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Form #1556

Release of part of mortgaged property

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Release of part of mortgaged property


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Release of part of mortgaged property.

Company may from time to time sell, exchange or otherwise dispose of any such apparatus, machinery, equipment or materials of a movable or a consumable nature at any time held or required for its use in connection with its plants, as may have become unfit for use or may be unnecessary or undesirable for the purpose of its business, upon renewing or replacing them or acquiring in substitution other property of equal or greater value so as to keep the value of the security unimpaired, and all the property so acquired shall immediately be and become, without any other act or conveyance upon the part of company, subject to the operation and lien of this deed.

If company should deem it advantageous to sell, exchange or otherwise dispose of any other of its property, company may procure a release of them from the lien or operation of this deed upon applying at any time in writing to trustee, and delivering to trustee in substitution other property approved by or acceptable to trustee, which shall be at least equal in value to the property to be released, taking into account the value of the property as connected with and a part of the whole security at that time covered by this mortgage. The value of any property sought to be released and of any property or consideration tendered in substitution shall be determined by trustee, which may satisfy itself in respect to the value in any manner and by any means it may deem reasonable and proper. The certificate of the president or any other officer of company may be accepted as sufficient evidence of the value of any property sought to be released or of any property sought to be substituted, but trustee shall not be precluded in any case from requiring other and further proof of the value and other facts certified if in its judgment any good reason shall exist for doing so. Any property of any kind, and any interest, whenever acquired by company in renewal, replacement or substitution of property released from the lien of this deed, shall immediately upon acquisition, without any further conveyance or assignment, become and be subject to the lien of this mortgage, as fully and completely as though now owned by the company and expressly and specifically conveyed by this mortgage. The company shall, if requested by trustee, execute an apt and proper instrument in writing to extend the lien of this mortgage specifically over the property or interest so acquired. Any money received by trustee at any time as a consideration for any release shall be held by trustee subject to this mortgage and be kept invested for the benefit of the holders of the bonds and coupons secured, or may in the discretion of trustees be applied to the redemption of outstanding bonds in accordance with the terms of section _________ of this instrument. Upon receiving approved property or consideration for any release desired for the company, trustee shall execute and deliver to company a proper release such as desired. All expense attended upon any release, or any investigation conducted in that connection shall be paid by company.



 
Contributed by
AIG Legal
 
Total Forms Contributed 75
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Keywords: Release of mortgaged property, lien, deed

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