The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-08-30
OLAA GIVES
A MORTGAGE
To Bishop & Co. Under
Terms Of Agency
Contract.
tFrom Saturdays Advertiser)

Sugar Company, Limited, ana -. M
Damon and S. L. Damon, carrying on
the business of bankers in copartner-
] ship under the name of Bishop & Co.
The parties are identified in the in
I strument as respectively the "mortga-
gor comps NY and the mortgages"
In the preamble the following facts
are set out
1. The mortgagor company is en-
powered by its articles of association
/ to borrow money for the purpose of its
business in such amounts as may from
time to time be required, and as Sc
curity for the repayment thereof may
execute and deliver a mortgage or
mortgages of its property.
9. BY an indenture dated June %,
1904 the mortgages We're made the
general agents of the mortgagor COM
pany for the purposes therein mention
ed, and the mortgagOr company there
by' charged all of its assets, subject TO
it's bonds then outstanding, with the
payment to the mortgages of all sums
of money then owing or which should
thereafter be owing by the mortgagor
company to the mortgages, and agreed
with the mortgages that it would on
demand by the mortgages execute to
the mortgages a legal mortgage of the
said assets subject TO the said bonds to
secure the payment of the said money.
g. The mortgagor company is in
debted to the mortgages in the sum
of $685., 6ls.3S, a little more or less, of
which sum $40O. 900 is evidenced by
eight promissory notes of the mortga-
gor company for $4,000 each, all dated
July /, 1904, and payable one year after
date to the order of the mortgages
with interest at per cent. per annum
payable monthly
4. Pursuant to the said contract of
agency the mortgages have requested
the mortgagor company to secure the
payment of the said eight notes and
all other sum or sums of money which
are now owing and which shall at any
time during the continuance of this
security be owing by the mortgagor
company to the mortgages on any and
every account, together with interest
as already stated.
! 5. AT a meeting of the directors of
hhe mortgagor company held in Homo
lulu on July 10, 1904. it was resolved
that the mortgagor company convey
to the mortgages, by way of mort
gage, all of the assets of the company
present and future Subject only to the
bonds of the company then outstand-
ing and to the deed of trust dated
August l, 1900 executed by the mort
igagor company to secure the bonds),
such mortgage being to secure the pay
ment of the said eight promissory
notes and all other sums of money ow-
ing by the mortgagor company to the
mortgages on any and every account,
together with interest on the daily bal
ance of its Indebtedness to the mort
,gagees at the rate of per cent per
:annum payable monthly, and also of all
sums of money which shall at any time
hereafter be owing by the mortgagor
company to the mortgages on any and
every account, together with interest
as aforesaid The president and treas
urer of the company We're by the same
meeting authorized to execute the mort
gage, a copy of which was submitted
to the board of directors and approved
by all of the members thereof.
Then the lndenture witnesseth that |
the mortgagor company, in pursuance |
of the agreement and the resolution |
above mentioned, and in consideration |
'of the said sum of S63361S.3S, including |
the eight promissory notes for $4,000 |
each, and in consideration also of a |
covenant by the mortgages therein |
after contained, doth hereby grant |
and convey unto the mortgages and |
their heirs all of the lands, tenements
and hereditaments situate on the Island |
of Hawaii, Territory of Hawaii, mem
toned or described in the deeds and |
land patents" hereinafter mentioned.
The list of deeds and patents numbers
II. comprising an aggregate of about
14,#G acres.
All other lands, tenements and here
'ditaments and all shares or interests
in such wherever situate, now held or
owned by the mortgagor company or
which may hereafter be acquired by
1t. its successors or assigns, during the
existence of this security; and all the
reversions, remainders, rents, issues
and profits thereof; and all the estate,
right, title and interest of the mort
gagor company, both at law and in
equity, therein and thereto, are with
the lands above mentioned granted to
the mortgages:
ITO have and to hold the same to-
gether with all buildings, improve
ments tenements, rights, easements,
privileges and appurtenances to the
same belonging or appertaining or held
or enjoyed Herewith unto the mort
gagees, their heirs and assigns forever
subject nevertheless to the mortgage or
deed OF trust dated August /, 1900. made
by the mortgagor company and of rec
ord In Liber 2l5, on pages 81 10 20, Ha-
wailan Registry OF Conyeynnces, and
Ia the bonds for one million, two hum
dred and MY thousand dollars Ol,2b0,-
O00l thereby secured"
Leases are demised as follows
From W H. Shlpmnn, % years from
May D. 1893 ~ lana In puma contain
Ing 8sls acres, from W ~ Ahipman
nNe ypaIs from pos la 1899. NJ land M
puma containing s1p acres fnm Henry
~ AmHn and nlhru, dalri Nov n
lsHs uDm liHRnlIan lHni ANA iWl
pnairurni lnY lrH irAu fWm Ann
ll lml m A. a.IfH nf hnl ln Pane
fhfGr ale ai0 W.lNifi 900 uHlWH
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