the G. R. & I. R. R. which is 250 feet west of the west line of Oakland Ave., thence north parallel to the west line of Oakland Ave. 25 feet ; thence easterly at right angles to said last mentioned line to the northerly line of said right of way ; thence south- westerly along said northerly line of said right of way to place of beginning. Parcel No. 2: (west of Market St.) Commencing on the westerly line of South Market St. 583 feet south- 69 westerly from intersection of said westerly line of Sontli Market St., and the center line of Wealthy Ave., thence northwesterly at right angles to the westerly line of South Market St. to the Dock Line of Grand River, thence south- westerly along said Dock Line to a point 40 feet from and at right angles to the last described line; thence southeasterly parallel with and 40 feet from first described course, to the westerly line of South Market St., thence northeasterly along South Market Street, to place of beginning, with all riparian rights appurtenant to said premises, reserving an easement for alley purposes on a strip of land 15 feet wide, parallel to said Market Street, the easterly line of which strip is 75 feet west from west- erly line of South Market Street. Also an easement : Commencing 124% feet north- westerly from and at right angles to a point on the west- erly line of South Market St. which is 623 feet southwest- erly from the intersection of said westerly line of South Market St. and the center line of Wealthy Ave. ; thence southwesterly parallel to the Harbor Line of Grand River 3 feet; thence northwesterly parallel to the injection pipe 15-3/10 feet to the Harbor Line; thence along said Harbor Line 5 feet; thence southeasterly to place of beginning, excepting and reserving from the land in this para- graph described, the following: Commencing at a point on the northerly line of the right of way of the Pere Mar- quette Railroad which, when measured at right angles to the west line of Oakland Avenue, is four hundred seventy (470) feet west therefrom; thence north parallel to said west line of Oakland Avenue to a point which, when mea- sured at right angles to the northerly line of the Pere Marquette Railroad right of way, is twelve (12) feet there- from; thence northeasterly parallel to the right of way of the Pere Marquette Railroad and twelve (12) feet there- from to the intersection of the right of way of the Grand Rapids and Indiana Railroad; thence southerly along the right of way of the Grand Rapids and Indiana Railroad to the right of way of the Pere Marquette Railroad ; thence southwesterly along the right of way of the Pere Mar- quette Railroad to the place of beginning. Reserving, however, the right to lay, use and 70 maintain, Forever, railroad tracks across said above de- scribed land at any point, in a northerly and southerly direction. Part of the east half (E%) of northwest quarter (N.W. %) of Section thirty-six (36), Township seven (7) North, Range twelve (12) West, described as follows: A strip of land which shall in no event exceed twelve (12) feet in width north and south, and the southerly boun- dary of said strip shall be the northerly line of the rights of way of the Grand Rapids and Indiana Railroad Company extended in a southwesterly direction and par- allel to the northerly line of the right of way of the Pere Marquette Railroad Company, across the property de- scribed in paragraph numbered one (1) in a deed dated July 30, 1900, given by Sarah A. White and Georgianna R. Judd to the Grand Rapids Railway Company, and record- ed in the Register’s Office for the County of Kent and State of Michigan, on August 14, 1900, in Liber 296 of Deeds at Pages 35, 36, 37, 38 and 39, and being the land reserved in paragraph numbered one (1) of said above described deed. By the descriptions of property in this paragraph 6 contained whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by reference to deeds or other conveyances to the Economy Power Company and to the records thereof, or otherwise, the Power Company includes, intends to include and does hereby specifically include all the property of every name and nature described in or covered by the First Mortgage of the Economy Power Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of the following counties in Michigan, viz: Allegan County, May 20, 1913, in Liber 125 of Mortgages, beginning on page 132; Calhoun County, May 19, 1913, in Liber 161 of Mortgages beginning on page 4; Genesee County, February 17, 1911, in Liber 166 of Mortgages, beginning on page 113; Iosco County, February 17, 1911, in Liber 17 of Mortgages, beginning on page 425; 71 Kalamazoo County, February 17, 1911, in Liber 121 of Mort- gages, beginning on page 208 ; and in Oakland County May 23, 1913, in Liber 207 of Mortgages, beginning on page 26, and all property of every name and nature described in or covered by all the several mortgages given by the Econo- my Power Company to the Harris Trust and Savings Bank, Trustee, supplemental to the First Mortgage above described, including such supplemental mortgages dated and recorded as follows, viz: Dated March 2, 1912, covering land in Oak- land County; dated March 2, 1912, recorded in Calhoun County Register’s Office May 19, 1913, in Liber 159 of Mort- gages, beginning on page 202 ; dated March 2, 1912, recorded in Allegan County Register’s Office May 20, 1913; dated De- cember 17, 1912, recorded in Iosco County Register’s Office ; dated December 17, 1912, recorded in Calhoun County Register’s Office May 19, 1913, in Liber 159 of Mortgages, beginning on page 199; dated December 17, 1912, recorded in Calhoun County Register’s Office May 19, 1913 in Liber 159 of Mortgages, beginning on page 196; dated June 18, 1913, recorded in Iosco County Register’s Office August 22nd, 1913 in Liber 17 of Mortgages, beginning on page 626; and dated June 18, 1913, recorded in Calhoun County Register’s Office August 5, 1913 in Liber 161 of Mort- gages, beginning on page 49. All and singular the buildings and structures, dams, reser- voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation machin- ery, apparatus and equipment, boilers, engines, generators, machinery and equipment, motors, electrical transmission and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical apparatus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in 72 Flint Electric Company. connection with the business of the Economy Power Com- pany, whether now owned or hereafter acquired 7. All the following described pieces and parcels of land, viz : All of Lot three (3), the South half (S y 2 ) of Lot four (4) and the South half (S%) of Lot nine (9) lying west- erly of the Pere Marquette Railroad, and that portion of Lots ten (10) and eleven (11) lying westerly of said Pere Marquette Railroad, also all that part of Lots one (1) and two (2) lying easterly of a line running parallel with North Saginaw Street and distant ninety feet therefrom, except- ing the right given to Joseph Walsh and his heirs and as- signs to use a parallel strip of land twelve (12) feet wide lying next easterly of said ninety (90) foot line. All on Block fifteen (15) village of Grand Traverse, now first ward, city of Flint. By the descriptions of property in this paragraph 7 contained, whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by reference to deeds or other conveyances to the Flint Electric Company and to the records there- of, or otherwise, the Power Company includes, intends to include, and does hereby specifically include, all the property of every name and nature described in or covered by the First Mortgage of the Flint Electric Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of Genesee County, Michigan, on the lltli day of February, 1911, in Liber 166 of Mortgages, beginning on page 101. All and singular the buildings and structures, dams, res- ervoirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation machin- ery, apparatus and equipment, boilers, engines, generators, machinery and equipment, motors, electrical transmission and distribution systems and lines, telephone systems and lines, 73 towers, masts, poles, wires, lamps, electrical apparatus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Flint Electric Company, whether now owned or hereafter acquired. 8. All the following described pieces and parcels of land, and all the land acquired by and granted to the Grand Rapids- Muskegon Power Company by conveyances made, dated and recorded as follows, viz: Conveyance made by Muskegon Realty Company, a corporation organized under the laws of the State of Mich- igan, dated June 26, 1905, and recorded in Mecosta County Register’s office September 9, 1905, in Liber 87 of Deeds at Pages 255-259 inc. Conveyance made by Muskegon Realty Company, a corporation organized under the laws of the State of Michi- gan, dated November 21, 1914, conveying the use and right to flow over and upon that part of Lot 2, Section 14, lying east of the Grand Rapids and Big Rapids State Road and that part of Lot 3 of Section 14 lying west of the Grand Rapids and Big Rapids State road, all in Township 14 North, Range 10 West. West fractional half of southwest quarter or Lot 1, Section 31, Township 15 North, Range 9 West, east of Mus- kegon River. Island in Muskegon River located and extending across the quarter line of Section 11, Township 14 North, Range 10 West, and situated in the northeast quarter of southwest quarter and southeast quarter of northwest quarter of said Section 11. The south half of Lot 15, Block 24, origi- nal plat of the city of Big Rapids, Michigan. Conveyance made by Muskegon Realty Company, a Michigan corporation, dated May 15, 1907, and recorded in Newaygo County Register’s office August 17, 1907, in Liber 95 of Deeds at Page 54. Grand Rapids Edison Co.— Grand Rapids- Muskegon Power Co. 74 Descriptions covered by conveyance made by John F. Gauweiler and Minerva Gauweiler, his wife, dated May 15, 1901, and recorded in Newaygo County Register’s office May 17, 1901, in Liber 78 of Deeds at Page 135. Conveyance made by Muskegon River Water Power Company, a Michigan corporation, dated August 23, 1906. and recorded in Newaygo County Register’s office August 27, 1906, in Liber 85 of Deeds at Page 374. Conveyance made by Muskegon Realty Company, a Michigan corporation, dated May 15, 1907, and recorded in Newaygo County Register ’s office August 17th, 1907, in Liber 85 of Deeds at Page 592, including fractional south- west quarter on left bank of Muskegon River descending- on Section five (5), Township twelve (12) North, Range eleven (11) West. Conveyance made by John I. Forbes and Pearl M. Forbes, his wife, dated December 29, 1909, and recorded in Kent County Register ’s office December 29, 1909, in Li- ber 381 of Deeds at Page 285. Conveyance made by Gerrit J. Kollen, et al., dated January 8, 1906, and recorded in Kent County Register’s office February 20, 1906, in Liber 311 of Deeds at Pages 600, 601, 602, and 603. Conveyance made by Gerrit J. Kollen, et al., dated May 10, 1910, and recorded in Kent County Register’s office May 28, 1910, in Liber 379 of Deeds at Pages 246 and 247. Conveyance made by Michigan Railway Engineering Company, a Michigan corporation, dated March 13, 1914, and recorded in Kent County Register ’s office March 24, 1914, in Liber 420 of Deeds at Page 360. Conveyance made by Moses Taggart and Elizabeth G. Taggart, his wife, and C. Van Cleve Ganson and Cora B. Ganson, his wife, dated June 7, 1906, and recorded in Kent County Register’s office June 13, 1906, in Liber 336 of Deeds at Page 572. Conveyance made by Converse & Chick, dated January 75 10, 1910, and recorded in Kent County Register’s office January 27, 1910, in Liber 379 of Deeds at Page 137. Conveyance made by Arthur L. Watkins and Grace E. Watkins, his wife, dated March 30, 1914, and recorded in the Newaygo County Register of Deeds Office November 11, 1914, in Liber 59 of Deeds on Page 410. Conveyance made by the Estate of Wiliam T. Powers dated March 1, 1910, and recorded in Kent County Regis- ter’s office March 25, 1910, in Liber 327 of Deeds at Page 489. Conveyance made by Charles W. Haines and Ella M. Haines, his wife, dated December 4, 1905, and recorded in Kent County Register ’s office December 13, 1905, in Liber 341 of Deeds at Page 217. Conveyance made by J ohn Vinkemulder and Mary Vinkemulder, his wife, dated September 20, 1907, and re- corded in Kent County Register ’s office, September 21, 1907, in Liber 361 of Deeds at Page 337. Conveyance made by Thomas Hume, et al., dated Octo- ber 27, 1905, and recorded in Muskegon County Register’s office January 2, 1906, in Liber 119 of Deeds at Pages 460 and 461. Conveyance made by Eastern Michigan Power Com- pany, dated March 3, 1913, and recorded in Muskegon Coun- ty Register’s office March 25, 1913, in Liber 153 of Deeds at Page 545. Lot seven in Block 557, Revised Plat of the city of Muskegon, which premises were heretofore known as Lot nine in Block 4, Stimson’s Subdivision of the city of Mus- kegon according to the recorded plat thereof. Also the electrical transmission lines including masts, towers, poles, crossarms, insulators, cables, wires, trans- formers and other apparatus and appliances, also all lands, premises, easements, rights of way, franchises, grants, leases, permits, licenses, privileges and other rights used, useful or convenient in connection with said electric trans- mission lines, however and whensoever acquired, obtained 76 or secured and particularly such as were acquired by deeds, grants, or other conveyances recorded in the Register of Deeds Office of the respective counties in which the proper- ties are located, to which reference is hereby made for greater certainty, viz: Commencing at the switchboard connected with the Rogers Dam on the north half of the northwest quarter of Section fourteen (14) Township fourteen (14) north Range ten (10) west in Mecosta County, and running thence north and west to the southwest corner of the northwest quarter of the southwest quarter of Section eleven (11), thence north on the west side of the northwest quarter of the southwest quarter to the quarter post between Sec- tions ten (10) and eleven (11), thence north on the east side of Section ten (10) and three (3) to the north township line of Mecosta Township on the south township line of Big Rapids, Township fifteen (15) north Range ten (10) west, thence north on the east side of Sections thirty- four (34), twenty-seven (27) and the east half of the south half of Section twenty-two (22), thence north on westerly side through the northwest quarter of Section twenty-three (23) and Lot three (3) Warren Estate Farm Addition, to the city of Big Rapids, thence north in the alley between plat No. 1 Warren & Bronson’s Third Subdivision and or- iginal plat of Big Rapids to the transformer station lo- cated on the south half of Lot fifteen (15) Block twenty- four (24) of the original plat of the city of Big Rapids, Mecosta County. Commencing at the switchboard connected with Rogers Dam, so-called on north half of northwest quarter of Sec- tion fourteen (14) in Township fourteen (14) north range ten (10) west in Mecosta County in the State of Michigan, and running thence in a southerly direction by a curve convex to the East through the east half of the north- west quarter and the west half of the southwest quarter of said Section fourteen (14) to the intersection of the west line thereof with the east line of Grand Rapids & Big Rapids State Road, thence in a southwesterly di- rection on the east side of the Grand Rapids & Big Rapids Road through sections fifteen (15) and twenty-two (22) to the east and west center line of Section twenty-two (22), tlience in a southwesterly direction through the south- west quarter of Section twenty- two (22), Sections twenty- seven (27), twenty-eight (28), thirty-three (33) and thirty- two (32) on the westerly side of said road to the quarter post on the south line of said Section thirty- two (32), continuing thence in a southwesterly direction on the westerly side of said road through Section five (5) to a point at or near the southwest corner of said Section five (5), thence in a southwesterly direction through the north- east quarter of the northeast quarter, the southwest quar- ter of the northeast quarter, the northwest quarter of the southeast quarter and the east half of the south- west quarter of Section seven (7) to a point at or near the southwest corner of the southeast quarter of the south- west quarter of said Section seven (7), thence in a south- westerly direction through the north three-quarters of the west quarter of Section eighteen (18) to a point at or near the southwest corner of the northwest quarter of the south- west quarter of Section eighteen (18) of Township thirteen (13) north Range ten (10) west in said Mecosta County, continuing thence in a southerly direction across the southeast quarter of the southeast quar- ter of Section thirteen (13) and the northwest quarter of the northeast quarter of Section twenty-four (24) and the south half of the northwest quarter of Section twenty-four (24) to a point at or near the west quarter post of said sec- tion twenty-four (24), thence in a southwesterly direction across the northeast quarter of the southeast quarter of Section twenty- three (23) and the southwest quarter of the southeast quarter of said Section twenty-three (23) and the southeast quarter of the southwest quarter of said Section twenty- three (23), thence in a southwesterly direc- tion across the northwest quarter of northwest quarter of Section twenty-six (26), thence in a southwesterly direc- tion across the northeast quarter of the northeast quarter of Section twenty-seven (27), thence southwesterly across the southwest quarter of the northeast quarter of Section twenty-seven (27), the northeast quarter of the southwest quarter and the southwest quarter of the southwest quarter of Section twenty-seven (27) to a point at or near the southwest corner of said Section twenty- 78 seven (27), tlience in a southwesterly direction across the northeast quarter of the northeast quarter, the southeast quarter of the northeast quarter and the west half of the southeast quarter of Section thirty-three (33) to a point at or near the south quarter post of said Section thirty-three (33) in Township thirteen (13) north Range eleven (11) west, continuing thence south along the west side of the northeast quarter of Section four (4) to a point at or near the center of said Section four (4), thence south (S) and southwesterly (SW’ly) of the south- east quarter of said Section four (4), the northwest quarter of the northwest quarter of Section nine (9), the northeast quarter of the northeast quarter and the south- west quarter of the northeast quarter of Section eight (8) to a point at or near the center of said Section eight (8), thence westerly to a point at or near the west quarter post of Section eight (8), thence south along the west side of the west half of the southwest quarter of said Section eight (8) and the west side of the northwest quarter of Section Seventeen (17), thence southwesterly across the northeast quarter of the southeast quarter and the south- west quarter of the southeast quarter of Section eighteen (18), thence southwesterly across the northwest quarter of the northeast quarter and Lots two (2) and one (1) of Sec- tion Nineteen (19) in Township twelve (12) north range eleven (11) west, continuing thence in a southwesterly (SW’ly) direction across Lots seven (7) and eight (8) of Section twenty-four (24) to a point at or near the south quarter post of said Section twenty-four (24), thence south- westerly across the northeast quarter of the northwest quarter and the southwest quarter of the northwest quar- ter of Section twenty-five (25) to a point at or near the west quarter post of said Section twenty-five (25), thence southwesterly across the northeast quarter of the south- east quarter and the southwest quarter of the southeast quarter of Section twenty-six (26), thence southwesterly across the east half of the northwest quarter, the north half of the southwest quarter and the southwest quarter of the southwest quarter of Section Thirty-five (35) to a point at or near the southwest corner of said Section thir- ty-five (35) in Township twelve (12) north Range twelve (12) west, continuing tlience southwesterly across the northeast quarter of the northeast quarter, the southwest quarter of the northeast quarter, the northeast quarter of the southwest quarter and the southwest quarter of the southwest quarter of Section Three (3) to a point at or near the southwest corner of said Section three (3), thence southwesterly across the east half of the northeast quar- ter and the west half of the southeast quarter of Section Nine (9) to a point at or near the south quarter post of said Section nine (9), thence south along the west side of the east half of Sections sixteen and twenty-one (16 and 21) and the west * side of the northeast quarter of Section twenty-eight (28), thence southerly along the east side of the southwest quarter of Section Twenty- eight (28) and the west half of Section Thirty- three (33) Township Eleven (11) north Range twelve (12) west Newaygo County, Michigan, continuing thence south along the easterly side of Section Five (5), thence south along the west side of the northwest quar- ter of the northwest quarter and the north half of the southwest quarter of the northwest quarter of Section Nine (9), thence south along the east side of the southeast quarter of the northeast quarter, and the southeast quar- ter of Section eight (8), thence south along the east side of Section Seventeen (17) to a point at or near the south- east corner of said Section Seventeen (17), thence in a southwesterly direction across the northeast quarter of the northeast quarter, the southwest quarter of the north- east quarter, the northeast quarter of the south- west quarter and the southwest quarter of the southwest quarter of Section Twenty (20) to a point at or near the southwest corner of said Section Twenty (20), thence south along the east side of Section Thirty (30) to Casnovia switch station, so-called, situated as follows: Sixteen (16) rods east and west by twenty (20) rods north and south in the southeast corner of the southeast quarter of the south- east quarter of said Section Thirty (30) in Township Ten (10) North Range Twelve (12) west, in Kent County, Michi- gan. Commencing at the Casnovia switch station located in the southeast corner of Section Thirty (30) in Township 80 Ten (10) north Range Twelve (12) west in Kent County, Michigan, thence south along the easterly side of and through Section Thirty-one (31), Township Ten (10) north Range Ten (10) west and Sections Six (6), Seven (7), Eighteen (18), Nineteen (19), Thirty (30) and Thirty-one (31) of township Nine (9) north Range (12) west, thence south along the westerly side of Sections Five (5), Eight (8), Seventeen (17) and Twenty (20) and the north three- quarters of Section Twenty-nine (29), thence southeasterly across the southwest quarter of the southwest quarter of Section Twenty-nine (29) and the west half of the north- west quarter of Section Thirty- two (32), thence south along the east side of the west half of the southwest quarter of Section Thirty-two (32) to a point at or near the southeast corner of the southwest quarter of the southwest quarter of Section Thirty-two (32) in Town- ship eight (8) north Range Twelve (12) west, continuing thence south along the west side of the east half of the west half of Sections Five (5), Eight (8), Seventeen (17) and Twenty (20) to a point at or near the southwest corner of the southeast quarter of the southwest quarter of said Section Twenty (20), thence easterly along the nor- therly side of the east three-quarters of Section Twenty- nine (29) to the northwest corner of Section Twenty-eight (28), thence south along the westerly side of the northwest quarter of Section twenty-eight (28) to a point at or near the west quarter post of Section Twenty-eight (28), thence east along the north side of the southwest quarter and the northwest quarter of the southeast quarter of Sec- tion Twenty-eight (28), thence southeasterly across the northeast quarter of the southeast quarter of said Section Twenty-eight (28), thence southeasterly across the north- west quarter of the southwest quarter of Section Twenty- seven (27), thence east across the northerly side of the southeast quarter of the southwest quarter of Section Twenty-seven (27), thence east along the southerly side of the north half of the southeast quarter of Section Twenty- seven (27), thence south along the east Section Line to a point at or near the southeast corner of said Section twen- ty-seven (27), thence east along the northerly side of Sec- tion thirty-five (35) to the site of the Wealthy Street Steam 81 Plant, so-called, located in tlie northeast quarter of said Section Thirty-five (35) in township seven (7) north range Twelve (12) west Kent County, Michigan. Commencing at the Casnovia switch-house located in the southeast corner of Section Thirty (30) in Township Ten (10) North Range Twelve (12) west, thence westerly along the southerly side of said Section Thirty (30), thence westerly along the southerly line of Sections Twenty-five (25), Twenty-six (26), Twenty-seven (27), and Twenty- eight (28) to a point at or near the southwest corner of Section Twenty-eight (28), thence northwesterly across the southeast quarter of the southeast quarter, the northwest quarter of the southeast quarter, the southeast quarter of the northwest quarter and the northwest quarter of the northwest quarter of Section Twenty-nine (29) to a point at or near the northwest corner of said Section Twenty-nine (29) , thence westerly along the north side of Section Thirty (30) to a point at or near the northwest corner of said Section Thirty (30) in Township Ten (10) north Range thirteen (13) west, thence west along the southerly side of Sections Twenty-four (24), Twenty-three (23), Twenty-two (22), Twenty-one (21), Twenty (20) and Nineteen (19) to a point at or near the southwest corner of said Section Nineteen (19) in Township Ten (10) North of Range Four- teen (14) west, thence westerly along the southerly line of Sections Twenty-four (24), Twenty-three (23), Twenty-two (22), Twenty-one (21), Twenty (20) and Nineteen (19) to a point at or near the southwest corner of said section Nineteen (19) in Township Ten (10) north Range Fifteen (15) west, thence westerly along the southerly line of Sec- tions Twenty-four (24), Twenty-three (23) and the south- east quarter of Section Twenty- two (22) to a point at or near the south quarter post of said Section Twenty-two (22), thence south along the east side of the west half of Section twenty-seven (27) to a point near the south quarter post of said Section Twenty-seven (27), thence west along the southerly side of the southeast quarter of the southeast quarter of Section Twenty-seven (27), thence west along the northerly side of the northwest quarter of the northwest quarter of Section thirty-four (34), thence west along the northerly side of Section Thirty- three (33) and the north- 82 erly side of the northeast quarter of Section Thirty-two (32) , thence west along the northerly side of the northeast quarter of the northwest quarter of Section Thirty-two (32), thence south to a point at or near the northwest corner of the southeast quarter of the northwest quarter of section thirty- two (32), thence west to Muskegon Heights Sub- station, so-called, located on Block Thirty-seven (37) in Plat B Muskegon Heights in Muskegon Township (Town- ship Ten [10] north Range Sixteen [16] west.) Beginning at the switch house at the Company’s power house in Croton in the northeast quarter of Section Eigh- teen (18) Township Twelve (12) north Range Eleven (11) west Newaygo County, Michigan, thence southeasterly to the northwest corner of the southeast quarter of Section Seventeen (17), thence southeasterly across the northwest quarter of the southeast quarter and the southeast quarter of the southeast quarter of Section Seventeen (17) to the corner of Sections Sixteen (16), Seventeen (17), Twenty (20), Twenty-one (21), thence along the west side of Sec- tions Twenty-one (21), Twenty-eight (28) and Thirty- three (33) to the section corner between Sections Thirty-two (32) and Thirty- three (33) on the Township line, and Sections Four (4) and Five (5) in Ensley Township (Township Eleven [11] North range eleven [11] west), thence south on the west side of Sections Four (4), Nine (9), Sixteen (16), Twenty-one (21), Twenty-eight (28) and Thirty-three (33) to the south line of Ensley township which is the north line of Solon township, Kent County, thence south on the north and south quarter line of Section Five (5) to the northeast corner of the southeast quarter of the northwest quarter of Section Five (5), thence southwest to the north- west corner of the southwest quarter of the southwest quar- ter of Section five (5), thence south along the west side of the southwest quarter of the southwest quarter of said Section Five (5), thence south along the west side of Sec- tions Eight (8), Seventeen (17), Twenty (20), Twenty-nine (29) and Thirty- two (32) but bearing to the east around Olin Lake in the west half of the southwest quarter of Section Thirty-two (32) to the south Township line of Solon Township, thence south through Algoma township (Township Nine [9] North Range Eleven [11] west) on 83 the west side of Sections Five (5), Eight (8), Seventeen (17), Twenty (20), Twenty-nine (29) and Thirty-two (32) to the south line of the township and the north line of Plainfield township, thence southeasterly through the north- west quarter of Section Five (5) south and west to Pickerel Lake to the center of said Section Five (5), thence southerly along the west side of the east half of Sections Five (5), Eighteen (18), Seventeen (17) and Twenty (20) to the north side of the right of way of the Grand Rapids & Indiana Railway, thence southwesterly parallel to and im- mediately west of the Grand Rapids & Indiana Railway Company’s right of way through Sections Twenty (20), Twenty-nine (29), Thirty (30) and Thirty-one (31) to the south side of the northeast quarter of the northeast quarter of Section Thirty-one (31), thence west along the south side of the north half of the northwest quarter to the west line of said Section Thirty-one (31) in the southwest quarter of the northwest quarter of said Section thirty-one (31), thence in Alpine Township (Township Eight [8] north Range Twelve [12] west) to the southwest corner of the south- east quarter of the northeast quarter, thence along the north side of south half of Sections Thirty-six (36) and Thirty-five (35) to the northwest corner of the southwest quarter of said Section thirty-five (35), thence along the west side of said Section thirty-five (35) to the south township line of Alpine township, thence south through Walker town- ship (Township Seven [7] north Range Twelve [12] west) on the east side of Sections three (3) and Ten (10) to the south side of the Muskegon, Grand Rapids & Indiana Rail- way Company’s right of way in the northeast quarter of Section Fifteen (15), thence westerly on the north side of Section Fifteen (15) and the south side of Sections Ten (10) and Nine (9) to the south quarter post of said Sec- tion Nine (9), thence south to the southeast corner of the northeast quarter of the northwest quarter of Section Six- teen (16), thence west to the northwest corner of the south- east quarter of the northwest quarter of said Section six- teen (16), thence south to the southeast corner of the south- west quarter of the northwest quarter of Section Sixteen (16), thence west along the southerly side of the southwest quarter of the northwest quarter of said Section Sixteen 84 (16) and north of the east and west quarter line of Section Seventeen (17) to the pole line right of way in the south- west corner of the southeast quarter of the northwest quar- ter of said Section Seventeen (17), thence south along the pole line right of way on the westerly side of the east half of the southwest quarter of Section Seventeen (17) and the west side of the east half of the west half of Section Twenty (20) to the southwest corner of the southeast quar- ter of the southwest quarter of Section Twenty (20), thence beginning at the northwest corner of the northeast quarter of the northwest quarter of Section Twenty-nine (29) in said Walker Township, thence south along the west side of the east half of the northwest quarter of Section Twenty- nine (29) to the southwest corner of the southeast quarter of the northwest quarter of said Section Twenty-nine (29), thence east immediately south of the east and west quarter line across Section Twenty-nine (29) and the east and west quarter line across Section Twenty-eight (28) to the north- east corner of the northwest quarter of the southeast quarter of Section Twenty-eight (28), thence southeasterly across the northeast quarter of the southeast quarter of said Section Twenty-eight (28) and the northwest quarter of the southwest quarter of Section Twenty-seven (27) to a point at or near the southeast corner of the northwest quar- ter of the southwest quarter of Section Twenty-seven (27), thence easterly on the north side of the southeast quarter of the southwest quarter of said Section twenty-seven (27), thence easterly along the southerly side of the north half of the southeast quarter of Section twenty-seven (27), thence south to a point at or near the southeast corner of said Section twenty-seven (27), thence easterly along the northerly side of Section Thirty-five (35) to the Wealthy Street steam plant and substation, so-called, located on the northeast quarter of the northeast quarter of said Section thirty -five (35). Commencing at the Company’s substation located in Block Thirty-seven (37) Plat B in the city of Muskegon Heights, Muskegon County, running thence west along Keating Avenue in the City of Muskegon Heights to and upon Sanford Street in said city, thence south along said Sanford Street to the intersection of said street with the right of way of the Grand Rapids, Grand Haven & Muskegon Railway Company, thence along and upon the right of way of said Grand Rapids, Grand Haven & Muskegon Railway to the power plant of said Railway Company in the village of Fruitport in Muskegon County, Michigan. Commencing at the switchboard in Substation at Wealthy Street, Grand Rapids, Michigan, in the northeast corner of Section thirty-five (35) Township Seven (7) North Range Twelve (12) west, thence west and north on pole line transmission line to the right of way of the Grand Rapids, Grand Haven & Muskegon Railway on the west half of the northwest quarter Section Seventeen (17), thence northwesterly on said right of way through Sections Seventeen (17) and Eighteen (18) to Walker Substation located near the northeast corner of Section Eighteen (18) Township Seven (7) North Range Twelve (12) West. Beginning at the switchboard in substation at Wealthy Street Grand Rapids, Michigan, in the northeast corner of Section Thirty-five (35), thence running south parallel to the east line of Section Thirty-five (35) Township Seven (7) north Range Twelve (12) west across the Grand River to a point in the southeast quarter of the northeast quarter of Section Thirty-five (35) south of the Fere Marquette Railroad, thence southwesterly parallel to the right of way of the Pere Marquette Railroad to the west line of the northeast quarter of the southeast^ quarter of Section Thirty-five (35), thence south on the west side of the east half of the southeast quarter of Section Thirty -five (35)' to the south township line and north township line of Wyom- ing Township (Township Six [6] North Range Twelve [12] West), thence south across and along the westerly side of the east quarter of Section Two (2) to the right of way of the G. R. H. & C. right of way, thence southwesterly along said right of way across the northwest quarter of the southeast quarter, the east half of the southwest quarter and the southwest quarter of the southwest quarter of Sec- tion Two (2), thence southwesterly across the north half of the northeast quarter and the east half of the northwest quarter, and the southwest quarter of the northwest quarter of Section Ten (10), and the northwest quarter of the south- west quarter of Section Ten (10), thence southwesterly 86 across the northeast quarter of the southeast quarter, the west half of the southeast quarter and the south half of the southwest quarter of Section Nine (9), thence south- westerly across the northwest quarter of the northwest quarter of Section Sixteen (16) and the north half of the northeast quarter of Section Seventeen (17) to a point five (5) feet east of the center line of Section Seventeen (17), thence south on the west line of the southwest quarter of the northeast quarter of Section Seventeen (17), thence south on the east side of the northeast quarter of the south- west quarter of Section Seventeen (17), thence west on the north side of the south half of the southwest quarter of Section Seventeen (17), thence northwesterly through the north half of the southeast quarter of Section Eighteen (18) to the highway, thence north along the highway to the right of way of the G. R. H. & C. Railway at or near the center of Section Eighteen (18), thence west on said right of way along the north side of the southwest quarter of Section Eighteen (18) to the west line of Wyoming Town- ship, (Township Six [6] North Range Twelve [12] West), thence south and westerly along said right of way across Section Thirteen (13) Township Six (6) north Range Thir- teen (13) west to the substation of the Company at Jenison in Ottawa County. Commencing at the switchboard in the Company’s sub- station located in the southeast corner of Section Thirty (30) Township Ten (10) north range Twelve (12) west and running in an easterly direction north of the south line of Sections Twenty-nine (29), Twenty-eight (28), Twenty- seven (27), Twenty-six (26), and Twenty-five (25) to the southeast corner of Section Twenty-five (25) Township Ten (10) north Range Twelve (12) west, continuing thence east along the south section line of Sections Thirty (30), Twenty- nine (29), Twenty-eight (28), Twenty-seven (27), Twenty- six (26) and Twenty-five (25) to the village of Cedar Springs in the south half of Section Twenty-five (25) Town- ship Ten (10) North Range Eleven (11) west. Commencing at the northeast corner of Section Thirty- four (34) Township Ten (10) north Range Twelve (12) west and running thence south along the east side of Sec- tion Thirty-four (34) to the southeast corner of said Sec- 87 tion thirty-four (34), thence south along the easterly side of the northeast quarter of the northeast quarter of Sec- tion Three (3) Township Nine (9) north Range Twelve (12) west, thence southeasterly across the southwest quarter of the northwest quarter of Section Two (2), thence east to the center of Section Two (2), thence south along the east- erly side of the southwest quarter of Section Two (2) and the west half of Section Eleven (11) and the easterly side of the northwest quarter of Section Fourteen (14) to the village of Sparta. Commencing at the switchboard in the Company’s sub- station located in the southeast corner of Section Thirty (30) Township Ten (10) North Range Twelve (12) west, thence north on the east section line of Section Thirty (30) to the Pere Marquette Railway, northwesterly along the Pere Marquette right of way across the northeast quarter of Section Thirty (30), the northwest quarter of Section Thirty (30), and the southwest quarter of Section Nine- teen (19), to and through the village of Casnovia, thence continuing westerly and northerly along the nortnerly side of said railway right of way across the southeast quarter, southwest quarter and northwest quarter of Section twenty- four, and the southwest quarter of southwest quarter of Section Thirteen; thence north across the east half of the southeast quarter of Section Fourteen (14) and the east half of the northeast quarter of Section Fourteen (14), thence north across the east half of the southeast quarter of Section Eleven (11), thence north on the east section line of the northeast quarter of Section Eleven (11), thence north on the easterly side of the southeast quarter of Section Two (2) across the east half of the northeast quarter of Section Two (2), all in Township Ten (10) North Range thirteen (13) west Muskegon County; thence north along the west side of the east half of the southeast quarter of the south- west quarter of Section Thirty-six (36) and the northeast quarter of the southwest quarter of Section Thirty-six (36), thence north along the west side of the east half of the northwest quarter of Section Thirty- six (36) to the village of Ashland, thence north from the village of Ashland along the north and south center line of Sections Twenty-five (25) and Twenty-four (24) to the village of Grant in Section 88 Twenty-four (24), all in Township Eleven (11) North Range Thirteen (13) west. Commencing at the switchboard in the Company sub- station located in the village of Fruitport in Muskegon County, continuing thence in a southerly direction to said village to the north line of Township Eight (8) Nortli Range Sixteen (16) west, thence south across the northwest quarter of the northeast quarter and the south half of the northwest quarter of Section One (1), the southeast quar- ter of Section Two (2), the westerly side of the east half of Section Eleven (11) and the north half of Section Fourteen (14) and the west half of Section (14) to the village of Spring Lake, in Ottawa County, Michigan. Lots one, three and five, Calder Street (now South Ottawa Street) Kent Plat; lots one and two Summit Street (now Ellsworth Avenue) Kent Plat, being part of the north fraction of the southeast quarter of Section twenty-five, Township Seven North, Range Twelve West. All that part of Lot four of Section one, Township six North, Range nine West, described as follows: Commenc- ing at a point on center line of Grove Street where the southerly line of Lot nine of Block six, Chapin & Booth’s Addition to the village of Lowell intersects said center line produced, thence southerly fifteen rods, thence easterly ten and two-thirds rods, thence northerly fifteen rods, thence westerly to point of beginning, containing one acre of land. All that part of the northeast quarter of the northeast quarter of Section two, Township six North, Range nine West, described as follows : Commencing at a point on the east line of Arthur Sherman’s land twenty- three rods north of the northeast corner of Lot three, Block thirty-five of Avery’s Plat of the village of Lowell, thence east twelve rods, thence north twenty rods, thence west twelve rods to said east line of Sherman’s land, thence south to point of beginning; containing one and one-half acres, but reserving a strip on south side of said land and one and one-half rods wide for a street. Also the following described property situate and being in Vergennes, Township, Kent County, being Town- ship seven North, Range nine west: Island Number seven, Section Number thirty-six. Part of Lot Number five, Section thirty-five, de- scribed as beginning on the southeast bank of the Flat River on the line between Sections thirty-five and thirty-six, and running thence south to the quarter post, thence west eighty rods, thence north to river, thence along the river to place of beginning. Commencing at a post in the center of the highway on Section thirty-five, north 44%° east thirteen rods and seven links from the northeast corner of Robinson’s dwelling house (as of September 1, 1863), thence north 22° east three rods, thence east 22° south ninety-five rods to the bank of the Flat River, thence west 15° south fifteen rods, thence west 2° north sixteen rods, thence west 25° north fifteen rods, thence west 13° south twenty-three rods, thence west 20° south thirteen rods, thence west 43° north four rods, thence north 35^° east sixteen rods and four links, thence north 36° west twenty-nine rods to beginning, with the right to build a dam five feet high across the Flat River and abutting on this parcel of land. The right to flow with water for a pond to any extent that may be desirable a parcel of land on Lot one, Sec- tion thirty-five, described as follows : Commencing at a point seven hundred sixty-four and twenty-eight hundredths feet west and thirteen hundred twenty feet south 22° west of the northeast corner of section thirty- five, thence east to the Flat River, thence southwest along the river to the parcel of land last above de- scribed, thence northwest along said land to the center of the highway, thence northeast to the place of begin- ning. That parcel of land situate on Sections thirty-five and thirty-six described as follows : For the place of beginning start at a point seven hundred sixty-four and twenty-eight hundredths feet west of the northeast corner of said Section thirty-five and run south 22° west along the highway thirteen hundred twenty feet and thence east seven hundred sixty feet; from the place of beginning so ascertained running north 64° 30' east two hundred ninety-four and three-tenths feet, 90 thence north 47° 30' east three hundred two feet, thence north 31° 30' east one hundred seventy-six feet, thence north 23° 40' east two hundred seventy -nine feet, thence north 11° 10' east five hundred sixteen feet to a point which is two hundred eighty-six feet east of the north- west corner of Section thirty-six, thence east to the river, thence southerly along the river to a point due east of the place of beginning, thence west to the place of beginning, containing eighteen and five hundredths acres of land more or less. The right of flowage for a mill pond on the north- west fractional quarter of Section thirty-six as con- veyed by Abel Avery and wife to James Buchanan by deed dated June 20, 1868, recorded in Book 52, page 393. The right to flow with water for a mill pond to any extent which may be necessary or desirable and the right to divert the water of Flat Biver from the follow- ing described land on Sections twenty-six and twenty- five, viz : Commencing at the southwest corner of Sec- tion twenty-six and running thence north on the west line of said section to the quarter stake set in the Flat River, thence easterly along the thread of Flat River crossing the east line of Section twenty-six and continu- ing along the thread of the river to the intersection of the south line of Section twenty-five, thence west along the south line of Sections twenty-five and twenty- six to the place of beginning, containing one hundred fifty-three acres more or less. Lots six and seven and the southeast quarter of the southwest quarter of section twenty-five. Part of Lot five, Section twenty-five, described as follows: Commencing at a point on the north line of Lot five, ten hundred forty feet west of the northeast corner of said lot, running thence south 20° west seven hundred five feet to a point fifty feet east of the bank of Flat River, thence down the river parallel with and fifty feet from the bank six hundred ninety feet to the south line of lot five, thence west on the south line of said lot to the river, thence up-stream along the river to the north line of Lot five, thence east along the 91 north line of Lot five, two hundred eighty feet to be- ginning, containing three and twenty-five hundreds acres of land. Lot four of Section twenty-five, except a triangular parcel of thirteen and sixty-seven hundredths acres conveyed by Charles A. Church and wife to Bella A. Kereches by deed recorded in Book 232, page 87. Two acres off of Lot three, Section twenty-five, con- veyed by Kelcy Denton and wife to Charles A. Church by deed dated March 1, 1893, recorded in Book 232 of deeds at page 141. Lots one and two of Section twenty-five, and the northeast fractional quarter of the northeast quarter of Section twenty-six, except so much thereof as was conveyed by the West Michigan Electric Com- pany to C. Sydney Beckwith by deed dated November 29, 1897, recorded in Book 223 of Deeds on page 490. Also conveying all the riparian rights in the parcel of land so conveyed to said Beckwith, including the right to divert the water of the river therefrom and the right to use the gravel and stone on said land, as reserved by said West Michigan Electric Company in its conveyance to said Beckwith. Subject, however, to rig'ht of way, if any, as con- veyed to J. E. Tower for himself and others by deed dated May 29, 1903. The right to divert the water of Flat River from the northwest fraction of the northwest quarter of Sec- tion twenty-six and the southeast quarter of the north- east quarter of Section twenty-seven, with all other riparian rights in such land. The right to flow for mill pond to any extent the southwest quarter of the southwest quarter and Lots five, six, seven, eight and nine of Section twenty-four. Seven and fifty-three hundredths acres of land, be- ing part of Lot three, Section twenty-four, as conveyed by Henry W. Booth and wife to Grand Rapids Edison Company by deed dated September 3, 1903, and re- corded in Book 320 at page 181, together with the right to flow the remainder of said Lot three and Lot two of said Section south of the highway. 92 Part of the northwest quarter of Section twenty- four described as follows : Commencing at the north- west corner of the store lot formerly owned by Henry Brown, running thence north 58° east twenty feet, thence north 32° west thirteen rods, thence south 58° west twenty feet, thence south 32° east thirteen rods to beginning. Also a strip of land sixteen feet wide off the west side of the lot deeded by Devendorf to Maria L. Allen and by her to Sydney B. Bichmond, except about twenty feet square adjoining store lot deeded by Bichmond to Silas L. Fallass. Beginning at the water’s edge on the east bank of the river on the north side of the highway running east and west through the northwest quarter of Sec- tion twenty-four and running thence east on the north line of the highway one hundred twenty-four and one- half feet, thence north at right angles to the highway thirty rods, thence west 32° south one hundred seventy- four feet, thence north 54° west to the bank of the river, thence down the river in all its windings to a point four and one-half rods north of the place of be- ginning, thence east parallel with the highway to the east edge of Levi Phillip’s land, thence south on Phil- lip’s east line to the highway. Also Island Number two, Section twenty-four, con- taining two and eighty-one hundredths acres. Also all of Section twenty-three which lies on the east side of the Flat Biver. Also the right of way for repairing, improving and controlling the dams on said premises from the mills and along the east bank of the pond and river to the upper dam, so called, as near the water’s edge as con- venient. Also the right to build a dam across the river at the head of the island and to turn the whole or any part of the river into the east channel. Also all the right of flowage on the northwest quar- ter of Section twenty-four to any required extent and all rights in and to the water power and privileges on said quarter section. 93 Islands Numbers five and six of Section twenty-six. The riparian rights on the Flat River appurtenant to the southwest quarter of the southeast quarter and the southeast quarter of the southwest quarter of Sec- tion twenty-three, including the right to diminish the flow of said river. The right to construct and maintain a dam twenty- five feet high across the Flat River and abut the same on Lot one, Section twenty-six, and the right to flow above said dam so much of Lots one and four of said Section twenty-six as will be so flowed, and the right as to Lots one, two and three of said Section twenty-six to increase and diminish the flow of the river below the dam. That part of Lots one and four, Section twenty-six, conveyed by John H. Butcher and Emma L., his wife, to the Grand Rapids Edison Company by deed dated May 12, 1903, recorded in Book 312, page 47. A strip of land three rods wide along and adjoining the left bank of the Flat River commencing on the east and west quarter line of Section twenty-six near the west side of said Section and ending at the east line of said section, with all the riparian rights in the river opposite to and along the whole length of said strip of land. Also the right to flow so much of the northeast corner of Lot five, Section twenty-six, as is flowed by said dam abutting on Lot one. The riparian rights in Flat River appurtenant to the land lying west of the river commencing at the center of the highway at the northeast corner of the southeast quarter of Section twenty-seven, thence south to the southeast corner of said Section twenty-seven, thence west to the highway running in a north and south direc- tion through said quarter section, thence northerly along said highway to the highway running northeast- erly, and thence northeasterly and easterly along said highway to the place of beginning, including the right to diminish the flow of the river adjacent to said land. The exclusive and perpetual right and privilege of sinking wells and pumping water from the east frac- tional half (E frl y 2 ) of west half (Wy 2 ) of the east half (E 1 /^) of Section thirty-five (35), Township seven (7) North, Range nine (9) West lying south of Flint River, all as conveyed and granted in a certain con- veyance dated August 2, 1911, given by Rowland Ryder and Phebe Ryder, his wife, to Grand Rapids Edison Company, and recorded in the office of the Register of Deeds of Kent County, Michigan, on August 11, 1911, in Liber 15 of Miscellaneous Records on pages 344 and 345. By the descriptions of property in this paragraph 8 contained whether according to government survey, by metes and bounds, specific reference to lots and blocks, or by reference to deeds or other conveyances and to the records thereof, or otherwise, the Power Company includes, intends to include, and does hereby specifically include, all the property of every name and nature described in or covered by the General Mortgage of the Grand Rapids Edison Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of Kent County, Michigan, on the 10th day of January, 1912, in Liber 327 of Mortgages, beginning on page 113, and by the General Mortgage of the Grand Rapids-Muskegon Power Company to the Harris Trust and Savings Bank, Trus- tee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of the following Counties in Michigan, viz: Muskegon County, February 16, 1911, in Liber 120 of Mortgages, beginning on page 106, Kent County, February 15, 1911, in Liber 354 of Mortgages, beginning on page 70, Newaygo County, February 16, 1911, in Liber 66 of Mortga- ges, beginning on page 401, and Mecosta County, February 16 f 1911, in Liber 68 of Mortgages, beginning on page 508 ; and all property of every name and nature described in or cov- ered by a certain mortgage given by the Grand Rapids Edi- son Company to the Harris Trust and Savings Bank, Trus- tee, supplemental to the General Mortgage above described 95 which supplemental mortgage is dated December 6, 1912 and recorded in the office of the Register of Deeds of Kent Coun- ty, Michigan, on the 17th day of December, 1912, in Liber 327 of Mortgages beginning on page 295, and by all the several mortgages given by the Grand Rapids-Muskegon Power Com- pany to the Harris Trust and Savings Bank, Trustee, supple- mental to the General Mortgage above described, including such supplemental mortgages dated March 11, 1913, cover- ing property in Muskegon County, and February 23, 1914, covering property in Kent County. All and singular the buildings and structures, dams, res- ervoirs, bridges, viaducts, water wheels breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation ma- chinery, apparatus and equipment, boilers, engines, genera- tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Grand Rapids Edison Company and the Grand Rapids-Muskegon Power Company, whether now owned or hereafter acquired. 9. Lot one hundred and thirteen (113) of the original plat of the village (now city) of Pontiac, except the west thirty-two (32) feet five (5) inches thereof, measured from the east line of Wayne Street. By the descriptions of property in this paragraph 9 con- tained the Power Company includes, intends to include, and does hereby specifically include, all the property of every name and nature described in or covered by the First Mort- gage of the Pontiac Power Company to the Harris Trust and Savings Bank, Trustee, dated as of June 1, 1910, and recorded in the office of the Register of Deeds of Oakland County, Pontiac Power Company. 96 Saginaw Power Company. Michigan, on the 9th day of February, 1911, in Liber 176 of Mortgages, beginning on page 215. All and singular the buildings and structures, dams, reser- voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation ma- chinery, apparatus and equipment, boilers, engines, genera- tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Pontiac Power Company, whether now owned or hereafter acquired. 10. All the following described pieces and parcels of land, viz : Lot fifty-eight (58) Hoyt’s sub-division James Riley Reserve ; Also a strip of land seventy-five (75) feet in width off the north side of lot fifty-seven (57) of said Hoyt’s sub- division ; Also lot fifty-nine (59) of said Hoyt’s sub-division, ex- cept that triangular part thereof lying north of a line be- ginning in the west line of said lot at a point seventy-five (75) feet north of the southwest corner of said lot and ex- tending northeasterly parallel with the north boundary line of said James Riley Reserve to the North line of said lot fifty-nine (59). Also that parcel of land described as beginning on the west line of lot fifty-seven (57) of said Hoyt’s subdivision at a point seventy-five (75) feet north of the southwest corner of said lot, and running thence west in a line parallel with the south line of said lot to Emerson Bayou; thence northerly along said Bayou to the north line of said James Riley Reserve, thence northeasterly along such north line to its intersection with the west line of lot sixty (60) of said 97 Hoyt’s sub-division, thence south in a line parallel with Washington Avenue and along the West line of lots sixty (60), fifty-nine (59), fifty-eight (58) and fifty-seven (57) to the place of beginning. With all riparian rights incident to the ownership of said land. Excepting therefrom a parcel of land described as be- ginning at a point on the west line of said lot fifty-nine (59). of Hoyt’s sub-division seventy-five (75) feet north from the south line of said lot ; thence westerly at right angles to the west line of lots fifty-nine (59) and sixty (60) one hundred and thirty (130) feet; thence north parallel with the west line of lots fifty-nine (59) and sixty (60) to the north boundary of said James Riley Reserve ; thence northeasterly along such boundary to the west line of lot sixty (60) ; thence southerly on the west line of lots sixty (60) and fifty- nine (59) to beginning. It is the intention to describe herein all the estates, properties, franchises and rights of every name and na- ture covered by deed dated June 23, 1910, given by Bart- lett Illuminating Co. to the Saginaw Power Company and recorded in the office of the Register of Deeds of Saginaw County, Michigan, on August 30, 1910, in Liber 275 of Deeds on Pages 120, 121 and 122. By the descriptions of property in this paragraph 10 contained, whether according to government survey, by metes and bounds, specific reference to lots and blocks or by ref- erence to deeds or other conveyances to the Saginaw Power Company and to the records thereof, or otherwise, the Power Company includes, intends to include, and does hereby speci- fically include, all the property of every name and nature described in or covered by the First Mortgage of the Sag- inaw Power Company to the Harris Trust and Savings Bank, Trustee, dated, as of June 1, 1910, and recorded in the office of the Register of Deeds of Saginaw County, Michigan, on the 10th day of February, 1911, in Liber 166 of Mortgages, beginning on page 302. All and singular the buildings and structures, dams, reser- 98 Reservations. voirs, bridges, viaducts, water wheels, breakwaters, flumes, pipe lines, sluices, canals and basins, cribs and bulkheads, power plants, substations, power plant and substation ma- chinery, apparatus and equipment, boilers, engines, genera- tors, machinery and equipment, motors, electrical transmis- sion and distribution systems and lines, telephone systems and lines, towers, masts, poles, wires, lamps, electrical appa- ratus and equipment, overhead and underground construction, conduits, meters, services, materials and supplies, tools and appliances, furniture and fixtures, and other property used or useful in connection with the business of the Saginaw Power Company, whether now owned or hereafter acquired. Excepting and reserving from the lien of the mortgage hereby created the following pieces and parcels of land in- cluded in some of the descriptions aforesaid and which pieces and parcels have been sold or disposed of or arranged so to be, viz : Part of southwest quarter (SW %) of northwest quarter (NW %) of section thirteen (13), Township seven (7) North, Range twelve (12) West, described as follows: Com- mencing at a point forty (40) feet south and cnirty- three (33) feet east of the northwest corner of the southwest quar- er (SW y±) of northwest quarter (NW %) of said section; running thence east parallel with the east and west subdivi- sion line through the northwest quarter (NW %) of said Section two hundred five and twenty-two hundredths (205.22) feet; thence north forty-two degrees thirty min- utes east (N 42° 30' E) nine and fifty-six hundredths (9.56) feet to a point seven (7) feet north of the line first de- scribed extended; thence east and parallel with the east and west subdivision line through the northwest quarter (NW %) of said Section forty-five and ninety-six hun- dredths (45.96) feet; thence south forty-two degrees thirty minutes west (S42° 30' W) fifty-four and sixty-four hun- dredths (54.64) feet; thence west parallel with and thirty- three (33) feet south of the line first described two hundred twenty (220) feet to the east line of Alpine avenue; thence 99 north parallel with the west line of said Section thirty-three (33) feet to place of beginning. All that part of the northwest quarter (NW %) of Sec- tion seventeen (17), Township twelve (12) North, Range eleven (11) West, lying north of the easterly and westerly highway, including that portion in the Croton Village Plat excepting the south half (S %) of Block 7, and the entire Blocks 8, 9, 10 and 11, and the streets and alleys now in use in the platted portion of the Croton Village Plat, All that part of the south half (S %■) of Section eight (8), Township twelve (12) north, Range eleven (11) West, south of the Little Muskegon River, including that portion in the Croton Village Plat, excepting all of the lands now overflowed by the waters in the Croton Dam Pond. Also excepting the south half (S %) of Blocks 3 and 4 and Lots 3 and 4 of Block 4, and the streets and alleys now in use in this platted portion. Lot 31, Island Addition, city of Grand Rapids. A strip of land in Section thirty-five (35), Township seven (7) north of Range twelve (12) west, commencing at a point on the south side of Butterworth Avenue sixty-six (66) feet east of the section line between Sections thirty- four (34) and thirty-five (35) ; thence south to the Lake Shore and Michigan Southern Railway Company’s right of way ; thence southwesterly along the north line of said right of way to the section line between Sections thirty-four (34) and thirty-five (35) ; thence north on said section line to the south line of Butterworth Avenue ; thence east sixty-six (66) feet on the south line of Butterworth Avenue to the place of beginning. Also the easterly four (4) rods in width of Section thirty- four (34), Township seven (7) North, Range twelve (12) west, extending from Butterworth Avenue north to the north line of Section thirty-four (34) ; excepting the north sixty-six (66) feet thereof. Part of Block Number Twenty-one, as shown on the va- cated plat of Converse’s Addition to the City of Grand Rapids, described as follows : Commencing at a point Eighty-three feet north of the north line of Blossom Street extended east and one hundred fourteen feet east of the east line of South Front Street, running thence north on a 100 line parallel with the east line of South Front Street to a point eighty-four feet south of the south line of Shawmut Avenue produced east, thence east parallel with the north line of Blossom Street to the dock line as established prior to 1904, thence south on said dock line two hundred thirty- two feet more or less to a point which is eighty-three feet north of the north line of Blossom Street extended east, thence west to place of beginning. Together with a right of way twelve feet wide for passage of teams over the canal bank on the west side of said premises extending from Pearl Street south to the south line of said premises ; and also the right of way for a bridge extending across the canal from the premises to Front Street ; and also the right to cable the power east or west from the premises, and the right to main- tain one or more piles in the Grand Biver east of said prem- ises and west of the center of the river to support the cables ; also the right to draw water from the canal sufficient for fifteen run of mill stones with the accompanying machinery, and the right to construct and use a flume from the canal to the river. Habendum. Subject to underlying mortgages. To Have and To Hold all and singular the said premises and property to the Trustee, its successors and assigns, for- ever ; Under and subject, however, as to so much thereof as is covered thereby, to the lien of the following mortgages, to wit: (1) A first mortgage of the Lowell Water and Light Company to the American Loan and Trust Com- pany, of Boston, Massachusetts, as Trustee, dated the first day of May, A. D., 1900, and recorded in the Kent County Register’s office July 26, 1900, in Liber 272 of Mortgages beginning at Page 209, given to secure an authorized issue of $80,000 First Mortgage Twenty Year Five Per Cent. Gold Bonds, of which there are only $12,900 outstanding. (2) A first mortgage of the Grand Rapids Edi- son Company to the American Trust and Savings Bank, of Chicago, Illinois, as Trustee, dated the first day of 101 May, A. D., 1902, and recorded in the Kent County Regis- ter’s office May 5, 1902, in Liber 284 of Mortgages begin- ning on page 44, given to secure an authorized issue of Five Per Cent. First Mortgage Sinking Fund Gold Bonds, of which there are only $734,000 outstanding. (3) A first mortgage of the Grand Rapids-Mus- kegon Power Company to the First Trust and Savings Bank, of Chicago, Illinois, as Trustee, dated the first day of March, A. D., 1906, and recorded in the Kent County Register’s office the 14th of April, 1906 in Liber 317 of Mortgages beginning at page 36, in the Mecosta County Register’s office on the 14th day of April, 1896, in Liber 68 of Mortgages beginning on page 139, in the Muskegon County Register’s office on the 14th day of April, 1896, in Liber 113 of Mortgages beginning on page 96, and in the Newaygo County Register’s office, April 14, 1896, in Liber 66 of Mortgages beginning on page 260, given to secure an authorized issue of $7,500,000. First Mortgage Twenty-Five Year Five Per Cent. Gold Bonds, of which there are only $767,000 outstanding. (4) A first mortgage of the Commonwealth Power Company to the First Trust and Savings Bank, of Chicago, Illinois, as Trustee, dated as of the first day of December, A. D. 1904, and recorded in the office of the Registers of Deeds of the following counties, viz: Alle- gan County, January 12, 1895, in Liber 116 of Mort- gages at page 1; Calhoun County, January 12, 1905, in Liber 138 of Mortgages at page 195; Jackson County, January 12, 1905, in Liber 140 of Mortgages at page 133 and Kalamazoo County, January 12, 1905, in Liber 103 of Mortgages at page 1, given to secure an authorized issue of $4,000,000 First Mortgage Twenty Year Five Per Cent. Gold Bonds, of which there are only $1,213,000 outstanding. But in trust, nevertheless, for the equal and propor- ^/f r a u r s a t tion tionate benefit and security of all present and future holders of the bonds and interest obligations issued and to be issued under the Trust Indenture and to secure the payment of such 102 Covenant to maintain authority to do business in Michigan. Trustee authorized to cancel and surrender securities, etc. bonds and interest obligations when payable, in accordance with the provisions thereof, and to secure the performance of the covenants and agreements of the Power Company in the Trust Indenture set forth, all of which provisions, covenants, and agreements shall remain in unimpaired force, and are hereby confirmed. The Power Company covenants that it will at all times keep and maintain its authority to do business in the State of Michigan, and that it will comply with and observe each and every provision of the laws of the State of Michigan neces- sary to that end or otherwise applicable to the Company, and that the aforesaid covenant shall be construed and taken to be a part of the particular covenants of the Power Company set forth and contained in Article Three of said Trust Inden- ture of January 2, 1911, and that in case of default in respect thereof, the same shall constitute and be conclusively taken to be a default within the meaning of Article Six of said Trust Indenture. The Trustee is hereby authorized and directed from time to time upon the written request of the Power Company to cancel and surrender to the Power Company all of the shares of stock, bonds, notes, indebtedness, securities, claims or other obligations of the Power Company and the certificates therefor or the evidences thereof issued by or held against the Au Sable Electric Company, Bay City Power Company, Commonwealth Power Company, Central Power Company, Consumers Power Company (Michigan), Economy Power Company, Flint Electric Company, Grand Rapids-Muskegon Power Company, Grand Rapids Edison Company, Pontiac Power Company, and Saginaw Power Company, the subsidi- ary companies whose properties have been conveyed to it, and subjected to the lien of the Trust Indenture, or to surrender the same uncancelled to the Power Company if the lien of the Trustee on the property herein described is not in any way impaired thereby and from time to time upon the 10 $ written request of the Power Company to cause to be en- tered of record a satisfaction of any mortgage or other agree- ment under which such bonds, notes, or other securities were issued. In Witness Whereof, the Consumers Power Company has in the City of New York, State of New York, caused its cor- porate seal to be hereunto affixed and this instrument to be signed in its behalf and name by its President or one of its Vice-Presidents and has caused its corporate seal to be at- tested by its Secretary or one of its Assistant Secretaries, and the Harris Trust and Sayings Bank has at the City of Chi- cago, County of Cook, and State of Illinois, likewise caused its corporate seal to be hereunto affixed, and this instrument to be signed in its behalf and name by its President or one of its Vice-Presidents and has caused its corporate seal to be at- tested by its Secretary or one of its Assistant Secretaries, all as of the day and year first above written. Consumers Power Company. By Bernard C. Cobb, President. Attest: Jacob Hekma, Secretary. (Seal) Signed, sealed and delivered by the Consumers Power Com- pany in the presence of us who hereto subscribe our names as witnesses in attes- tation thereof : Phil. C. Krauthoff, Herman Sumnich. Satisfaction of mort- gages. Attestation. Execution by Power Company. Witnesses. 104 Execution by Trustee. Witnesses. Acknowledg- ment of Company. Harris Trust and Savings Bank, By Albert W. Harris, President. Attest : Edward P. Smith, Secretary. (Seal) Signed, sealed and delivered by the Harris Trust and Savings Bank in the presence of us who hereto subscribe our names as witnesses in attes- tation thereof : R. S. Pribble, H. A. Dow. State of New York,} County of New York,f ss ‘ ' On this seventh day of August, A. D. 1915, before me appeared Bernard C. Cobb, to me personally known, who, being by me duly sworn, did say that he is President of the Consumers Power Company, and that the seal affixed to the foregoing instrument is the corporate seal of said cor- poration, and that said instrument was signed and sealed in behalf of said corporation by authority of its stockholders and board of directors, and said Bernard C. Cobb acknowledged said instrument to be the free act and deed of said corpora- tion. S. W. Smith, (Seal) Notary Public, New York County, N. Y. Certificate No. 263. My commission expires March 30, 1917. 105 State of Illinois, } County of Cook, j SS “ On this 19th day of August, A. D. 1915, before me appeared ^nowiedg- Albert W. Harris, to me personally known, who, being by Trustee - me duly sworn, did say that he is President of the Harris Trust and Savings Bank, and that the seal affixed to the fore- going instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors, and said Albert W. Harris acknowledged said instrument to be the free act and deed of said corporation. Henry E. Cutler, (Seal) Notary Public, Cook County, Illinois. My commission expires August 14, 1919. 106 State of New York,} County of New York , \ SS ‘ ’ Mortgage Tax affidavit. Jacob Hekma, being duly sworn, deposes and says: That he is Secretary and Treasurer of the Consumers Power Com- pany, the grantor and mortgagor in the foregoing Trust In- denture dated as of January 2, 1911, and Supplemental Trust Indenture dated as of August 3, 1915, executed by the Con- sumers Power Company and delivered to the Harris Trust and Savings Bank, Trustee. Deponent further says that the amount of bonds authenti- cated by the Trustee and delivered under said Trust Inden- ture and Supplemental Trust Indenture, being the amount advanced thereon and secured thereby, at the date hereof is the sum of $12,936,000, and on that amount it is now desired to pay the mortgage tax as provided by Act No. 91 of the Michigan Public Acts of 1911. Deponent further says that this affidavit is made to com- ply with the provisions of Act No. 91 of the Michigan Public Acts of 1911, in order that the above mentioned Trust Inden- ture and Supplemental Trust Indenture of the Consumers Power Company may be recorded as provided by law. Jacob Hekma. Subscribed and sworn to before me this 20th day of August, A. D. 1915. S. W. Smith, (Seal) Notary Public , New York County , N. Y. Certificate No. 263. My commission expires March 30, 1917. A