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HomeMy WebLinkAbout1127 M ~ ~ a _ _ _ _ _ a 4 TOGE'rIiER w1TH all and singular the tenements, hereditaments and appurtenances belonging or in any wise appertaining to the aforesaid property or any part thereof, with the reversion and reversions, remain- der and remainders and (subject to the provisions of Section 57 of the Mortgage) the tolls, rents, revenues, issues, earnings, income, products and profits thereof, and atl the estate, right, title and interest and claim whatsoever, at law as well as in equity, which the Company now has or may hereinafter acquire in and to the aforesaid property and franchises and every part and parcel thereof. IT IS HEREBY AGREED by the Company that, subject to the provisions of Section 87 of the Mortgage, all the property, rights, and franchises acquired by the Company after the date hereof (except any herein or in the :Mortgage, as heretofore supplemented, expressly e~ccepted) shall be and are as fully granted and conveyed hereby and as fully embraced within the Lien of the Mortgage, as if such property, rights and fran- chises were now owned by the Company and were specifically described herein and conveyed hereby. PxovinED that the following are not and are not intended to be now or hereafter granted, bargained, sold, released, conveyed, assigned, trans- _ ferred, mortgaged, pledged, set over or confirmed hereunder and are hereby expressly excepted from the Lien and operation of this Thirty- seventh Supplemental Indenture and from the Lien and operation of the J~Iortgage, as heretofore supplemented, viz: (1) cash, shares of stock, - bonds, notes and other obligations and other securities not hereafter specifically pledged, paid, deposited, delivered or held under the Mort gage or covenanted so to be; (2) merchandise, equipment, materials or supplies held for the purpose of sale in the usual course of business and fuel, oil and similar materials and supplies consumable in the operation of any properties of the Company; rolling stock, buses, motor coaches, automobiles and other vehicles; (3) bills, notes and accounts receivable, and all contracts, leases and operating agreements not specifically pledged under the Mortgage or covenanted so to be; (4) the last day of the term of any lease or leasehold which may hereafter become subject - to the Lien of the Mortgage; (5) electric energy, gas, ice, and other materials or products generated, manufactured, produced or purchased by the Company for sale, distribution or use in the ordinary course of its business; all timber, minerals, mineral rights and royalties; (6) the Com- - • s r. a~oK320 P~~~~.125