The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1913-05-15
STATE OF MAINE
ss. SUP. JUD. COURT.
SOhbn' In Equity.
rEDERAL TRUST COMPANY

..ppsrr So. SUP. JUD. COURT.
FEDERAL TRUST COMPANY
onru ANsoN LUMBER COMPANY
T TO the Supreme Judicial Court IN
rd daui' Trust Company, corpora
.,,n organized and existing unoer the
laws Of the Gom aatnS ea BOSTON To- IN the
cantv Of Suffolk, and Commonwealth
If massachusetts,. as trustee unaer anu
M virtue of a certain trust lnueruIe
OF or of August, A. d. 1908, and recorded
u sn Somerset Registry Of Deeds. book
soo nages 412-450, and In the ONCE OF
the town clerk for the Town OF Arson,
racords of said town. in book Z, pages
tsse4e3. and of after acquired property
s,nder said mortgage described In DEED
recorded In sssa n, oo onS sales reeorded
% hook G. pages 145-147, 1877, 220, 263,
~ the town records of said Arson, said
mortgage. and deed and sales sales 1eing
ssompany by North Arson Lumber
Sompany, a corporation organized and
oYisting under the laws of the state
of Maine. and having It's principai
iaqe in the Town of Arson aforesaid.
nd copies of said mortgage, deed. and
sales to be hereunto annexed and MADE
TT
ppeid North Arson Lumber Company.
anp Said North Arson Lumber Com
many on the fifteenth day OF August, A.
n 1908. by it's trust indenture or mort
page deed of that date. duly executed
I'D recorded as above copy of which
Ia hereunto annexed and made part
OF this bill, granted, bargained, SOLO,
INTO the plaintiff. it's successors and
assigns. all It's property of every kind,
name and nature, whether real, per-
sonal or mixed. dn trust to secure the
navment of the principal and interest
Of a proposed issue of fifty thousand
dollars OF first mortgage coupon BONDS
Of said North Arson Lumber Company
bearing date the fifteenth day OF Az
gust. A. d. 1908. and payable the nj
feenth day of August, A. d. 1923. with
Interest at the rate of six per cent per
annum, payable semi-annually on the
6fteenth' day of February. and the ff-
teenth day Of August in each year.
g. Said North Arson Lumber COM
many made and duly executed and is
sued its, said nifty thousand dollars Oh
g. The said trust indenture or mort
gage securing said first mortgage
bonds, provides in Art. XIV. OF salo
Lumber Company SO covenants. that.
IF the company make default in the
payment of interest on any OF salo
bonds, and such default should con-
ter said interest shall become due and
payable, the trustee may, and upon the
written request of the bondholders OF
fifty-one per centum In amount OF the
bonds then outstanding, shall declare
the whole of the principal of all the
bonds to be Immediately due and pay
able, anything in said bonds or herein
contained to the contrary notwith-
standing"
4. The plaintiff alleges that default
has been made in the payment of the
interest coupons due Feb. Is. and Au-
gust Is. 1911, and Feb 10 and Angus.
defaults have continued for more than
ninety days; that the plaintiH as
trustee under said mortgage having
been requested so to do by more than
fifty-one per cent in amount of said
bonds outst anding, has declared the
whole of the principal of all of said
bonds Immediately due and payable,
anything in said bonds to the contrary
Notwithstanding; that the plaintiff as
trustee under said mortgage has been
request ed by the holders of more than
ffty-one per cent of the bonds out
standing, to foreclose said mortgage.
D. That on the twenty ninth day of
october, A. d. 1912, the plaintiff gave
TO the defendant written notice that
the principal of all of said bonds i'm
mediately due and payable, and like
notice of all the other matters speci-
fled in paragraph four of this bill, a
copy Oh WHICH HOllCe is ueTtuillO All
nexed and is made part of this bill
WHEREFORE THE p l. A N f F
PRAYS:
l. That the total amount of the
principal of the bonds secured by said
mortgage. together with all accrued
and unpaid interest thereon, shall be
declared to be Immediately due and
payable
2. That the said North Arson Lum-
Der Company shall be ordered to sur
render Immediately to Federal Trus,
Company possession of all and singular
the mortgaged premises and property
of every kind, name and nature.
8. That the plaintiff may be author
lied and directed, with or without en-
try upon the premises. as 1t may see
fit, to sell all of said property as pro-
vded by said mortgage, giving proper
notice thereof, as said mortgage may
provide and as this court may order.
4. That it shall be further authori-
zed and directed to convey the property
so sold. by proper and sufficient deed
or deeds thereof, to the purchaser or
purchasers therefor in fee simple and
absolutely discharged of all and any
of the trusts specified in said mortgage
5. And the plaintiff prays for such
other and further relief as the nature
of the case may require
FEDERAL TRUST COMPANY,
By Samuel A. Merrill
It's Treasurer.