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Ord 1213 4/9/1936 ET 7,C-1 IT ,.-3 _-�h P CIVII"E H,31--i F '­jChI' '�LS IN TH.' coulf"_'7 0 CT �ET I�ly C) a F1 `21 OF 410 500 *0(110.00 FOR Z,:E STI�T" F '=J�.S M.1 T-)-, po,­.E OF COY',,�_�T'RLCTI'i,G l- D FOR T 0 -,'d 1) D 1:S rf I E U T I OF T!M,'. OF 1'.I�TLT R!�L GAS LL 7, TY 0 Y I CH I M, F ��I l 9 D I - 7E�`JiS .1",L GAB "'l-ITHIK ckID C I SYSTE1,7 BUMS .I.'D P-OVID- �,L)Rllli 03 �`�41D` T� a T E-,'L 3)T OFV and Lf"I"T C"'I '1' _�OR 71E D T-7 'CURE OR TGILGE ,30Y A T h _­D BY A PROV IT,G SO Tll'!f -"V-TEI\rl Ll�_D '-FO' llJ:CH I Tl)/0 AS I'd. 07 TLTZUST L-PON T 0:jl !jj.T-,7 'i _'FR C T" Pl��y THE I1­7LE-1- ST IL I i:C C 1:1 il" 9171 1" -iE 11 T�T rrT- 1- raTE 0 1 L.J .4 ATJ T L� 7 IlTG 017 f�.�.T D MrDs Pjl'411) R__11_:llTlIi:c_ll r rfp,T T ST !J'D PR-L'SCRI I"'G E 17-7.�TTTI()IL' j-, SUCH :,'ORT-;' -Tw LYD/OR DEED ­ 0 ADDITIOl',_` Q_PCU2' ITY ""OR Ll T T V T 1. r�L 3 T __ROVIDPL`�'G 7- T OTT Q_T'R PT 0 `�TOPPTC 'GE 72iA.T ITY :r 11 TE j3y =R1 S 0 TJ S 0 F Y7 T L7 AT -TEC' OSLT;-`�E Il� U U _'Ll D E 1p Ol� D]SED I'- Ti U S T Sl-!,�IL JqE p, c,�P­ TJES ­- G _��Ty ,T:E T1 �ps ID 0 1 T 1 1313 D "Y" 0117 ,7,0 jF EAlL. 7,'vEl= Y A U I 4L, E J. -TTSR P iCl" ,�SE 3UBrECT '0 L.M.S REGUL, TL_G 'ill-El" S.�L'E UT OF SLID 21LU�C=S; i.T,,D ---,U P.r-7.T-EY 0 j�CE 1,,rT cC, Tl-,IT,G T P2OV7 DI1101 rf--T-.,T _'JJl,.DS COPSTITTiTING CJPLIG,`.rl`I011 T�cp, ��tj'_D T R SUCH "" ' I "' _o t,-�,_,7y t�u_.I� 1,7,T TED jll '-,,.^MtL-T(T OF TH" PUPCHASE HI'Ll L E C Trry OF -,TICT_ VIER B`E DEBT 01-P T 1j. GE L n.T .L C)11T rITTLEA P j _ G '3 ��7 Y.7 TEll B�3T !�OLELY P OPE_'i T T 1:�S ('11 R 0 ED 'D THI" so RTP,'�G_L, �l"ll­i,'T_--_;,'­2; the, City of Texas , is incol-ac-'r- -rtue of whact is knov7n as tbe Home arii by vi ated �_T_ Ects 1),T_(­ u- -itlu,tion of the .t�)tp, olf Tex-:,-, t t,�.,, ­r e 0 11 s 6 E�jj,�j s 9-.* -dopted a a city of more thl�.n 5,000 inhabitarits, Ld city a charter under and by virtue of the authority --,iven under said j,_ct of IM-arch 30th, 1920 , and the said, charter as adopted is now in full force end effect, except as amended on !�_pril gtb , 1928; and, said Clome Rule kmendment to the ConstitUtiOn of the s3tate of Texas, provides that cities of more than 5,000 inhabitants shall have full power of local and shall �ieve and execute all powers of a municipal corporPtion nut pro- hibited to it by its charter or by the provisions Of the Con- 7t!Dte of Texas; arid , �,T-jd TaV,,S of the stjt�).tion _r)T�O.�Tisons 0+, its ctiartex and. by virtue of the _L , the laws enacted by the LeE-islature of the 3tate of Texas , said t'he r4 -bt to issue reverue bonds City of 'ichita 1,'alls , 'Texas, has -L I D�, corip.triactinC and builoAng a n-3turel ZL-s system for the purpose ( I for the transportation of natural cras to and distribution and sale of natur,._�I 0-as within the -.-Achita _.: l' ss s ,ity O-P i'a L Te::f �j­-,-) I! ED BY THIE, :-­,_p7) ��-W Fe"E BE 1­�LLS TE;�,�LS : OF T' "'ITv 0" 1 C 1 That the Bonds OIL' the City of Texas, to be called ?Tdity o*9 1.'Jehita Falls 1,�pturf;_l Gas ---.yste�cL Bonejs"$ be issued under an6 by virtue of the I-Vs of the Statp of Te-xas and :r, ol 1jity in the ��rjoLjnt of One 1�_-ijlion Five T-Tiir.dred the L;.-,arte for the )urpose of constl"IctiniS Thousand (,'�1 ,500 ,000-00 ) Dollars, S7TStera for the trans po rt f-!,.t ion. of lf�11'id bui]_�AnE. a --at,-iral gas I natural E,�.as to and the distribution arid sale oil netliral Sas ,;rithin. V_ t he C�i t Y 0-17 Fal 1 s , Te xa s --itivelY .-f'rorj one eC ILL,�Lt Laid bonds be nui.-bered con� to fifteer Ijurdred (1500) , inclusive , ard be of the al- enoriinat ion a:­-regatirqz One ,:,illion 1,,�l OC)0.00 ) Dol' ars eacla, of Onc Th( 1"iVe '71undred Thousand -Iollars , ar-d be dated 2 January 17 1936, bearing interest at the rate of five per cent 561 payable July li 1937, and semi-annually there- ,) per annumy after on January Ist and July Ist of each year, and maturing as follows : BOND NU1,1BERS IATTRITY DATES AMOUNTS to 27 Inc. July 1$ 1039 S27,000 28 to 55 January Is 1940 28000 56 to 84 July ly 1940 29, 000 85 to 113 January 1, 1941 29,000 114 to 143 July 1, 1541 30, 000 144 to 174 Januany 1, 1942 31,000 175 to 205 oily 1, 1042 3loOOO 206 to 237 January ly 1943 32,000 238 to 270 July 1, 1943 33,000 271 to 304 January 1, 1944 34,000 305 to 339 July 1, 1944 35tOOO 340 to 375 January ly 1945 36,000 376 to 412 July 1, 1945 37pOOO 413 to 450 January 1, 1946 33,000 451 to 489 July 1, 1946 39,000 490 to 529 January 1, 1947 40pOOO 530 to 57 0 July 1, 1947 4lyOOO 571 to 612 January ly 1948 42YOOO 613 to 655 July 1, 1948 43YOOO 656 to 690 January ly 1949 44pOOO 700 to 744 July 17 1949 45POOO 745 to 790 January Ip 1950 46,000 791 to 837 July 1, 1950 47pOOO 838 to 885 January 1, 1951 W1000 866 to 234 July ly 1951 40YO00 935 to 984 January 11 1952 50,000 985 to 1036 July 1p 1952 52pOOO 1037 to 1089 January 1p 1953 53,000 1090 to 1143 July JA 1953 54jOOO 1144 to 1199 January ly 1954 56,000 1200 to 1256 July 1p 1954 57POOO 1257 to 1315 January ly 1955 59, 000 1316 to 1375 July 1p 1055 60POOO 1376 to 1�01 January 1, 1956 62, 000 1436 to 000 July 1, 1956- 63,000 Ill. That the principal and interest due upon said bonds shall be payable in lawful money of the United 8tates of 1'�irnrica upon presentation of the bonds or proper coupon at the office of Central Hanover Bank & Trust Companyp City of Now Yorkp New Yorkp or at the office of the City Treasurer of said city of Siahita Vallsy Texas7 at the holder' s option- -3- IV. Thet each of said bon(fts shall be signed by the 1,1ayor tZ, and colmtersiCned by the City, Clerk and the corporate seal of the said city sball be impressed upon each of themg and there- CitjT ZD after rpSistered by the , Treasurer, and facsimile signetures of the 14ayor and of tl�e City Clerk may be printed or liti,.ographed upon the interest coupons attached to said bonds , end shall have the Fame effect as if they had been si-ned by them, C) V. E'either the bonds hereby authorized amd constituting t'.,).e obliL�ation for said. natural t, - , nor the interest ,as system thereon shall ever be P aebt of the jit,,� of '17ichita Falls , Texas , but solely a c�iarge up,)n the properties of sRi.d natur�ql gas Sys- tem and certain of the -net income therefrom, as set fort-',- in Section -ix of this orclinance, VI aid bonds shall be secured by a laortgage upon said system to be constructed and built frem said bondss natural gas I - reof 8.11d shell also be secured by a rjort�7-aCe or the proceeds t!,e I CD or lien upon Ec much of the net income derived from the operation of said plant each year as may be rfcessary to pe.Y interest due 1,," during tj_e current year,� and to -oey the on bonds outstandii , principal upon all bonds maturing during the year in. which the C) ZD net income is received ) but after the principal On all bonds inaturing in any year shall have been paid, and the interest for said year on all olitstanding bonds is paid , the remainder of the id natural gas sllstEE! shall be free fmm any net income from S& lien or encumbrance, VII. Said bonds and- coupons shall be substalitiEllY in the form as hereinafter set out and as set forth in t.1ne deed of trust to be -Ereafter executed. VIII. Thet tj!e deed of trust h.erein contained Shall be formally executed by the City of jichita --palls , Texas, acting by and throli-,rh the 1,�_'eyor and attested by tiie City Clerk of said City and when SO executed shall be the covenant under which all - 4 - things contemplated herein shall be done , and the Board of Alder- men of the City of Wichita Falls by the enactment of this ordin- ance edoptst validates and ratifies es is, everything in said instrument hereinafter set forth and heretofore done and said deed of trust is in words and figures as follows: ri'7111" STI-I'lE OF =:US IN OTJIT 0:7 7ICHITA TT1 T 0 1 1 ME XTURE made and entered into as of the 'fichit a 'Talls Ist day of Januaryt 1936 , between the City of T. I in the County of 7ichita, State of Texas , (hereinafter called the city) , party of the first part , and Central Hanover Bank and Trust Companys a corporation organized end existing under the laws of the State of New York and having its principal office in the city of 1jew York and State of New York, and authorized by law to accept and execute trusts (hereinafter called trustee) f p�_:rty of the second partt IT WIT � E S SETH: (2) THAT IUE.IREkS, the City of V4ichita Falls$ has this day made , executed and delivered to the purchasers thereof its one thousand five hundred (11500 ) natural Pgas system bonds of the a�7gregate par value of One I�Allion_ Five Hundred Thousand (Ia,500,000.00) Dollars , all of which bonds, both principal and. interest, are P-a,""able out of the income and revenue derived and to be derived by seid city from the operation of said natural .-as system and properties hereby conveyedl and additions and ex- tensions thereto as 1�ereafter more fully set out, and- in case of default as further hereinafter set out , the corpus of said -olant and said additions end extensions may be subjected to the payment th�ereof as hereinafter -provided; and, (3) TZLEREAS ; the Board of 11.1dermen of the Cit'.y Of on.ferred ,.,,,Iichita 7allso Texast in pursuance of the authority c upon them by the ciiarter - - .1 provisions of the city of 'IiTichita Falls ar_d by the Ccnstitution and Laws of the State of Texas, have adopted an ordinance authorizin[,r the issuarce of said bonds ,, (and provIdiriLp, for the securinE, of Sarae by deed of trust ui)on s��,ia nat-ural - S SITStera end all e-d-ditions and extensions made there- C,a to ) which ordirliance is entitled: r -10 p rL 1 C CL T 0 P ,, I Ir-7E, TL E OV OR 1jTD ' I OF C O'UITr T, rn .k1,T:) 11AL;' OF -DOIMS BY ThE C 0"1 ­ .,! ' f r Ij J.-� _T 5 0 000.00 C R 7_1 E JIT MT-E SU"1X 0. 41 0 C,1,1 1 T11 k1TD STATE OF M�!:�,S , 4 _" 1111 J 9 q ILD 114G k 1�T.&TUILZ GIZ, SYSTIELI F0.2 pU,)S -T G id D 3TUT L o j1, STRT TC T 114 S ALE OF Id T ItIT, ,EIE rilMsj-,OTRTATILON�i O]F 11--1,ATUR.LL GAS TO .1 D.,.,- RIBUTION,I 11�D '31 ralE S A TE,Z,�S ,UID KLTURLL GAS 7J11TM-T, "ID CITY OF 111ICHITA FA11S9 07TID- 0 ,,,X 2LTR�T. Gk. CYSTU��' BONDS AI'D 1 SAID pRESCR -�_-IYG TH-E '_�'0 1-0.11 4 INr,, FOR Ty�E PILYL�d`T OF rrri"-,, PRI11CIPAL All INTEPEST T11EREOFf ,U,-D .T 4 1 W,TG11GE PROVIDITZ �LSO THAT B0DEH SjIjJ, �L BE SECUILM BY k- 1 Ulila'EkL GAS SYSTEM$ Z'D SC ITICH .AIM/O.'a DEED OF 111RUST LTOL _S11ID I, IL SARY TO I)AY TILi Jr.,TEPLE'ST 1.Zj OF IHE INCOL AS IS " CBS T I", ",,D jI.Urr"TCRIZING Oi; 1­,JD -roJ'D3 ANID RE'.2117E T-_-1L,1y 2uS m=, y JIT TTD PEESCRIBING =LCUTI 14 0 1P Lc,U, TGAGGE A1,T.D/OR DEED OF MUST 1.4 .� Q 'T T ,r T FOR -,,-)RCV1DI1,,G THAT LZ ADD , THE FORII.?_� lil-.r-EREOF 2 To', 1 1,Ty PTT.RCTIASER OF S,'dD BOY'IDS 13Y =.= TEMIS, OF sUCII !,'_0R1TGTe',M1]' , T1LILT - - 5 - securing-, this and said other bonds is a lien upon such natural I improvements and gas system and such bettermentst additious $ extensions thereto as are made from the proceeds of this and other said bonds , P.nd is also a lien upon such of the income an(_1 revenues thereof as is mentioned in the deed of trust until the paymerb in full of this and said other bonds and irterest t1lere- on, As additional security for t1he payme.nt of this bond, in case default be made in the 1)eyment of the principal --nd interest upon said bonds as mentioned in the deed of trust, and the same is foreclosedq any purchaser under foreclosure o f sai d mortgage shall have a f ranchi se t o ope rate the system and properties so purchased for a period. of twenty years after purchase , subject to all laws rev-ulatilie. the sane tl�en in force, This bond is one of a series of 'Fifteen Hundred (1,500 ) bonds , numbered from one to fifteen hundred, inclusive , of the denomination of One r"housand ((,�1,000.00 ) Dollars each, ca-. gregat- ing Onr� 1.,illion 7,iive Hundred Thousand (,!��1,500,000.00) Do lars , issued for the -nur�oose of constructing and buildin�g- a. natural ,cres systen for the transportation of natural gas to, and tl-,�e distribution and sale of natural gas within the City of '.17ichita Falls , Texas, arid the ri'-hts of the holders of these bonds are more fully described and set forth in the Or(�inaiice authorizing this series of bonds , under and by virtlie of the C!_,,arter of the city of -.iichit? F-alls , Texas, and the constitution and Laws of the Sitate of Texas , and Dursuant to said Ordinance authoriz- which ordinance i TiE, 'these bonds passed by the -�.oard of t.r.1dermen, is of record in t�i.e Ordinence Records of the City of Falls , Texas . The date of this boiid , in comformity irith tb,e ordinance i. s t'ne i-rst d.ay of Tanuary, 1936. above rflentioned , -I' REOITED that the issuance T iT .-�I]ZD ALD IJ T IS T B ICE '� 1 ' of this bond anc'_ the series of vjhich it is a part is duly author- ized by law and by the C.harter of the Citl.r, and that all acts , conditior,t� ar-d thin��,s required to be done precedent to and in 'the iss-L�ance of' this series of bonds arid of this bond, have beer properly done and per,formed and have hap,-,pened inre!�,ular and due form, time -�Dnd. ra,'-.nner as required by law* .-ichi ta "'ed s , b,\, i ts the City of �J 7­�E-�EOFY Board of .;, "�ernen, has caused its cornorate seal to be affixed hereto) and this bond to be si�,,nedi by its 1,ie,,,,ior, -nd t,-. be attested by the '�-ity Clerk and reE.is�,ered by tI, e City Treasurer, and the interest coupons hereto ettached to be executed b�,r the uiile si-nature of the 1�ayor nrinted or litho,�rranhed facsii. L t- �;ity Clerk as of th-c- date last ab,,)-\Tf1 vf_�,_,itten. lis Texas. C C 'U" _&Y0 P City of E G I Z"Ell, I t City Treasurer , City of ',ichita Fe_lls , lexas. Tho form of couron si-lall be substantially as follows : '25,00 No. T IT' 011 I Ell IS On the First day of Jalyp 19 ( or January as the case may be ) , the City of ."icl-' ta Yalls, Texas, will pay to "ity Treasurer of the City of e C the bearer at tI e o_�-'f ice of tl� - 'he of f ice of tbo 1,'alls., a� �,ivic�iita Falls, 12e�zas, or at 11 Cen tral Hanover Bank & Trast Corfrrany in the City of Ne,,,j Yorkp Dollars, in State of New Yorl-,, the sum of Tvlenty-five (,,25.00) J,aw.ful -money of the Uni-ted '])tates ojf America, be-In.- six months ' interest on bond issued un-�!-r an orl-�,inance adorted. by the Eoarc�. oc tl-,e lr"V Of' _'IcIlIta- Te:�Ilas , fo-,�.- p.,,rr(,,,,e I - -,�trl.�cting and buildInE_,, of secii:oinC -[und­ for �th_- 7,urpocle of co 'ura (-as system for t"he transportation of natural gas to a 271 a L, U Ii and distribution and sale of natur9l gas within the 1-1 It-,,T Of 0 ilic-I-I�11a Falls., Texas, -aId ordinsa-1-1ce bein�,' adopted the day L �:D i7771 never D. 19 but LI e older hereof sl L of any I.,Lave de-iiand p�,,yclont 01-11'Eat , n o fijn,_IIs, ralsed, --)r to be r�_Illsed ncy ta_­at,,-*I.OYIG _D: _7 ,,-ayor of, 7 Y of Te, (112 E­ IITTeIrI: a s 7 t,—b e ty Treasurer jT o, -a Falls,, Texas. C 21 T POM', OF C 03.-P T_�C�T _'i 0 -1 c LIE-1 V7 Im thl- of 117�ublic_ Accounts of the State of Texas, do .,,-.)ereby certify t1hat- there is on file and of record in r-ay ofNice a c-artificate �:,f tll].e attorn'-y Eeneral of the 3tate �)f Te.-las -to the offect- Miat this bond has been slf7,11ed 1*�ie form thereof required '�-y and nd a-Q-r,roved by him a.,--, to U" -ion(' lia: -�sue,.L in con'oi�raitu-y with I-e Cinds t'�at said i be en ,.-.Le Consti.t-ation and La,�Pjs ��f the ,- ate, of Texas ano. "Vith the Chartei, of t"rle Clt�\,- of Te_-.�as, and 1-rat t7he same is a valid an(l blrdin�- revenue obllr-,ation and bon'd u-,-)on t1ae city of the Pro- of Toxac., issued under arl(lby virtue vislons of "Lrtilcle 1111, et seq. , of the ��evised Civil 3tatut-es of 1C.125 of -I.-he ,:)'t a 11-1 e o f Te.:�a s , e in pow er 11 n a 11 t o-��j n s a nd c i t i e s I inc ludincr, Hom e Rule tj e .es to `Lssue, revenu bonds for the purpose of eons tructin,,­, and bul-ldin- natural uas 3 1 Tst&fas., and t1nat saild bond has- day been reE-Istered by nne. T -1:1 FICE iny T-­ ­`21, 3,� �j at Aust- Te-,as, thC day of 0 ---c—0-F-P—tr 0 (4) IL�IID -TIIIEF LS , the mortgage deed of trust authoriz- Is 1; C, ed and adopted by, Board of .jldermen of the City of Falls to secure the payment of said bond and tn.e interest thereon to accrue is in form of this incLenture as executed; end, (5) 'i"IEREAS, all things necessary to m3ke said bonds the valid, bin. din. ,F and legal obli�-ations of the party of the u first part, and to make this indenture of trust a valid, binding and legal instrument for the security thereof, have been done and T)erformed: (6) lio­�fo 7-1 -1-1EITIF011 , The party of the first part in consideration of the n1remises, and the sum of One (��1,00) Dollar ,)aid by the Party of the Second Part , receipt of Y�,hich is txereby acknowledged, and in order to secure due anJ punctual pro reta payment of said bonds and interest thereon, has given, i_7anted , bargained, sold, transferred, mortgaged, warranted and conveyed , L3 _ and by these presents does give , Erant , bargain, sell, trans�er, ,Warrant and convey unto the Partv of the .,Sec�,I,nd Part r,ao r t g a.q_e J . 9 trustee as herein provided , its successors in trust , with full power of' succession to and einjoyment of the riSlits , privile-es, patents and franchises of the Party of the -:-Pirst Part , all Of the following described proT)erty, situatedt 117in- and- beinc in the State of Texas , County of 7.1'ichita , and inany other connties of the State of' Texas in which any of the property hereinafter described mciv ,Iov7 or hereafter be situated, to-wit : All of the netural gas system constructed or to be constrLicted by the city of "i'Vichita Falls, for the puroose of transportation of nc-t- ural g6Ls to -Ind distribution, and sale of natural gas within the City of '�.41ichita Falls , Texas , in- cludin- all naturel -as mains , pipe lines, pumps , booster stations and real estate and right of way, UT)OIJ which said mains , pipe lines , pumps end booster stations may be situRted, also all connec- tions, meters and any other �O ., rOT)erty, real or per- sonal of -:�ny kind cr character used in connection with. said natur-al gas system and purc�iased or acquired �,'rith the revenue bonds issued by the City of `Jchit- a Fal.1s , Texas , for the purrose of construct ino- and building a nati_�ral gas system for the transportation to and Jistribution and sc ­r�' Of nat,-ire,l.-as J.thin the city of io.hita Falls, Texas, whether said real or -oersonal property is herein s, pecificially described or not it being the intention of the City of "ifichita Falls to mortgage c-' - of any kind (r charac- to the bond hold ers pro rata c-.11 propert,) ter, real or persolia-! , vihicb. does now or may hereafter form any part of the natura2 gas SY3tem to be constructed by the City J_ "exas and purchased or acquired by said city of ,�ichitp, _,i�q' ls , L j rived from with s aid revenue bonds above mentioned or -proceeds de the sale thereof. A lien i.s also Fiven upon so rauch of the net income derived froia the operation of said natural gas system each year as may be necessary to pay the interest due on all bon�fts OVt- standinj during tile current rear and to p-ay the principal irpon all bonds maturii-1�7� rdurinC the vear in ,,Jbich the net incou_e is received. In the �,vent of the fnrecloFture of this mortgage by the holder or holders thereof , any purchaser of said natural !7as system under a foreclosure of said mortgage, shall have a �ranchjise to operate the systeri end propert,,Nr So purchased for a term of twenty years after purchase, subject to all laws regu- lating the saine then in force. ' 'ITE j,;J-D 11110 HOLD the above mentioned property$ (7 ) TO T_7"'_ I preir,ises, rishts -franchise , easements , privileges iromunities , appurtenances , hereby conveyed or assicned or intended to be conveyed or assi�-ned and the tolls in c oun revenues rents, issues and profits thereof as hereinabove set .-Porth, to the use of the p,�rty of the second p-_-�.rt , trustee , and to its s-,-ccessors Y10- quality t�erer;f in tr1ist , to the rlatiul'�ej te- 1' -id for +11.e tr,,,pt T)u.t,-rose hereinafter expre'ssed res.pectivelyl ai " I - and of ard core erninc�; the same for the equal pro rata b6nefit L and security of the owners of _Pny oll' tl-ie bonds that may be i-sued hereunder$ at whatever date the se-me riay be so issued, without any pri7ileC(�, , priority or aistinction of one bond over another. ,Lh.e liern of this deed of trust shall extends not only to the patural gas systen ',iere in above describedt but to all of the additiors , extensions and betteiments hereafter made and to 'j'�13500t000 00 in ell e-quipment hereafter acquired fromsaid bonds , or the proceeds thereoff mentioned herein) and- said lien shall also extend to the income of said natural gas systeiri. of the City of 1�11ichita Fallsq Texas, described herein$ which may be acquired hereafter to the -full extent of the ainount necessary to provide for the p,.yment of the interest on all bond"s issued hereunder when and as same becone due and to I)rovid.e recessary and re-luisite sinkin�,, fil.nd for the redemption of said bonds es sarr-e become due and -,)ayable as provided herein. This indenture further witnesses that the trusts , uses, Diirposes , terints and conditions for and upon ,',T hich said above aes'eribed property is cojive-N7ed to the trilstee , -are as follows , 'to-w ! 1 CLE I IT e City hereby covenants and agrees to pay Out Of t' P, 11 11 C) earnings of said system all CnF31,ges for labor and rr,,aterial for the operation and maintenance thereof and elso to pay any and. all. taxes , assessments and levies , if any, which may be legally imposed , ass, ssed or levied upon the property and franchise hereby convey- d and iTitended to be conve-,,red, if the lien thlereof is or right bG he-Ld :3upp-.rjor to the lien of these presents so that the priority of the lien c-iven by this deed of tr-iist C� eserved and the shall at all times be duly maintained and pr I ,'.Iity covenants and agrees at its own c-ost to do r,11 tbinEs that may be reasonably r ec.,,ui red by the sai d trustee to ke ep vl-lid the lien herein created and intended to be created, S2,T Ij* The City hereby covenents and agrees that it will diligently preserve the ri--,,hts and franchise or hereafter -he Constitition created or conferred upon it by its charter or iu - eP and Laws of the St,_n.te of Texas, that it will _ � all tililesIT- - and meintaintor cause to be 1<_-ept ond r.n-aintained, the property herein conve- ed and intended to be ConV �Ted, in thorough repair , qe 'qi e rkin,­ order and condition 9nd that it will from tir. , to ti� Wo I 10 - mak,e or cause to be -rtiade oll such needful and proP-Ir re-pairs and replacements so that the services of said natural gas syste-m shall at all tiz,..aes be Troperly ,-iiainta. lned an " conducted. -�b`e tir,-,es, upon request, The City agrees at all eason, J_ to furrAsh the Trustee wlth a schedule -.,,�it-h reasonable detail, the items oi- the estate, rro-rerty and t7,,ings covered by the lien hereon or intended to be so covered, and the Trustee shall nave full power upon the rViritten request oil the City to convey by way of releases, or otherwise, to t,-ie City or -arties designated by the said City, any -property in t*,�-I.e C, of the City has become inexpedient to i-ise in connection with said natural gas system, when in the Trustee ' s ju,',.,�-_riiient other pror,erty of equal value therefor and subjected to the lien hereof, is substituted therefor, so that such release or con- veyance s'_,�all not injure the secur-ity or right-s of the bond ,lolders. And until (�efault as aforesaid, the "'ity may sell, exchan-e or otlh.er,�-vlse disl-ose such rerson,,il T.i�o-perty used in conrect-1-on with said ntttural -a-, systom as have, become old, obsolete or unusable fro-.-,q any ca-a:,,e v,,Inatsoevor, provid'ed it renews the sa,,-..e or subst-Itirlbes trici�efor other property jud.C=ent, is of equal or greater value, or t1ie proceeds oF' such sa- le irfiay be placed in a reserve fund, lbut it _*1_s ari,�.er- c,tood --nd a -a I greed tl at all renewals or nevi mf�.te_rial and -property obtained in lieu of any such prorerty disrosed of, shali be- covered b-,r and -subject to t1i.is mortgafre. CD AHTICILE iv. The bonds to be issued. 1-iereunlfter shall be signed in the name of the City of '.ilchlta Falls by its ]��avor.. and counter- si,-�ned 1,y -its City Clerk., and its corporate seal affixed, and said bonds registered by the C�Ity Treasurer, 11".11 of said 'bonds sh.allbe in the denomin�,,,tion of ;_yAj000.00 each, and shall be dated tj--Ie f i-rst day of January, 1936, and shall bear interest at the rate of f ive per cent ner annum, payable semi-annually, on the first day of January and July, and sliall contain the terms, conditions an-5. provIsions vihich are cited in the form of such bonds and coupons hereinbefore fully set out in the mortgage CD deed oil trust and shall be numbered and shall -mature in the amount and at the time set forth in the rollooinE, schedulep to wit : 0- - �T BON-D, NuhliE]IRS T-U_,_�ITY DATES I to 27 Inc, July 1, 1939 q27,000 'DS to 9,5 tt Ja nua r y ly 1940 28,000 53 t o 84 July 1, 1940 29,000 8 5 to 113 January 1, 1941 �_,9.,000 11.1 t1-o 143 Jul-,T 1, 1941 30,000 144 to. 174 January 1, 1942 31.,000 P7 5 t o 20b July 1., 1942 31,000 0206 to 237 January 1, 1943 32..000 238 to 270 July 1., 1943 33.,000 2-11 to 304 January 1, 1944 34,000 30,5- to 339 July 1, 1944 35pOOO 340 to 375 January 1, 10-45 36,000 376 t-o 412 July 1, 1945 37,000 413 t o 450 January 1, 1946 38, 000 45 1 to 489 July 1, 1946 39,000 490 to 529 January 1$ 1947 40,000 _11- T F 11� Ili I A,110 UN'23 -T ID RS UI�ZITY D' TES I 01� 530 to 570 InG. July 1, 1947 1..0 0 0 571 to 612 January 1., 1948 42.,000 613 to 655 July J., 1948 43.,000 656 to S-9 9 Janua-y 12 lq49 4 0 00 100 to 744 July 1, 1949 452000 '745 to 790 January 1., 1950 46.,000 791 to 637 July 1, 1950 47.,000 838 to 885 Januavy 1., 1951 43j.000 886 to 934 July 1, 1951 49..000 935 to 9S4 January 1., 1952 50,000 985 to 1036 July l" 19,592 52j,000 1037 to 1089 January 1., 1953 53,000 1090 to 1143 July 1, 1953 54,,000 1144 to llq9 January 1, 1954 56,000 1200 to 1256 July 1, 1954 57.'000 1257 t o 1315 January 1, Iq.5 5 --C,.,Oon 1.316 to 1375 Jilly ly 1955 60,,000 1,376 to 1437 Janu--r y l.- 1956 62oOOO 1,11-3 3 to 1.500 July 1, 1956 63,000 All semi-annual interest coupons shall oe numbered to correspond to the number of the '-ond to ,,�,hich they res-rectively belongp and shall be e-xecuted by the facsimile signatures of the Llayor and City Clerke AH"IDICLE V, In case any of said, bonds with coun-ons belonging there- to prior to payment thereof shall be mutiiated., destroyed, or lost, a new bond includin�� coupons of like tenor and date bearing the sa-me number, may at t�.e di.scretion of the Party of the First Part and Trustee, be executed an,,'- delivered. in eXchange and upon cancellation of any bond and cou-con mutilated or in lieu of any bond and coupon lost or destroyed., upon evidence satisfactory to the Party of t-he Flrs�, Part and Trustee., of the mutilation., destruction or loss of such bond- and coupon and of ov�nership th-'reo'L , and upon indemnity bein�,- furnisheO- said Party of the First Part satisfactory to it, provided., however, that no such new bond or coupon be issued under the provisions of this Article, nor shall any �uch bonds or coupons be entitled to the benefit and security of the lien hereby --reatled, until and unless such now bonds shall be authenticated by the Trustee by the endorse-ment thereon of its certificate of autI).entication .)j_ in the follow--*,'I�z form, to Wit : - 'T 1-1-1 1 C P� E rFC.T�:-',T:ZE1 C-:�-L T AT Tliis certifles tDat 11-he vvit'h.in bond is issued in lieu of and in substitut-Ion -Por Bond Number ;, described in the within mentioned deed of trust' "Nhich said ori,-Inal bond. has been lostp mutilated or destroyed. 14PNOVER T�117`7',� '312-1'" Y, PY: -10- AHTICIE, VI* If defaul"- shall be made by the Cli�.y in the payment of said t)onds, oi, an,"r of t1nem., at the tine they become due and rayable, and such default be continued for a s-pace of six montUbs, or if the City shall f,,j11 to -ray any coupons according to the tenor thereof on presentation of the same, or if the City shall fail faithfully to observe any of the requirements of and stipu- lations oil these presents�, and such default shall continue for a 1, _�eriod of six months, then unless such default shall be waived bv the holders of t''Ie majority in -face value of the bonds then o�tstandingj the TrZtee may and it shall become its duty upon the written reqiaest of not less t".v,.,an one-half o �' t1lie, holders in face value of t'-je bonds 'nereby secured and outs tandi nc to serve a written notice upon each of the Aldermen of the C Y that sUch p-slymert has loccn. demanded and.. default mande, or default occurred in the observance of th'a requirements and stipulations of these presents, which notice shall be served by registered ma- 11, postarre and. re-Istration fees prepaid and addressed to U ,_'- such Aldermen, at the Post Office in- the City of 'Vichita Palls, Texas, and if said default in tiae obser-�.Fance of t'!I.-se presents shall not have been remedied or the installments of ,rincipal and Interest then due shall not have been paid at tne expirat- ion of ninety days from the mailin�7 of said notice to the 7-, 3oard of Aldermen of the City of lie!-i-1- ta Falls, Texas, together �,,7ith _'-nit-orest fit 'U'r-ie rate of' f ive per cent- per annum, from the date of default until t1ile dato of payment, then and thereupon the Trustee shalls upon the written request c)f tsie b.olders- of not less than one-half in face value o�` the bonds hereby secured then out-standing deelare the principal of said bonds then out- standin�,- at once due :ind payable, torre-ther ,,jith all accrued interest and unpaid interest thereon, and thereupon t1he 1:,fhole of the rr1l.ncipal of si)ch b,onds I - , toget!_Ier �,Vitb all accrued and unpaid interest shall at once become duo an(',. payable. Anyt!­Iin�r t-7 is deed of truzit or in said 1)onds to the' contrary notwith- standinr,, and then in every sucl-I case , the Trustee may 1-1ave or talke any or all of 1� 1-c follo-vy�Ln,- remedies or actions; � a ) Inst-t-IMite to foreclose lion of t'1-11.s deed 0-171 trust t; or, (b) To enfo,rce any other remedy or remedies to tho helders of said mortgaF _,e lien are entitled under the laws by virtue of beinr-, the o,,�jners and holders of same and the rir--hts$ titles and equities seciiri.= 9­ e, and the Trustee or any holder or oiine_-r, of any bond, hereunder shall ha;7e the ri,rr,ht and pol,�.7er to purchase said plant and system at foreclosure sale, and in 'the event of such foreclosure o� sale thereunder after payment of all costs and eqenses that have be,,n incurred in the executing of t1his trust and. the sale thereunder, inclucling reasonable compensation to tfie Trustee, its a,,7ents or attorneys for services rendered in connection with the trust estate, and af("or the ro-ay-i-,i.ent of all sums advanced as herein aiithorized with interesE thereon at tfie rate of Ive per cent ,�er annum from. t1le date of such advancey the Trustee shall distribute all the proceeds among the said bond holders pro rata accordinz, to their res-rective holdinns of said bonds, And it is es-oec *Lally agreed that should s-Jit be brou,r-7,ht to foreclose the lie-n herein, and it be held that the said Trustee for any reason is not -entitled to such foreclosure or enforcement of said lien, the Trustee s',�all not be deprived by reason of havin�r brought such -Loreclosure suit$ or any other rif-riats or po7.njers given under the -13- law to enforee the herein created lien but may enforce any other right to ,T,,hich it is entitled by reason of the outstanding bonds hei-eby secured not having been paid. (c ) The Trustee mq.y take any other action, vrhich it deems advisable, and to which it may be entitled either by court proceedings or otherwise for the enforcement of such other leE-al or equitable remedy es may seem to it necessary or proper to protect its rii��ht herein and the ri[-h,ts of the holders of said bonds . r (d) Ever, remedy provided for in this identure shall be cumulative in it s effect and no acceptance or waiver of the performance of any of the obligations ard no delci.ir in enforcing such oblic ations shall be construed as -any waiver of any default theretofore or Viereafter existing in the performance of any other oblisatLons . CD Cut of the proceeds arisirg from any -foreclosure sale or sales V-'e I"rustee shall first defray the expenses thereof, , to,7,ether with its just and lawful charge for services and ex- penses including a reasonable allowance for attorneys fees and also all advances and expeEses reasonably made or incurred by the Trustee in the, operating and maintaining said natural gas system) if said Y)lant s�-ould come into the possession of 15he T--ustee during the pendency of said foreclosiire proceedings or at Lany time PA 'ter the bonds hereby secured then outstanding are declared due herein r.rovided and all payments made by said 4 Trustee for _-harrres or liens of any kind 1).-ior to the lien of these preseiits ar for taxes , assessments, insurance and other Droper charges upon Feid pre�.Uises, toSether i,,,rith intei--est th.ereon at the rate of five per-cent per annum, fr�-P-., date of suclaadvarce or exiDenditures. The belance of said proceeds shall b,e paid 1:)ro rata to and anong the parties holdin- said bonds and coupons , paying all overdue coupons first so far -as may be necessar%- to pay the amounts then due u-Don s aid bonds and coui)ons includino- the prin- cipal and interest computed to the time of iwakin-, alld if an-�v of seid *)roceeds then re.-Liain, the remain, er shall be paid over UO i,,-e City or to its assi.-ns. T 1, ' e �_Frustee may purchase and hold cany bond or coupon issued hereunder li.,, Lt�_,out ira-pa%_' rinc- or re.stricting in anl �V.�ey its ri)c,,hts to act as Tri_,,st(��e hereunder e,.-,,d a t any :� ele o- !�ele s --lade r losin- t, ee 'Ie rlorV-n�-e lien b- this deed of triis;t any bolder of ond.s or c o upo n s may nurchase pro-perty sold ai�u in the event (D-I such nurcheze url:%, such holder be allowed a credit as so much cash paia for so much o-.-* the -nurci`_1 I -ase money as shall be a -proper share or div.i.dend to which the bond and coupon held b,� said -,nurchase�r shall be entitled frora the purchase price ; and in the nvert the Tr,,i_- tee shall bid or. �- aid- to P. credit on the purchlase price property it s� all be entitlea for an amount cqual to th3 ful-1. a�i,ount found to b-e due to the 4 Trustee (itself anCl, as rer-Iresc;ntative- of SaIrd bond holders by the jud-Ment or decree of the forec-losure. other paper or docurient believed to be genuine rind believed to be si-ned by the proper 'party an(�. the Trustee, shall not incur any liability on account of any act doiie or onitted to be done in Llood faith urder the provisions of t1ris deed of trust. It shall be no part of the duty of tije mrustee to see to recording of this indenture as a mortgage or conveyance of real estate or personal property or to dj any other edt which may be suitable and proper to be done for the continuing of the lien of this indenture or for givinf, notice of the existence of such lien, nor sball it be any part of its duty to e ff ect insur- ance against for or other darnage or, any portion of the mortgaged property, or to renew any policies of insurance or to pay any taxes or assessments on any of said proDerty or to keep inf,orif, d or advised as to the existence of insurance. or -as to the of ?n7T , ta::es or assessr-ents that iiiay be imposed upon the propert-,y, real or ­)ers(,nRl, sou­ht to be affected by assessr,"ents but the Trustee mey do an,17 or all of the matters in its discretion, -o and thin�-s in this narap:raT)h set forth or require the sarae 4u be done. The shall only b.e responsible for its ovm Pross ne�,lil�-ence in the T)er-forn;ance of t1te trust and V�.e -orovisions hereo�. ARTICLE' U. The 12rustee; shall be under no obli -ation tore'cognize env person, firm or corooration as an o-,,.,ner �'r holder of one or f more of the bonds secured hereby Or to do or refrain from dr-)in-,, any act pursuant to the request or deriand of any person, firm or corporation professing or claiiAne_ to be such or holdler until such supDosed owner or holder shall produce the said bond and derjosit same 1.4iith the Trustee and sh�nli indemnify and save herialess the Tri.,stee to its full satisfaction -["rom any _)nd all costs OXT)OLS'es outlaIrS 1 1 17 and counsel fees, and other reRsonable disbursernents an(� danages for which it inay become liable or re- si�onsible, in proceeding to carry out such reqiiest or deftiand. .1dirl"IME -,rdI. 1111 recitals lle�reirL contained are ,.i�Lde onbehalf of the City and,- the Tri-1'stee assuiiips no responsibility as to the correctness of any state�.�ient herein contF,,ined. The TPrustee end its succesSOrS shall h9ve no res-ponsibility as to t�ie validity of thi -,z trust or zao_rt�­sr-e, nor -cis to tl)e, execution I or rec.-)rdir_,,-, laereof ror ment as to the Li ]kin,_ Or rerewal there- r as to the ariount or extent of the O.L $ as �i� chattel ii,tort-a�c7e$ C no security 9_ f,forded by ti-e pro,)erty covered by this d.eed of trust or rfiortra­e e.rid the -11rustee shall riot be in ary -i. ay lip-ble for t1jr con,sequence of ary breach on tl�e' part oi' Sald City of the (�ovenants �,.erein contaii.,,ed nor for E.ny other act or -'Uhlin,� !�ere- ijnde�r excep t i ts ovjn i!e,,`1 1' ' :e-TIC e idff.1112!�E It is hereby deci,-:4red End agreed es a condition u,.),,)n ir,.-hic 'i each, SI-CCeS31ve holder a_-11 or ��n­ of such bonO,s andl E-,.n,,, I -1-i - honds received or all of tYle (,ou-oor.,z i1or '(,.�� e int,­,rest 01 sei6 and 41,io"Lds tha sEllle , that no hol'-e-rs cf ,.r,.y of said bot-r� s or cou.-Ions shall. ha�ve the ri-ht to institi..Ae uny -proc.eed.in--s cither at iaw or in or any c.riaract"'er or kind tl�e -or ec 10 sure o" thi -,- indcntu-_­e, or fo-r th,� exe-c'ution of thc� 11-Ust ­ reof or i-,ppcinttilent of a i—ceiver or for any th re� iedy u.�_)der 0 _'_ rraortrra�r-e cr deed o � tru2t or the lien created , or r wi )Ilt 4'irSt -ivi.,i,-, not'ice in vTritinE tj tile 'T'rustee Dthcr'.'Jise $ L� of default 'qaviyl.A_� been niade eirl coTit-ii,t).ed ,-s aforesaid , and un- less t.he ho_-Lders of ori­-h,,,] f of t�Le then outstan(linc h(.-),_ds have in -,,,,Titinr; notified and reTiested the said Trustee to act as )T - ortunit, has beena ff'orded above -,,)rovided, (Lr.d a reasoaab] e oj�-I - � to tre Trustee after recei-t of such. notice and request , to �,)ro- ceed to exercise t2­,e Powers '­_reinafter -ra-1-- ted , or to instit'IteJ U such action or proceediliC in t,)-e Trust,::els ovrn r-aTI L nd -��.-itjjo_j'kt e e -c 1 rLst hv,,vi.,,;-, o_'fered to 1 'I'ruF idecvl�ite inderrinity acy I.-'-)e cost ?nd ex-eTlses _�nd lie-bilities to be by L,�ie Mr,_istc.e incurred ti,erein and t-l-lereby , -n�,. such notice , request and offer of inde�fcmity may be required by t1ie 1rustee as col-litions --e- ced.enit to the exec!.-tion of' t',,te j)c),:,(,-rs and tri-ists of this itier- ture or to the insiitlition. of any action r-ithej� at 1,?w or- in or any _re.,.�Aedy _`_ereunder , equity foi- thD foreclosure bereof, or L or ot�ierwj_qe in case of such default Lis aforesaid in t-l-,e pq� raent of the principal of Ln of' said bonds , the (),,_,yraent of ar-,T semi- annual im talliiient of the interest thereon or any att-ax default of the (Iitlr its s,�ccessors oy qSSICS-113 or failure to -,nerfnriIi ell Y o f th e c o ven a n t s or S t i p u 1,2 t i on ss- h(-,r e o-f, t o b e k e p t d perfor-ied on its -I)art. The books, records and accounts of the natural -as s-stem -shall be so kept by tlie city as to show clearly P.nd accurately 'the araount of the Gross -ecei-,.-,ts derived from the sale of natural gas ard fIrcT,,1 all other sources , also gross oper- atinE. expenses, taxes upon said syste-m, if any, losses from uncolleclible accounts, accidents and other a) ntineencie.s . also net pi-ofits and losses , if any, for each �eerls business from operations , _­nd such e3qpenditures and the annual report ther,eof shall be delivered to the tr,-,.stee or to tile 11ay`01" of said City. ,U'�T 1 C'IZ 'Tvr* ',7henever the teri-,,! lfl2riisteeft occurs in this ir_EtrL1:�,I(:,nt it Sh-ell be construed to nean Trustee for the time being. ARTI(�iL _Zvi. Any ,,,rj:,,Stee hereunder may resign or discharge it or hir,qsclf o'L and fro.-a the trust hereb-T, created by notice in -,;,1 ri.till n. ,--iver to +*i,,P. City three months before such resignation is to tp-.I,.e effect , or such shorter time e.s +V',e \Clity malT accept -�Ls suff icient notice , and in case of a vacancy in the o--,-'f ice of the Trustee by resiign2tiol, or otherwise , a suocessor nay be a - irted Pic by Vrie City by an instrunient in wri.tinc- dutly si-ned and Pclkncw� - led��'ed, and which instrLatient shall be recorded in the office of th.e'��'County Clerk of "'.-ichita Count-�,.,, Texas , and in the event said City does not ,­Athin thirty days after a vacancy has. occurr- ed appoint a new tr�-,stee or tr-,_,,stees , then ir. sucL event , the r holders of a ma4ority of the bonds tllaa outst,?nd inc- b� an instrum ent d,-,Iy si-,ned and executed by thei:m, may appoint such Trustee, which said instrw�ient shall be recorded in t1le off ice of the L]ounty Clerk of -.2ichita. Count-,-, Texas, rnd said -_'Irustee or Trustees so appointed by the 11,ity on said LlLejoi�!_Jty. in interest of said b,)nd ho-Irlers sha-11 on its , his or their acceptance of - 17 - its, his or tlielr caw,)oirtme;nt -'U-I�ereby end tlrereu�,on becomte aiid be vested i�vith �;11 ih'- e 'ri-.hts , poviers , estates and interest L�ranted to or conferred ii-pon and acq1_-(ired by -('-,'he -_`Iarty of the "econd Part by t'-, ...ese ­,resei.As vrithout ar- further assurance or cnriveyance whatsoever. -&2 T T C IL, -1:1111 T.he,re shall be -and is set as�� dle fropi t,,e inicoire derived R from the o-)erations of the said natural -as s:,stem and any ex- tersions tl,).e- eof, to be kept separate from arl,,r other funds , and which stall be CUrstr,.�ed �7,; -a se-arate and distinct fund to be known as the "hTaturai uas System Bond ai-.,d lnterest .';edei-�iption .Lccountllf a stifficient f"und aach year to provide f,,-).r the payrment of interest on all outstandinb7 bonds herewitli provided for end the principal the:L-eof as each and both of same shall become and be due and payLble and said. fund shall be u� ed for no other pur- 1Dose until and after all of said bonds shall have beer, paid in .Lull, together '�Ath interest due thereon. .L�TILCLE' iXIII. The rate ch�arged for the service furnished by s -�-"id na,tural gas systern shall be equal arid. uniform and no f ree service shall be allowed to the City or any institution operated by gaid City, and a sufficient rate shall be charged for natural -as trans- ported to and distributed and sold within the said City to the inhabitants to pay the interest on all bonds outstanding and princin,al of all bonds as the same Tiley become due and payable and to pay such other charges as are required by law and the rate necessary to )a,,,, such interest and Princi-)al of said bonds a-rid such charges as are required by law to be met is hereby fixed at the sira of Fift- Cents -oer thousand cubic feet to wl,.ichrate inay be added any taxes vaich may be hereafter irvied by t1le City of i c�)_i t a allg or t1le State of Texas unon t�ie -oroduotion, sale , trans-,�ortEt '.o_n or c�istributior of nat �rel r-as within seid Cit- or Stete. It is hereby co-venented and agreed by the City o--,' ','.,,icliita Texas , v1th th.e Trustee herein, and holders of the bonds herein issued or to be issi.ied, or any of them, that said City will faithfully and judiciously perform all duties i-ith reference to said natural gas system and the o�eration thereof, required by the Constitition �_nd Laws of the Stete of Texas and the Charter of the City of "U'lichlita Falls , includin- the making of a reaso- nab-le E,nd slifficient rate for services rendered by said netural gas system the sef-regation of the income aild reverues derived f rom the operation of said Y-)lant and appli cetion of the sai!le to t he �)ayrfient of the bonds herein Fild interest thereon herein mentioned. The City flurthe_r coveiLants and agrees to and iNith the Trustee and the owners of said bonds to ke-e- and ra�iintain in -cod aondJi.tion or have kent and riiainta.ined in -,"o,,)d condition the, said natu-ral gas system and to ope rate or have ope-1-ated said natural. Sas system in Ln e ff icient manner and to collect such rates and c'-.arges for the services rendered b-,.r !�Pid system � ithin. the lil'ilits provided by law so that V�e net revenue �ird income of said natur�-.l T Zas system will be su,' ficiart to -rovide for the -pali,-,ents cff t-e bords �-Irein authorized t-_ be issued and interest, +��ereori as sa-i-le become due and payable. - if 9"id 1,crty ta, t�-io ',-)art shall we'" 11 ts d cl!�'fc e( �i e-n a-1; t s E-n d a r:'r e e- D )ri,i a.LL c D Liellits herein ar,d in s aic, bor:ds taken to be r,iade o-r. C­ C;rm- cd by sc-,i-d lirst -:,arty then. these -prese_,Its and". tile estate "-ere- bv i-ranted shall deteri,,.ire 2nd be void, Md u-)on proof beir - -:311d nt of I St f2 C Ziver to the satisfacti-cr I)f 4, all costs , char-es and ex�,eilses ii'ic'u_,_red b': the �._rl_istee in ll df-�] iver to the Party of rel'ation tneretol said -Llrustee sl-iaL � J_ - -ereto , P11 T�IirSt 71,1jr+ 1- L the - 1, or �whr�)soever sh-lall be ei�titled t' I the the 'Urooerty in its h2nds subJect to this irdenture ?rc 7r L,hi 3 id,er-- �;!-Ica s'rjq, lie'l evidenced. t`- ereby, ca-roel- and satisf ture -,nd all lieTis evide, ced t,"--ereby, of record , and said Trust- ee , or its successors , shall have, full '_��ower in sapid eve7it to execute and, deliver all recessary releases . I - T, fl�e r n every case of pa�ia(-_�nt of the bond,s and coupo s ':' -e-- by secured, s aid bonds ard coupoos so paid shall be forthwith surrendered to sai�. 12rustep to be by it cencelled. and d.elivered 7 �,-itl-�out cost to said "Jity. to F) aid cit.," ITI7 Vj_ iLi All t h e covenants , acree,,len ts 1:.in d _4 t ipu_,.,:. t ions here.- in undertakem tot, e perforl-ted by and the ri-hts conferred u on the resrective )arties hereto, shall be binding upon --,lid inuy�e to the bene-lit of not only said parties respectively, but also their res-�ective heirs , devisees , reoresen-tetives , 'r.lxartees successors and assigns. id'L TIA C L_-7 1:i The Cer-Aral Hanover Bank _-nt� Tri.-.st rlorapany herein ilaT:ied as Trustee h�ereby ccce-rts tl,-e tri.1st end ob' J ,­ 11,:,ation h1ereby ija.T)OSed or. i-t $ end as evid.er,ce of s(iah. acce!,-.-,tance has signed these presents. 11. T'Tl,-,-1 "'0 the City of �111`ichita Falls , Tex,-f-s , i I J.'I, I "Led witt hes caused ti.,..ese to be si�--.ned by its Layor, sea its corpor-e.te seal , and attested by its City Clerk, for and on its behalf, end the Certral Hanover Bank and. Trust Contpany of the Citv of hew ',.'Ork to evidence the acceptaiice of the trust ents to be signed on its .erebir created bi.s cuused these tres behal� by its proper olficer, sealed with its corporate sea! and attested by its _E'e-cretary, on the day emd ITear first above written TIa.; CI—r oF FALL-)$ By_ city 727r-7— C URUST B .4i Secretary, 19 OF n"E-,-'- L C OUI 2 B, fore me , the under.-igned authority, in and 'or 1-,Tle !�'ore,-oin.(, state arid CountIr oil this day personally 3ppeared �T. T r Youne, and J. '111. Crouch, I.Ial, or and City -l(--.,rk-, FeST'ect.vea-yr, of the Cit-v of ',,ichita Falls , Texas, known to .,ie to be the of�,rsons whose naries are subscribed to tl--e fore-,oirg 1nstrIX:ienIt arid ack-nov,.-- ledsed to i-.,le that they executed the for the purposes and consider,,;tion therein expressed and in -lu-ne caoacity t1rereir- stated, Given under my hand and. seal of office this the da�7 of D . 1935. Notary Public , �iichita County,Texp-s . STATE OY" N�MT YORK C OUJI.i IrY 0-7 1 Y 021: 13efore tue , Vie undersicned authoritv- on thig day C� � 0 -lersonally appeared and the and—Secretary res-pec�ively 31ZCentral 7-ust C) ±1 4.k* uanover Bank r ompeny, knovaa- to me tobe the persons whose names are subscribed to the L'nreLoinC, instriu.-ient , and ,--cknow- ledE-ed to ne that they each executed the serie for the purposes arid consi-'e-ration therein expressed and in the caT r pacit-N tiErein stated. Given up-der my herid aand seal- of office this day of -A. D.1935. I�otary -�,ublic , IIevi York County, 7—aTe of hew 'York. s The Citv of `ic�iita Falls Texas expressly reclognize the deed of trust lien of the aforerrientiore d deed of trust created as security for the o�-:ner end holders of' the 'nords herein for the -�ayiljent of Princioal and interest on said bords as saiiie become due ,�,nd pavable and Vi-e L-Tayor of the City of 'ic.qitap -Yalls , Texas, is laereby authorized %nd uArected to execute, on beh�ilf of said City C 0111- pany of T to the Central Hanover Bank &- Trust 1"evi York Uity, New York, a deed of triist upon said natural 0,as system as fulLy described and set forth in the form hereinabove set out , approved by the Bo-ard of L'ide-rien of tle City of .'Achite. �"alls , endll. the. iS 'r,,ey-et),,r a. -i 2 ut'flor ed a,,,d 'Iirected to affly tile corror- - 20 - rate seal of sai-O City thereto to f-�ttest the sardep Eirid t17�,e CI,Aural gas rid all extensions V-tereof nade frori the pro- ceeds derlved frow the sale o--'L' said bondls, sl'i�-11 �- efain subject to said mortg,&-e and deed of trust mitil I[,he payment in full CD of the -Drincinal and Interest of the bands herein authorized to be issued. Upon the delivery to and Receptance by the rustee of r.-,rUSt I of the Deed nerein provided for, the 1.,.--yor of t!�e City of -Nichita Falls is �Iereby authori7ed. and ,irected to dispose of the aforesaid bonds , a�-,,c-re�ratin- the win of -.1,500,000.00 , bein- the bonds ex�. ressly Specified herein, in. such m'ay ar manner as my b�� directed b7Y the C.-'ity Couincil of tl,e City of ""icilita Falls as -provided for in aceni-d with legal -)T-oce,.�ure . -)f trist be and is hereby approved That the s aid d-eed (- and the I-Tayor i:3 hereby authorized am.d directed to execute said -mcrtgarre and deed of trust and the (,lity �1, to affix tbereto the corT-Wrate seal of the City of J-ichita Fells and to tallce any f7,nd all steps necessary for the proper filing E,nd recordinF of said deed of trust . -d conferred upon- the purchaser There is hereby -ranted a, or -ourchasers of the riat,-,ra"' eas systEri and properties covered by said niortr:*ege and/or deed of trust by the laws of the State of Texas a 'ranchise, to operate said natural Eas systen, and pro- oerties w purchased for a t errn of t werty y1ears froin the date of such purcillase subiect tc, all laws of the State of Texas rer!u- latir-C the same thEn in force , and subject also to tl,he charter end ordi.-nances of the City- of�',.Tichi ta Falls remil ati r-- sai d Ir- tural -as s:,steiri - d t is nt o d such f railchises then. in force , ail h 7a f said frenchise s'-Iall be irrevocable until all bonds !:�ecurea- by said i,-,orteace and/or deed of tr'ust ard all interest t,)ereon shall -r o h r ave beer. fiO.ly )aid or cfovisior r:iade for toei t 0 t e Wise Cancelled as Provided in said iaert�y-�Ce and/or deed of -�.r'u3t. - 21 Q The o f t C"i ty o ic�i ta 11 s sl�a 11 he !�!'-,d -is T-1.e eb,, caut"'orized to oi a- '-, ! neclessa.y reco�ros injce- the iuvestiC-,ation b,,, -�,tt 0:, ti .- Lf�i�-ality tii.i s boml i ss ue end s�i nil J,Fj'K\-e C', o 1-41" tI:i e ds -h S euthorized, pendin& approva-i by t��Ie (-�eiiere" , ,- nd int i Citv '-�ierk ��-nd Cliv of connection the Layo-i:, , �Lre '-erebl,7 directed aTId em.nw,rered to dr) all. thin�.7s r,.ecessary and convenient to accomplish t�ie pur��os& rf ordirt,-lice. 3--1 ces resolutions or orders or any parts T�T. thereof in coni", ict with' t"le -)rovi s ions n P 4;1h is n d a-e hereb:r repealed to t"--I-u of 0' 1 i 0 t- 12-11 O-rd.ill , lice W-I ed on tle tIird ard 'Ll JL a-di t h i s tr,e -�rday o f i1yo r, of 'a ty of c h]. Texes ty k.