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HomeMy WebLinkAbout2189 . i. ~ . ' ~ ' p 1 ! pledge of any personal property held by Trustee hereunder, and to execute ~ mortgages or pledge agreements therefor. ~ ! (e) To hold any property or securities originally received by ~ Trustee as a part of said trust estate so long as Trustee shall consider ( - the retention thereof for the best interest of sai~i trust estate, irrespective ~ of whether such property or securities ~re a so-called "legal ir,vestment j of trust funds" under the constitution or law of any state or rule of any ! court, without liability for depreciation or loss through error of judgment, ~ and in disposing of any property constituting a part of said trust estate to acquire other property which is not. a so-called "Iegal investment of trust ' funds" under the constitution or law of any state or rule of any court, where such course is, in the Trustee's opinion, for the best interest of said trust estate; provided that Trustee shall not retain, beyond a reasona.ble time, any property which shall become unproductive nor shall Trustee in- ~ vest in unproductive property. (f~ To determine whether any money or property coming into : Trustee's hands shall be treated as a part of the principal of said trust ' estate or a part of the income therefrom, to apportion between such prin- cipal and income any loss or expenditure in connection with said trust : estate as to Trustee may seem just and equitable, and to set up reserves ~ out of income to mee: such items of depreciation, obsolescence, future ~ repairs or construction, or amortization of indebtedness deemed by ~ Trustee to be a proper charge against income. ~ (g) To keep any property constituting a part of said trust estate ~ properly insured against fire and storm, to pay all taxes or assessments, ~ mortgages or other liens now or hereafter resting upon said property, and, generally, to pay all of the expenses of Trustee incurred in the exercise of ' the powers herein vested in it which, in Trustee's judgment. may be . i ~ proper or necessary. ~ ( ` (h) In making any division of the trust property into shares for ! ~ the purpose of any distribution thereof directed by the provisions of this agreement, it shall be proper for the Trustea to make such division or ~ distribution, either in cash or in kind, or partly in cash and partly in kind, ~ as the Trustee shall deem most expedient, and in making any division or ~ distribution in kind the Trustee may allot any specific security or property ~ or any undivided interest therein to any one or more of such shares, and ; . to that end may appraise any or all of the property so to 6e allotted, and the Trustee's judgment as to the propriety of such allotment and as to the ~ relative value for purposes of distribution of the securities of property so ~ ~ ~ ~ ot1U~G~Q snaii ne iinal and conclusive upon all persons interested in this ~ y trust, or in the division or distribution thereoi. ~ ~ . ~ ~ (i) To hold any or all securities or other property in bearer forrr., i in the name of Trustee, or in the name of a nominee, without disclosing any fiduciary relation. ~ ~ G (j) To vote in person or by proxy all corporate securities of any~ ~ q kind held for the trust estate, to unite with other owners of similar property ~ . = in carrying out any plan for the reorganization of any corporation or com- _ ~ pany whose securities form a portion of the trust estate, to exchange the ~ ,.y securities of any corporation for other securities, upon such terms as ~ ~ Trustee shall deem proper, to assent to the consolidation or merger of any , r` such corporation, to assent, and vote for, the sale, mortgage or lease, ~ . _ ~ • '3~ BOOK181 PACE~1~ -1 ~ ~ ~ , : ; - - _ : E -9: . _ ~~',-,~y.~.?-"'x . ~r ~ _ _ . ,`l1'.~~