Exhibit (4)(b)
SEVENTY-FOURTH SUPPLEMENTAL INDENTURE
Providing among other things for
FIRST MORTGAGE BONDS,
6.50% Senior Secured Insured Quarterly Notes due October 1, 2028
______________
Dated as of October 29, 1998
______________
CONSUMERS ENERGY COMPANY
TO
THE CHASE MANHATTAN BANK,
Trustee
Counterpart ______ of 100
1
SEVENTY-FOURTH SUPPLEMENTAL INDENTURE, dated as of October 29,
1998 (herein sometimes referred to as "this Supplemental Indenture"), made
and entered into by and between CONSUMERS ENERGY COMPANY, a corporation
organized and existing under the laws of the State of Michigan, with its
principal executive office and place of business at 000 Xxxx Xxxxxxxx
Xxxxxx, xx Xxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxxx 00000, formerly known as
Consumers Power Company, (hereinafter sometimes referred to as the
"Company"), and THE CHASE MANHATTAN BANK, a corporation organized and
existing under the laws of the State of New York, with its corporate trust
offices at 000 X. 00xx Xxxxxx, xx xxx Xxxxxxx xx Xxxxxxxxx, Xxx Xxxx xx
Xxx Xxxx, New York 10001 (hereinafter sometimes referred to as the
"Trustee"), as Trustee under the Indenture dated as of September 1, 1945
between Consumers Power Company, a Maine corporation (hereinafter
sometimes referred to as the "Maine corporation"), and City Bank Farmers
Trust Company (Citibank, N.A., successor, hereinafter sometimes referred
to as the "Predecessor Trustee"), securing bonds issued and to be issued
as provided therein (hereinafter sometimes referred to as the
"Indenture"),
WHEREAS at the close of business on January 30, 1959, City Bank
Farmers Trust Company was converted into a national banking association
under the title "First National City Trust Company"; and
WHEREAS at the close of business on January 15, 1963, First
National City Trust Company was merged into First National City Bank; and
WHEREAS at the close of business on October 31, 1968, First
National City Bank was merged into The City Bank of New York, National
Association, the name of which was thereupon changed to First National
City Bank; and
WHEREAS effective March 1, 1976, the name of First National City
Bank was changed to Citibank, N.A.; and
WHEREAS effective July 16, 1984, Manufacturers Hanover Trust
Company succeeded Citibank, N.A. as Trustee under the Indenture; and
WHEREAS effective June 19, 1992, Chemical Bank succeeded by merger
to Manufacturers Hanover Trust Company as Trustee under the Indenture; and
WHEREAS effective July 15, 1996, The Chase Manhattan Bank
(National Association), merged with and into Chemical Bank which
thereafter was renamed The Chase Manhattan Bank as Trustee under the
Indenture; and
WHEREAS the Indenture was executed and delivered for the purpose
of securing such bonds as may from time to time be issued under and in
accordance with the terms of the Indenture, the aggregate principal amount
of bonds to be secured thereby being limited to $5,000,000,000 at any one
time outstanding (except as provided in Section 2.01 of the Indenture),
and the Indenture describes and sets forth the property conveyed thereby
and is filed in the Office of the Secretary of State of the State of
Michigan and is of record in the Office of the Register of Deeds of each
county in the State of Michigan in which this Supplemental Indenture is to
be recorded; and
WHEREAS the Indenture has been supplemented and amended by various
indentures supplemental thereto, each of which is filed in the Office of
the Secretary of State of the State of Michigan and is of record in the
Office of the Register of Deeds of each county in the State of Michigan in
which this Supplemental Indenture is to be recorded; and
WHEREAS the Company and the Maine corporation entered into an
Agreement of Merger and Consolidation, dated as of February 14, 1968,
which provided for the Maine corporation to merge into the Company; and
WHEREAS the effective date of such Agreement of Merger and
Consolidation was June 6, 1968, upon which date the Maine corporation was
merged into the Company and the name of the Company was changed from
"Consumers Power Company of Michigan" to "Consumers Power Company"; and
WHEREAS the Company and the Predecessor Trustee entered into a
Sixteenth Supplemental Indenture, dated as of June 4, 1968, which
provided, among other things, for the assumption of the Indenture by the
Company; and
WHEREAS said Sixteenth Supplemental Indenture became effective on
the effective date of such Agreement of Merger and Consolidation; and
WHEREAS the Company has succeeded to and has been substituted for
the Maine corporation under the Indenture with the same effect as if it
had been named therein as the mortgagor corporation; and
WHEREAS effective March 11, 1997, the name of Consumers Power
Company was changed to Consumers Energy Company; and
WHEREAS, the Company has entered into an Indenture dated as of
February 1, 1998, as amended and supplemented, ("Senior Note Indenture")
with The Chase Manhattan Bank, as trustee ("Senior Note Trustee")
providing for the issuance of notes thereunder, and pursuant to such
Senior Note Indenture the Company has agreed to issue to the Senior Note
Trustee, as security for the notes ("Senior Notes") to be issued
thereunder, a new series of bonds under the Indenture at the time of
authentication of each series of Senior Notes issued under such Senior
Note Indenture; and
WHEREAS, for such purposes the Company desires to issue a new
series of bonds, to be designated First Mortgage Bonds, 6.50% Senior
Secured Insured Quarterly Notes due October 1, 2028 each of which bonds
shall also bear the descriptive title "First Mortgage Bond" (hereinafter
provided for and hereinafter sometimes referred to as the "Senior IQ Note
Bonds"), the bonds of which series are to be issued as registered bonds
without coupons and are to bear interest at the rate per annum specified
herein and are to mature October 1, 2028; and
WHEREAS, the Senior IQ Note Bonds shall be issued to the Senior
Note Trustee in connection with the issuance by the Company of its 6.50%
Senior Secured Insured Quarterly Notes due October 1, 2028, (the "Notes");
and
WHEREAS each of the registered bonds without coupons of the Senior
IQ Note Bonds and the Trustee's Authentication Certificate thereon are to
be substantially in the following forms, to wit:
3
[FORM OF REGISTERED BOND OF THE SENIOR IQ NOTE BONDS]
[FACE]
NOTWITHSTANDING ANY PROVISIONS HEREOF OR IN THE INDENTURE, THIS
BOND IS NOT ASSIGNABLE OR TRANSFERABLE EXCEPT AS PERMITTED OR REQUIRED BY
SECTION 4.04 OF THE INDENTURE, DATED AS OF FEBRUARY 1, 1998 BETWEEN
CONSUMERS ENERGY COMPANY AND THE CHASE MANHATTAN BANK, AS TRUSTEE.
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND, 6.50% SENIOR SECURED INSURED QUARTERLY NOTES
DUE OCTOBER 1, 2028
No. $
CONSUMERS ENERGY COMPANY, a Michigan corporation (hereinafter
called the "Company"), for value received, hereby promises to pay to The
Chase Manhattan Bank, as trustee under the Senior Note Indenture
hereinafter referred to, or registered assigns, the principal sum of One
Hundred Fifty Million Dollars on October 1, 2028, and to pay to the
registered holder hereof interest on said sum from the latest quarterly
interest payment date to which interest has been paid on the bonds of this
series preceding the date hereof, unless the date hereof be an interest
payment date to which interest is being paid, in which case from the date
hereof, or unless the date hereof is prior to January 1, 1999, in which
case from October 29, 1998, (or if this bond is dated between the record
date for any interest payment date and such interest payment date, then
from such interest payment date, provided, however, that if the Company
shall default in payment of the interest due on such interest payment
date, then from the next preceding quarterly interest payment date to
which interest has been paid on the bonds of this series, or if such
interest payment date is January 1, 1999, from October 29, 1998), at the
rate per annum of 6.50% until the principal hereof shall have become due
and payable, payable on each January 1, April 1, July 1 and October 1 in
each year, commencing January 1, 1999.
Under an Indenture dated as of February 1, 1998 (hereinafter
sometimes referred to as the "Senior Note Indenture"), between Consumers
Energy Company and The Chase Manhattan Bank, as trustee (hereinafter
sometimes called the "Senior Note Trustee"), the Company will issue,
concurrently with the issuance of this bond, an issue of notes under the
Senior Note Indenture entitled 6.50% Senior Secured Insured Quarterly
Notes due October 1, 2028 (the "Notes"). Pursuant to Article IV of the
Senior Note Indenture, this bond is issued to the Senior Note Trustee to
secure any and all obligations of the Company under the Notes and any
other series of senior notes from time to time outstanding under the
Senior Note Indenture. Payment of principal of, or premium, if any, or
interest on, the Notes shall constitute payments on this bond as further
provided herein and in the supplemental indenture pursuant to which this
bond has been issued (the "Supplemental Indenture").
The provisions of this bond are continued on the reverse hereof
and such continued provisions shall for all purposes have the same effect
as though fully set forth at this place.
This bond shall not be valid or become obligatory for any purpose
unless and until it shall have been authenticated by the execution by the
Trustee or its successor in trust under the Indenture of the certificate
hereon.
IN WITNESS WHEREOF, Consumers Energy Company has caused this bond
to be executed in its name by its Chairman of the Board, its President or
one of its Vice Presidents by his or her signature or a facsimile thereof,
and its corporate seal or a facsimile thereof to be affixed hereto or
imprinted hereon and attested by its Secretary or one of its Assistant
Secretaries by his or her signature or a facsimile thereof.
CONSUMERS ENERGY COMPANY,
Dated: By ___________________
Its ___________________
Attest: ____________________
Secretary
[FORM OF TRUSTEE'S AUTHENTICATION CERTIFICATE]
TRUSTEE'S AUTHENTICATION CERTIFICATE
This is one of the bonds, of the series designated therein,
described in the within-mentioned Indenture.
THE CHASE MANHATTAN BANK, Trustee
By _________________________
Authorized Officer
[REVERSE]
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND, 6.50% SENIOR SECURED INSURED QUARTERLY NOTES
DUE OCTOBER 1, 2028
The interest payable on any January 1, April 1, July 1 and
October 1 (each "Interest Payment Date") will, subject to certain
exceptions provided in the Indenture hereinafter mentioned, be paid to the
person in whose name this bond is registered at the close of business on
the record date, which shall be on the fifteenth calendar day of the month
preceding the month in which the respective Interest Payment Date occurs
("Record Date"), or, if such Record Date shall be a legal holiday or a day
on which banking institutions in the City of New York, New York or the
City of Detroit, Michigan are authorized by law to close, the next
succeeding day which shall not be a legal holiday or a day on which such
institutions are so authorized to close. The principal of and the
premium, if any, and the interest on this bond shall be payable at the
office or agency of the Company in the City of Jackson, Michigan
designated for that purpose, in any coin or currency of the United States
of America which at the time of payment is legal tender for public and
private debts.
Upon any payment of the principal of, premium, if any, and
interest on, all or any portion of the Notes, whether at maturity or prior
to maturity by redemption or otherwise or upon provision for the payment
thereof having been made in accordance with Section 5.01(a) of the Senior
Note Indenture, Senior IQ Note Bonds in a principal amount equal to the
principal amount of such Notes and having both a corresponding maturity
date and interest rate shall, to the extent of such payment of principal,
premium, if any, and interest, be deemed paid and the obligation of the
Company thereunder to make such payment shall be discharged to such extent
and, in the case of the payment of principal (and premium, if any) such
bonds of said series shall be surrendered to the Company for cancellation
as provided in Section 4.08 of the Senior Note Indenture. The Trustee may
at anytime and all times conclusively assume that the obligation of the
Company to make payments with respect to the principal of and premium, if
any, and interest on the Senior IQ Note Bonds, so far as such payments at
the time have become due, has been fully satisfied and discharged pursuant
to the foregoing sentence unless and until the Trustee shall have received
a written notice from the Senior Note Trustee signed by one of its
officers stating (i) that timely payment of, or premium or interest on,
the Notes has not been made, (ii) that the Company is in arrears as to the
payments required to be made by it to the Senior Note Trustee pursuant to
the Senior Note Indenture, and (iii) the amount of the arrearage.
For purposes of Section 4.09 of the Senior Note Indenture, this
bond shall be deemed to be the "related series of Senior Note First
Mortgage Bonds" in respect of the Notes.
This bond is one of the bonds issued and to be issued from
time to time under and in accordance with and all secured by an Indenture
dated as of September 1, 1945, given by the Company (or its predecessor,
Consumers Power Company, a Maine corporation) to City Bank Farmers Trust
Company (The Chase Manhattan Bank, successor) (hereinafter sometimes
referred to as the "Trustee"), and indentures supplemental thereto,
heretofore or hereafter executed, to which indenture and indentures
supplemental thereto (hereinafter referred to collectively as the
"Indenture") reference is hereby made for a description of the property
mortgaged and pledged, the nature and extent of the security and the
rights, duties and immunities thereunder of the Trustee and the rights of
the holders of said bonds and of the Trustee and of the Company in respect
of such security, and the limitations on such rights. By the terms of the
Indenture, the bonds to be secured thereby are issuable in series which
may vary as to date, amount, date of maturity, rate of interest and in
other respects as provided in the Indenture.
The Indenture contains provisions permitting the Company and the
Trustee, with the consent of the holders of not less than seventy-five per
centum in principal amount of the bonds (exclusive of bonds disqualified
by reason of the Company's interest therein) at the time outstanding,
including, if more than one series of bonds shall be at the time
outstanding, not less than sixty per centum in principal amount of each
series affected, to effect, by an indenture supplemental to the Indenture,
modifications or alterations of the Indenture and of the rights and
obligations of the Company and the rights of the holders of the bonds and
coupons; provided, however, that no such modification or alteration shall
be made without the written approval or consent of the holder hereof which
will (a) extend the maturity of this bond or reduce the rate or extend the
time of payment of interest hereon or reduce the amount of the principal
hereof, or (b) permit the creation of any lien, not otherwise permitted,
prior to or on a parity with the lien of the Indenture, or (c) reduce the
percentage of the principal amount of the bonds the holders of which are
required to approve any such supplemental indenture.
The Company reserves the right, without any consent, vote or other
action by holders of bonds of this series or any other series created
after the Sixty-eighth Supplemental Indenture to amend the Indenture to
reduce the percentage of the principal amount of bonds the holders of
which are required to approve any supplemental indenture (other than any
supplemental indenture which is subject to the proviso contained in the
immediately preceding sentence) (a) from not less than seventy-five per
centum (including sixty per centum of each series affected) to not less
than a majority in principal amount of the bonds at the time outstanding
or (b) in case fewer than all series are affected, not less than a
majority in principal amount of the bonds of all affected series, voting
together.
This bond is not redeemable except on the respective dates, in the
respective principal amounts and for the respective redemption prices
which correspond to the redemption dates for, the principal amounts to be
redeemed of, and the redemption prices for, the Notes, and except upon
written demand of the Senior Note Trustee following the occurrence of an
Event of Default under the Senior Note Indenture and the acceleration of
the senior notes, as provided in Section 8.01 of the Senior Note
Indenture. This bond is not redeemable by the operation of the
improvement fund or the maintenance and replacement provisions of the
Indenture or with the proceeds of released property.
This bond shall not be assignable or transferable except as
permitted or required by Section 4.04 of the Senior Note Indenture. Any
such transfer shall be effected at the Investor Services Department of the
Company, as transfer agent (hereinafter referred to as "corporate trust
office"). This bond shall be exchangeable for other registered bonds of
the same series, in the manner and upon the conditions prescribed in the
Indenture, upon the surrender of such bonds at said corporate trust office
of the transfer agent. However, notwithstanding the provisions of
Section 2.05 of the Indenture, no charge shall be made upon any
registration of transfer or exchange of bonds of said series other than
for any tax or taxes or other governmental charge required to be paid by
the Company.
As provided in Section 4.11 of the Senior Note Indenture, from and
after the Release Date (as defined in the Senior Note Indenture), the
obligations of the Company with respect to this bond shall be deemed to be
satisfied and discharged, this bond shall cease to secure in any manner
any senior notes outstanding under the Senior Note Indenture, and,
pursuant to Section 4.08 of the Senior Note Indenture, the Senior Note
Trustee shall forthwith deliver this bond to the Company for cancellation.
In case of certain defaults as specified in the Indenture, the
principal of this bond may be declared or may become due and payable on
the conditions, at the time, in the manner and with the effect provided in
the Indenture.
No recourse shall be had for the payment of the principal of or
premium, if any, or interest on this bond, or for any claim based hereon,
or otherwise in respect hereof or of the Indenture, to or against any
incorporator, stockholder, director or officer, past, present or future,
as such, of the Company, or of any predecessor or successor company,
either directly or through the Company, or such predecessor or successor
company, or otherwise, under any constitution or statute or rule of law,
or by the enforcement of any assessment or penalty, or otherwise, all such
liability of incorporators, stockholders, directors and officers, as such,
being waived and released by the holder and owner hereof by the acceptance
of this bond and being likewise waived and released by the terms of the
Indenture.
____________________
AND WHEREAS all acts and things necessary to make the bonds of the
Senior IQ Note Bonds, when duly executed by the Company and authenticated
by the Trustee or its agent and issued as prescribed in the Indenture, as
heretofore supplemented and amended, and this Supplemental Indenture
provided, the valid, binding and legal obligations of the Company, and to
constitute the Indenture, as supplemented and amended as aforesaid, as
well as by this Supplemental Indenture, a valid, binding and legal
instrument for the security thereof, have been done and performed, and the
creation, execution and delivery of this Supplemental Indenture and the
creation, execution and issuance of bonds subject to the terms hereof and
of the Indenture, as so supplemented and amended, have in all respects
been duly authorized;
NOW, THEREFORE, in consideration of the premises, of the
acceptance and purchase by the holders thereof of the bonds issued and to
be issued under the Indenture, as supplemented and amended as above set
forth, and of the sum of One Dollar duly paid by the Trustee to the
Company, and of other good and valuable considerations, the receipt
whereof is hereby acknowledged, and for the purpose of securing the due
and punctual payment of the principal of and premium, if any, and interest
on all bonds now outstanding under the Indenture and the $150,000,000
principal amount of Senior IQ Note Bonds proposed to be issued initially
and all other bonds which shall be issued under the Indenture, as
supplemented and amended from time to time, and for the purpose of
securing the faithful performance and observance of all covenants and
conditions therein, and in any indenture supplemental thereto, set forth,
the Company has given, granted, bargained, sold, released, transferred,
assigned, hypothecated, pledged, mortgaged, confirmed, set over,
warranted, alienated and conveyed and by these presents does give, grant,
bargain, sell, release, transfer, assign, hypothecate, pledge, mortgage,
confirm, set over, warrant, alien and convey unto The Chase Manhattan
Bank, as Trustee, as provided in the Indenture, and its successor or
successors in the trust thereby and hereby created and to its or their
assigns forever, all the right, title and interest of the Company in and
to all the property, described in Section 13 hereof, together (subject to
the provisions of Article X of the Indenture) with the tolls, rents,
revenues, issues, earnings, income, products and profits thereof,
excepting, however, the property, interests and rights specifically
excepted from the lien of the Indenture as set forth in the Indenture.
TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances belonging or in any wise appertaining to the premises,
property, franchises and rights, or any thereof, referred to in the
foregoing granting clause, with the reversion and reversions, remainder
and remainders and (subject to the provisions of Article X of the
Indenture) the tolls, rents, revenues, issues, earnings, income, products
and profits thereof, and all the estate, right, title and interest and
claim whatsoever, at law as well as in equity, which the Company now has
or may hereafter acquire in and to the aforesaid premises, property,
franchises and rights and every part and parcel thereof.
SUBJECT, HOWEVER, with respect to such premises, property,
franchises and rights, to excepted encumbrances as said term is defined in
Section 1.02 of the Indenture, and subject also to all defects and
limitations of title and to all encumbrances existing at the time of
acquisition.
TO HAVE AND TO HOLD all said premises, property, franchises and
rights hereby conveyed, assigned, pledged or mortgaged, or intended so to
be, unto the Trustee, its successor or successors in trust and their
assigns forever;
BUT IN TRUST, NEVERTHELESS, with power of sale for the equal and
proportionate benefit and security of the holders of all bonds now or
hereafter authenticated and delivered under and secured by the Indenture
and interest coupons appurtenant thereto, pursuant to the provisions of
the Indenture and of any supplemental indenture, and for the enforcement
of the payment of said bonds and coupons when payable and the performance
of and compliance with the covenants and conditions of the Indenture and
of any supplemental indenture, without any preference, distinction or
priority as to lien or otherwise of any bond or bonds over others by
reason of the difference in time of the actual authentication, delivery,
issue, sale or negotiation thereof or for any other reason whatsoever,
except as otherwise expressly provided in the Indenture; and so that each
and every bond now or hereafter authenticated and delivered thereunder
shall have the same lien, and so that the principal of and premium, if
any, and interest on every such bond shall, subject to the terms thereof,
be equally and proportionately secured, as if it had been made, executed,
authenticated, delivered, sold and negotiated simultaneously with the
execution and delivery thereof.
AND IT IS EXPRESSLY DECLARED by the Company that all bonds
authenticated and delivered under and secured by the Indenture, as
supplemented and amended as above set forth, are to be issued,
authenticated and delivered, and all said premises, property, franchises
and rights hereby and by the Indenture and indentures supplemental thereto
conveyed, assigned, pledged or mortgaged, or intended so to be, are to be
dealt with and disposed of under, upon and subject to the terms,
conditions, stipulations, covenants, agreements, trusts, uses and purposes
expressed in the Indenture, as supplemented and amended as above set
forth, and the parties hereto mutually agree as follows:
SECTION 1. There is hereby created one series of bonds (the
"Senior IQ Note Bonds") designated as hereinabove provided, which shall
also bear the descriptive title "First Mortgage Bond", and the form
thereof shall be substantially as hereinbefore set forth. Senior IQ Note
Bonds shall be issued in the aggregate principal amount of $150,000,000,
shall mature on October 1, 2028 and shall be issued only as registered
bonds without coupons in denominations of $1,000 and any multiple thereof.
The serial numbers of bonds of the Senior IQ Note Bonds shall be such as
may be approved by any officer of the Company, the execution thereof by
any such officer either manually or by facsimile signature to be
conclusive evidence of such approval. Senior IQ Note Bonds shall bear
interest at a rate of 6.50% per annum until the principal thereof shall
have become due and payable, payable quarterly on January 1, April 1,
July 1 and October 1 in each year commencing January 1, 1999. The
principal of and the premium, if any, and the interest on said bonds
shall be payable in any coin or currency of the United States of America
which at the time of payment is legal tender for public and private debts,
at the office or agency of the Company in the City of Jackson, Michigan
designated for that purpose.
Upon any payment of the principal of, premium, if any, and
interest on, all or any portion of the Notes whether at maturity or prior
to maturity by redemption or otherwise or upon provision for the payment
thereof having been made in accordance with Section 5.01(a) of the Senior
Note Indenture, Senior IQ Note Bonds in a principal amount equal to the
principal amount of such Notes and having both a corresponding maturity
date and interest rate shall, to the extent of such payment of principal,
premium, if any, and interest, be deemed paid and the obligation of the
Company thereunder to make such payment shall be discharged to such extent
and, in the case of the payment of principal (and premium, if any) such
bonds of said series shall be surrendered to the Company for cancellation
as provided in Section 4.08 of the Senior Note Indenture. The Trustee may
at anytime and all times conclusively assume that the obligation of the
Company to make payments with respect to the principal of and premium, if
any, and interest on the Senior IQ Note Bonds, so far as such payments at
the time have become due, has been fully satisfied and discharged pursuant
to the foregoing sentence unless and until the Trustee shall have received
a written notice from the Senior Note Trustee signed by one of its
officers stating (i) that timely payment of, or premium or interest on,
the Notes has not been so made, (ii) that the Company is in arrears as to
the payments required to be made by it to the Senior Note Trustee pursuant
to the Senior Note Indenture, and (iii) the amount of the arrearage.
Each Senior IQ Note Bond is to be issued to and registered in the
name of The Chase Manhattan Bank, as trustee, or a successor trustee (said
trustee or any successor trustee being hereinafter referred to as the
"Senior Note Trustee") under the Indenture, dated as of February 1, 1998
(hereinafter sometimes referred to as the "Senior Note Indenture") between
Consumers Energy Company and the Senior Note Trustee, to secure any and
all obligations of the Company under the Notes and any other series of
senior notes from time to time outstanding under the Senior Note
Indenture.
The Senior IQ Note Bonds shall not be assignable or transferable
except as permitted or required by Section 4.04 of the Senior Note
Indenture. Any such transfer shall be effected at the Investor Services
Department of the Company, as transfer agent (hereinafter referred to as
"corporate trust office"). The Senior IQ Note Bonds shall be exchangeable
for other registered bonds of the same series, in the manner and upon the
conditions prescribed in the Indenture, upon the surrender of such bonds
at said corporate trust office of the transfer agent. However,
notwithstanding the provisions of Section 2.05 of the Indenture, no charge
shall be made upon any registration of transfer or exchange of bonds of
said series other than for any tax or taxes or other governmental charge
required to be paid by the Company.
SECTION 2. Senior IQ Note Bonds shall not be redeemable except on
the respective dates, in the respective principal amounts and for the
respective redemption prices which correspond to the redemption dates for,
the principal amounts to be redeemed of, and the redemption prices for,
the Notes, and except as set forth in Section 3 hereof.
In the event the Company redeems any Notes prior to maturity in
accordance with the provisions of the Senior Note Indenture or in
accordance with the provisions of the Third Supplemental Indenture to the
Senior Note Indenture dated as of October 29, 1998 (the "Third
Supplemental Indenture to the Senior Note Indenture"), the Senior Note
Trustee shall on the same date deliver to the Company the Senior IQ Note
Bonds in principal amounts corresponding to the Notes so redeemed, as
provided in Section 4.08 of the Senior Note Indenture. The Company agrees
to give the Trustee and the Senior Note Trustee notice of any such
redemption of the Notes on or before the date fixed for any such
redemption.
In the event a Beneficial Owner (as such term is defined in the
Third Supplemental Indenture to the Senior Note Indenture) redeems any
Notes prior to maturity in accordance with the provisions of the Third
Supplemental Indenture to the Senior Note Indenture, the Senior Note
Trustee shall on the same date deliver to the Company the Senior IQ Note
Bonds in principal amounts corresponding to the Notes so redeemed, as
provided in Section 4.08 of the Senior Note Indenture. The Company agrees
to give the Trustee and the Senior Note Trustee notice of any such
redemption of the Notes on or before the date fixed for any such
redemption.
Senior IQ Note Bonds are not redeemable by the operation of the
improvement fund or the maintenance and replacement provisions of this
Indenture or with the proceeds of released property.
SECTION 3. Upon the occurrence of an Event of Default under the
Senior Note Indenture and the acceleration of the Notes, the Senior IQ
Note Bonds shall be redeemable in whole upon receipt by the Trustee of a
written demand (hereinafter called a "Redemption Demand") from the Senior
Note Trustee stating that there has occurred under the Senior Note
Indenture both an Event of Default and a declaration of acceleration of
payment of principal, accrued interest and premium, if any, on the Notes,
specifying the last date to which interest on such notes has been paid
(such date being hereinafter referred to as the "Initial Interest Accrual
Date") and demanding redemption of Senior IQ Note Bonds. The Company
waives any right it may have to prior notice of such redemption under the
Indenture. Upon surrender of the Senior IQ Note Bonds by the Senior Note
Trustee to the Trustee, the Senior IQ Note Bonds shall be redeemed at a
redemption price equal to the principal amount thereof plus accrued
interest thereon from the Initial Interest Accrual Date to the date of the
Redemption Demand; provided, however, that in the event of a recision of
acceleration of senior notes pursuant to the last paragraph of
Section 8.01(a) of the Senior Note Indenture, then any Redemption Demand
shall thereby be deemed to be rescinded by the Senior Note Trustee; but no
such recision or annulment shall extend to or affect any subsequent
default or impair any right consequent thereon.
SECTION 4. For purposes of Section 4.09 of the Senior Note
Indenture, this bond shall be deemed to be the "related series of Senior
Note First Mortgage Bonds" in respect of the Notes.
SECTION 5. As provided in Section 4.11 of the Senior Note
Indenture, from and after the Release Date (as defined in the Senior Note
Indenture), the obligations of the Company with respect to the Senior IQ
Note Bonds (the "Bonds") shall be deemed to be satisfied and discharged,
the Bonds shall cease to secure in any manner any senior notes outstanding
under the Senior Note Indenture, and, pursuant to Section 4.08 of the
Senior Note Indenture, the Senior Note Trustee shall forthwith deliver the
Bonds to the Company for cancellation.
SECTION 6. The Company reserves the right, without any consent,
vote or other action by the holder of the Senior IQ Note Bonds or the
holders of any Notes, or of any subsequent series of bonds issued under
the Indenture, to make such amendments to the Indenture, as supplemented,
as shall be necessary in order to amend Section 17.02 to read as follows:
SECTION 17.02. With the consent of the holders
of not less than a majority in principal amount of the
bonds at the time outstanding or their attorneys-in-fact
duly authorized, or, if fewer than all series are
affected, not less than a majority in principal amount of
the bonds at the time outstanding of each series the
rights of the holders of which are affected, voting
together, the Company, when authorized by a resolution,
and the Trustee may from time to time and at any time
enter into an indenture or indentures supplemental hereto
for the purpose of adding any provisions to or changing in
any manner or eliminating any of the provisions of this
Indenture or of any supplemental indenture or modifying
the rights and obligations of the Company and the rights
of the holders of any of the bonds and coupons; provided,
however, that no such supplemental indenture shall
(1) extend the maturity of any of the bonds or reduce the
rate or extend the time of payment of interest thereon, or
reduce the amount of the principal thereof, or reduce any
premium payable on the redemption thereof, without the
consent of the holder of each bond so affected, or
(2) permit the creation of any lien, not otherwise
permitted, prior to or on a parity with the lien of this
Indenture, without the consent of the holders of all the
bonds then outstanding, or (3) reduce the aforesaid
percentage of the principal amount of bonds the holders of
which are required to approve any such supplemental
indenture, without the consent of the holders of all the
bonds then outstanding. For the purposes of this Section,
bonds shall be deemed to be affected by a supplemental
indenture if such supplemental indenture adversely affects
or diminishes the rights of holders thereof against the
Company or against its property. The Trustee may in its
discretion determine whether or not, in accordance with
the foregoing, bonds of any particular series would be
affected by any supplemental indenture and any such
determination shall be conclusive upon the holders of
bonds of such series and all other series. Subject to the
provisions of Sections 16.02 and 16.03 hereof, the Trustee
shall not be liable for any determination made in good
faith in connection herewith.
Upon the written request of the Company,
accompanied by a resolution authorizing the execution of
any such supplemental indenture, and upon the filing with
the Trustee of evidence of the consent of bondholders as
aforesaid (the instrument or instruments evidencing such
consent to be dated within one year of such request), the
Trustee shall join with the Company in the execution of
such supplemental indenture unless such supplemental
indenture affects the Trustee's own rights, duties or
immunities under this Indenture or otherwise, in which
case the Trustee may in its discretion but shall not be
obligated to enter into such supplemental indenture.
It shall not be necessary for the consent of the
bondholders under this Section to approve the particular
form of any proposed supplemental indenture, but it shall
be sufficient if such consent shall approve the substance
thereof.
The Company and the Trustee, if they so elect,
and either before or after such consent has been obtained,
may require the holder of any bond consenting to the
execution of any such supplemental indenture to submit his
bond to the Trustee or to ask such bank, banker or trust
company as may be designated by the Trustee for the
purpose, for the notation thereon of the fact that the
holder of such bond has consented to the execution of such
supplemental indenture, and in such case such notation, in
form satisfactory to the Trustee, shall be made upon all
bonds so submitted, and such bonds bearing such notation
shall forthwith be returned to the persons entitled
thereto.
Prior to the execution by the Company and the
Trustee of any supplemental indenture pursuant to the
provisions of this Section, the Company shall publish a
notice, setting forth in general terms the substance of
such supplemental indenture, at least once in one daily
newspaper of general circulation in each city in which the
principal of any of the bonds shall be payable, or, if all
bonds outstanding shall be registered bonds without
coupons or coupon bonds registered as to principal, such
notice shall be sufficiently given if mailed, first class,
postage prepaid, and registered if the Company so elects,
to each registered holder of bonds at the last address of
such holder appearing on the registry books, such
publication or mailing, as the case may be, to be made not
less than thirty days prior to such execution. Any
failure of the Company to give such notice, or any defect
therein, shall not, however, in any way impair or affect
the validity of any such supplemental indenture.
SECTION 7. As supplemented and amended as above set forth, the
Indenture is in all respects ratified and confirmed, and the Indenture and
all indentures supplemental thereto shall be read, taken and construed as
one and the same instrument.
SECTION 8. Nothing contained in this Supplemental Indenture
shall, or shall be construed to, confer upon any person other than a
holder of bonds issued under the Indenture, as supplemented and amended as
above set forth, the Company, the Trustee and the Senior Note Trustee, for
the benefit of the holder or holders of the Notes, any right or interest
to avail himself of any benefit under any provision of the Indenture, as
so supplemented and amended.
SECTION 9. The Trustee assumes no responsibility for or in
respect of the validity or sufficiency of this Supplemental Indenture or
of the Indenture as hereby supplemented or the due execution hereof by the
Company or for or in respect of the recitals and statements contained
herein (other than those contained in the sixth and seventh recitals
hereof), all of which recitals and statements are made solely by the
Company.
SECTION 10. This Supplemental Indenture may be simultaneously
executed in several counterparts and all such counterparts executed and
delivered, each as an original, shall constitute but one and the same
instrument.
SECTION 11. In the event the date of any notice required or
permitted hereunder or the date of maturity of interest on or principal of
the Senior IQ Note Bonds or the date fixed for redemption or repayment of
the Senior IQ Note Bonds shall not be a Business Day, then
(notwithstanding any other provision of the Indenture or of any
supplemental indenture thereto) such notice or such payment of such
interest or principal need not be made on such date, but may be made on
the next succeeding Business Day with the same force and effect as if made
on the date fixed for such notice or as if made on the date of maturity or
the date fixed for redemption or repayment, and no interest shall accrue
for the period from and after such date. "Business Day" means, with
respect to this Section 11, a day of the year on which banks are not
required or authorized to close in New York City or Detroit, Michigan.
SECTION 12. This Supplemental Indenture and the Senior IQ Note
Bonds shall be governed by and deemed to be a contract under, and
construed in accordance with, the laws of the State of Michigan, and for
all purposes shall be construed in accordance with the laws of such state,
except as may otherwise be required by mandatory provisions of law.
SECTION 13. Detailed Description of Property Mortgaged:
I.
ELECTRIC GENERATING PLANTS AND DAMS
All the electric generating plants and stations of the Company,
constructed or otherwise acquired by it and not heretofore described in
the Indenture or any supplement thereto and not heretofore released from
the lien of the Indenture, including all powerhouses, buildings,
reservoirs, dams, pipelines, flumes, structures and works and the land on
which the same are situated and all water rights and all other lands and
easements, rights of way, permits, privileges, towers, poles, wires,
machinery, equipment, appliances, appurtenances and supplies and all other
property, real or personal, forming a part of or appertaining to or used,
occupied or enjoyed in connection with such plants and stations or any of
them, or adjacent thereto.
II.
ELECTRIC TRANSMISSION LINES
All the electric transmission lines of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or
any supplement thereto and not heretofore released from the lien of the
Indenture, including towers, poles, pole lines, wires, switches, switch
racks, switchboards, insulators and other appliances and equipment, and
all other property, real or personal, forming a part of or appertaining to
or used, occupied or enjoyed in connection with such transmission lines or
any of them or adjacent thereto; together with all real property, rights
of way, easements, permits, privileges, franchises and rights for or
relating to the construction, maintenance or operation thereof, through,
over, under or upon any private property or any public streets or
highways, within as well as without the corporate limits of any municipal
corporation. Also all the real property, rights of way, easements,
permits, privileges and rights for or relating to the construction,
maintenance or operation of certain transmission lines, the land and
rights for which are owned by the Company, which are either not built or
now being constructed.
III.
ELECTRIC DISTRIBUTION SYSTEMS
All the electric distribution systems of the Company, constructed
or otherwise acquired by it and not heretofore described in the Indenture
or any supplement thereto and not heretofore released from the lien of the
Indenture, including substations, transformers, switchboards, towers,
poles, wires, insulators, subways, trenches, conduits, manholes, cables,
meters and other appliances and equipment, and all other property, real or
personal, forming a part of or appertaining to or used, occupied or
enjoyed in connection with such distribution systems or any of them or
adjacent thereto; together with all real property, rights of way,
easements, permits, privileges, franchises, grants and rights, for or
relating to the construction, maintenance or operation thereof, through,
over, under or upon any private property or any public streets or highways
within as well as without the corporate limits of any municipal
corporation.
IV.
ELECTRIC SUBSTATIONS,
SWITCHING STATIONS AND SITES
All the substations, switching stations and sites of the Company,
constructed or otherwise acquired by it and not heretofore described in
the Indenture or any supplement thereto and not heretofore released from
the lien of the Indenture, for transforming, regulating, converting or
distributing or otherwise controlling electric current at any of its
plants and elsewhere, together with all buildings, transformers, wires,
insulators and other appliances and equipment, and all other property,
real or personal, forming a part of or appertaining to or used, occupied
or enjoyed in connection with any of such substations and switching
stations, or adjacent thereto, with sites to be used for such purposes.
V.
GAS COMPRESSOR STATIONS, GAS PROCESSING PLANTS,
DESULPHURIZATION STATIONS, METERING STATIONS,
ODORIZING STATIONS, REGULATORS AND SITES
All the compressor stations, processing plants, desulphurization
stations, metering stations, odorizing stations, regulators and sites of
the Company, constructed or otherwise acquired by it and not heretofore
described in the Indenture or any supplement thereto and not heretofore
released from the lien of the Indenture, for compressing, processing,
desulphurizing, metering, odorizing and regulating manufactured or natural
gas at any of its plants and elsewhere, together with all buildings,
meters and other appliances and equipment, and all other property, real or
personal, forming a part of or appertaining to or used, occupied or
enjoyed in connection with any of such purposes, with sites to be used for
such purposes.
VI.
GAS STORAGE FIELDS
The natural gas rights and interests of the Company, including
xxxxx and well lines (but not including natural gas, oil and minerals),
the gas gathering system, the underground gas storage rights, the
underground gas storage xxxxx and injection and withdrawal system used in
connection therewith, constructed or otherwise acquired by it and not
heretofore described in the Indenture or any supplement thereto and not
heretofore released from the lien of the Indenture: In the Overisel Gas
Storage Field, located in the Township of Overisel, Allegan County, and in
the Township of Zeeland, Ottawa County, Michigan; in the Northville Gas
Storage Field located in the Township of Salem, Washtenaw County, Township
of Lyon, Oakland County, and the Townships of Northville and Plymouth and
City of Plymouth, Xxxxx County, Michigan; in the Salem Gas Storage Field,
located in the Township of Salem, Allegan County, and in the Township of
Jamestown, Ottawa County, Michigan; in the Ray Gas Storage Field, located
in the Townships of Ray and Armada, Macomb County, Michigan; in the Lenox
Gas Storage Field, located in the Townships of Lenox and Chesterfield,
Macomb County, Michigan; in the Ira Gas Storage Field, located in the
Township of Ira, St. Clair County, Michigan; in the Puttygut Gas Storage
Field, located in the Township of Casco, St. Clair County, Michigan; in
the Four Corners Gas Storage Field, located in the Townships of Casco,
China, Cottrellville and Ira, St. Clair County, Michigan; in the Swan
Creek Gas Storage Field, located in the Township of Casco and Ira, St.
Clair County, Michigan; and in the Hessen Gas Storage Field, located in
the Townships of Casco and Columbus, St. Clair, Michigan.
VII.
GAS TRANSMISSION LINES
All the gas transmission lines of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or
any supplement thereto and not heretofore released from the lien of the
Indenture, including gas mains, pipes, pipelines, gates, valves, meters
and other appliances and equipment, and all other property, real or
personal, forming a part of or appertaining to or used, occupied or
enjoyed in connection with such transmission lines or any of them or
adjacent thereto; together with all real property, right of way,
easements, permits, privileges, franchises and rights for or relating to
the construction, maintenance or operation thereof, through, over, under
or upon any private property or any public streets or highways, within as
well as without the corporate limits of any municipal corporation.
VIII.
GAS DISTRIBUTION SYSTEMS
All the gas distribution systems of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or
any supplement thereto and not heretofore released from the lien of the
Indenture, including tunnels, conduits, gas mains and pipes, service
pipes, fittings, gates, valves, connections, meters and other appliances
and equipment, and all other property, real or personal, forming a part of
or appertaining to or used, occupied or enjoyed in connection with such
distribution systems or any of them or adjacent thereto; together with all
real property, rights of way, easements, permits, privileges, franchises,
grants and rights, for or relating to the construction, maintenance or
operation thereof, through, over, under or upon any private property or
any public streets or highways within as well as without the corporate
limits of any municipal corporation.
IX.
OFFICE BUILDINGS,
SERVICE BUILDINGS, GARAGES, ETC.
All office, garage, service and other buildings of the Company,
wherever located, in the State of Michigan, constructed or otherwise
acquired by it and not heretofore described in the Indenture or any
supplement thereto and not heretofore released from the lien of the
Indenture, together with the land on which the same are situated and all
easements, rights of way and appurtenances to said lands, together with
all furniture and fixtures located in said buildings.
X.
TELEPHONE PROPERTIES AND
RADIO COMMUNICATION EQUIPMENT
All telephone lines, switchboards, systems and equipment of the
Company, constructed or otherwise acquired by it and not heretofore
described in the Indenture or any supplement thereto and not heretofore
released from the line of the Indenture, used or available for use in the
operation of its properties, and all other property, real or personal,
forming a part of or appertaining to or used, occupied or enjoyed in
connection with such telephone properties or any of them or adjacent
thereto; together with all real estate, rights of way, easements, permits,
privileges, franchises, property, devices or rights related to the
dispatch, transmission, reception or reproduction of messages,
communications, intelligence, signals, light, vision or sound by
electricity, wire or otherwise, including all telephone equipment
installed in buildings used as general and regional offices, substations
and generating stations and all telephone lines erected on towers and
poles; and all radio communication equipment of the Company, together with
all property, real or personal (except any in the Indenture expressly
excepted), fixed stations, towers, auxiliary radio buildings and
equipment, and all appurtenances used in connection therewith, wherever
located, in the State of Michigan.
XI.
OTHER REAL PROPERTY
All other real property of the Company and all interests therein,
of every nature and description (except any in the Indenture expressly
excepted) wherever located, in the State of Michigan, acquired by it and
not heretofore described in the Indenture or any supplement thereto and
not heretofore released from the line of the Indenture. Such real
property includes but is not limited to the following described property,
such property is subject to any interests that were excepted or reserved
in the conveyance to the Company:
Alcona County
Certain land in Caledonia Township, Alcona County, Michigan
described as:
The East 330 feet of the South 660 feet of the SW 1/4 of
the SW 1/4 of Section 8, T28N, R8E, except the West 264
feet of the South 330 feet thereof; said land being more
particularly described as follows: To find the place of
beginning of this description, commence at the Southwest
corner of said section, run thence East along the South
line of said section 1243 feet to the place of beginning
of this description, thence continuing East along said
South line of said section 66 feet to the West 1/8 line of
said section, thence N 02 09' 30" E along the said West
1/8 line of said section 660 feet, thence West 330 feet,
thence S 02 09' 30" W, 330 feet, thence East 264 feet,
thence S 02 09' 30" W, 330 feet to the place of
beginning.
Allegan County
Certain land in Xxx Township, Allegan County, Michigan described
as:
The NE 1/4 of the NW 1/4 of Section 16, T1N, R15W.
Alpena County
Certain land in Xxxxxx and Green Townships, Alpena County,
Michigan described as:
All that part of the S'ly 1/2 of the former Boyne City-
Gaylord and Alpena Railroad right of way, being the
Southerly 50 feet of a 100 foot strip of land formerly
occupied by said Railroad, running from the East line of
Section 31, T31N, R7E, Southwesterly across said
Section 31 and Sections 5 and 6 of T30N, R7E and
Sections 10, 11 and the E1/2 of Section 9, except the West
1646 feet thereof, all in T30N, R6E.
Antrim County
Certain land in Mancelona Township, Antrim County, Michigan
described as:
The S 1/2 of the NE 1/4 of Section 33, T29N, R6W,
excepting therefrom all mineral, coal, oil and gas and
such other rights as were reserved unto the State of
Michigan in that certain deed running from the State of
Michigan to Xxxxxx X. Xxxxxx and Xxxx X. Xxxxxx, his wife,
dated April 15, 1946 and recorded May 20, 1946 in Liber 97
of Deeds on page 682 of Antrim County Records.
Arenac County
Certain land in Xxxxxxxx Township, Arenac County, Michigan
described as:
A parcel of land in the SW 1/4 of the NW 1/4 of
Section 12, T18N, R4E, described as follows: To find the
place of beginning of said parcel of land, commence at the
Northwest corner of Section 12, T18N, R4E; run thence
South along the West line of said section, said West line
of said section being also the center line of East City
Limits Road 2642.15 feet to the W 1/4 post of said section
and the place of beginning of said parcel of land; running
thence N 88 26' 00" E along the East and West 1/4 line of
said section, 660.0 feet; thence North parallel with the
West line of said section, 310.0 feet; thence S 88 26'
00" W, 330.0 feet; thence South parallel with the West
line of said section, 260.0 feet; thence S 88 26' 00" W,
330.0 feet to the West line of said section and the center
line of East City Limits Road; thence South along the said
West line of said section, 50.0 feet to the place of
beginning.
Xxxxx County
Certain land in Johnstown Township, Xxxxx County, Michigan
described as:
A strip of land 311 feet in width across the SW 1/4 of the
NE 1/4 of Section 31, T1N, R8W, described as follows: To
find the place of beginning of this description, commence
at the E 1/4 post of said section; run thence N 00 55'
00" E along the East line of said section, 555.84 feet;
thence N 59 36' 20" W, 1375.64 feet; thence N 88 30'
00" W, 130 feet to a point on the East 1/8 line of said
section and the place of beginning of this description;
thence continuing N 88 30' 00" W, 1327.46 feet to the
North and South 1/4 line of said section; thence S 00 39'
35" W along said North and South 1/4 line of said section,
311.03 feet to a point, which said point is 952.72 feet
distant N'ly from the East and West 1/4 line of said
section as measured along said North and South 1/4 line of
said section; thence S 88 30' 00" E, 1326.76 feet to the
East 1/8 line of said section; thence N 00 47' 20" E
along said East 1/8 line of said section, 311.02 feet to
the place of beginning.
Bay County
Certain land in Frankenlust Township, Bay County, Michigan
described as:
The South 250 feet of the N 1/2 of the W 1/2 of the W 1/2
of the SE 1/4 of Section 9, T13N, R4E.
Benzie County
Certain land in Benzonia Township, Benzie County, Michigan
described as:
A parcel of land in the Northeast 1/4 of Section 7,
Township 26 North, Range 14 West, described as beginning
at a point on the East line of said Section 7, said point
being 320 feet North measured along the East line of said
section from the East 1/4 post; running thence West 165
feet; thence North parallel with the East line of said
section 165 feet; thence East 165 feet to the East line of
said section; thence South 165 feet to the place of
beginning.
Branch County
Certain land in Xxxxxx Township, Branch County, Michigan described
as:
A parcel of land in the NE1/4 of Section 23 T5S, R6W,
described as beginning at a point on the North and South
quarter line of said section at a point 1278.27 feet
distant South of the North quarter post of said section,
said distance being measured along the North and South
quarter line of said section, running thence S89 21'E 250
feet, thence North along a line parallel with the said
North and South quarter line of said section 200 feet,
thence N89 21'W 250 feet to the North and South quarter
line of said section, thence South along said North and
South quarter line of said section 200 feet to the place
of beginning.
Xxxxxxx County
Certain land in Xxxxxx Township, Xxxxxxx County, Michigan
described as:
A parcel of land in the SE 1/4 of the SE 1/4 of
Section 32, T1S, R6W, described as follows: To find the
place of beginning of this description, commence at the
Southeast corner of said section; run thence North along
the East line of said section 1034.32 feet to the place of
beginning of this description; running thence N 89 39'
52" W, 333.0 feet; thence North 290.0 feet to the South
1/8 line of said section; thence S 89 39' 52" E along
said South 1/8 line of said section 333.0 feet to the East
line of said section; thence South along said East line of
said section 290.0 feet to the place of beginning.
(Bearings are based on the East line of Section 32, T1S,
R6W, from the Southeast corner of said section to the
Northeast corner of said section assumed as North.)
Cass County
Certain easement rights located across land in Marcellus Township,
Cass County, Michigan described as:
The East 6 rods of the SW 1/4 of the SE 1/4 of Section 4, T5S,
R13W.
Charlevoix County
Certain land in South Arm Township, Charlevoix County, Michigan
described as:
A parcel of land in the SW 1/4 of Section 29, T32N, R7W,
described as follows: Beginning at the Southwest corner
of said section and running thence North along the West
line of said section 788.25 feet to a point which is
528 feet distant South of the South 1/8 line of said
section as measured along the said West line of said
section; thence N 89 30' 19" E, parallel with said South
1/8 line of said section 442.1 feet; thence South 788.15
feet to the South line of said section; thence S 89 29'
30" W, along said South line of said section 442.1 feet to
the place of beginning.
Cheboygan County
Certain land in Inverness Township, Cheboygan County, Michigan
described as:
A parcel of land in the SW frl 1/4 of Section 31, T37N, R2W,
described as beginning at the Northwest corner of the SW
frl 1/4, running thence East on the East and West quarter
line of said Section, 40 rods, thence South parallel to
the West line of said Section 40 rods, thence West 40 rods
to the West line of said Section, thence North 40 rods to
the place of beginning.
Clare County
Certain land in Frost Township, Clare County, Michigan described
as:
The East 150 feet of the North 225 feet of the NW 1/4 of
the NW 1/4 of Section 15, T20N, R4W.
Clinton County
Certain land in Watertown Township, Clinton County, Michigan
described as:
The NE 1/4 of the NE 1/4 of the SE 1/4 of Section 22, and
the North 165 feet of the NW 1/4 of the NE 1/4 of the
SE 1/4 of Section 22, T5N, R3W.
Xxxxxxxx County
Certain land in Lovells Township, Xxxxxxxx County, Michigan
described as:
A parcel of land in Section 1, T28N, R1W, described as:
Commencing at NW corner said section; thence South
89 53'30" East along North section line 105.78 feet to
point of beginning; thence South 89 53'30" East along
North section line 649.64 feet; thence South 55 42'30"
East 340.24 feet; thence South 55 44'37" East 5,061.81
feet to the East section line; thence South 00 00'08" West
along East section line 441.59 feet; thence
North 55 44'37" West 5,310.48 feet; thence North 55 42'30"
West 877.76 feet to point of beginning.
Xxxxx County
Certain land in Xxxxx Township, Xxxxx County, Michigan described
as:
A parcel of land in the SW 1/4 of Section 6, T2N, R4W,
described as follows: To find the place of beginning of
this description commence at the Southwest corner of said
section; run thence N 89 51' 30" E along the South line
of said section 400 feet to the place of beginning of this
description; thence continuing N 89 51' 30" E, 500 feet;
thence N 00 50' 00" W, 600 feet; thence S 89 51' 30" W
parallel with the South line of said section 500 feet;
thence S 00 50' 00" E, 600 feet to the place of
beginning.
Emmet County
Certain land in Wawatam Township, Emmet County, Michigan described
as:
The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of
Section 23, T39N, R4W.
Genesee County
Certain land in Argentine Township, Genesee County, Michigan
described as:
A parcel of land of part of the SW 1/4 of Section 8, T5N,
R5E, being more particularly described as follows:
Beginning at a point of the West line of Xxxxxxxx Road,
100 feet wide, (as now established) distant 829.46 feet
measured N01 42'56"W and 50 feet measured S88 14'04"W from
the South quarter corner, Section 8, T5N, R5E; thence
S88 14'04"W a distance of 550 feet; thence N01 42'56"W a
distance of 500 feet to a point on the North line of the
South half of the Southwest quarter of said Section 8;
thence N88 14'04"E along the North line of South half of
the Southwest quarter of said Section 8 a distance 550
feet to a point on the West line of Xxxxxxxx Road,
100 feet wide (as now established); thence S01 42'56"E
along the West line of said Xxxxxxxx Road a distance of
500 feet to the point of beginning.
Gladwin County
Certain land in Xxxxxx Township, Gladwin County, Michigan
described as:
The East 400 feet of the South 450 feet of Section 2,
T19N, R1E.
Grand Traverse County
Certain land in Xxxxxxxx Township, Grand Traverse County, Michigan
described as:
A parcel of land in the Northwest 1/4 of Section 3, T25N,
R11W, described as follows: Commencing at the Northwest
corner of said section, running thence S 89 19'15" E along
the North line of said section and the center line of
Clouss Road 225 feet, thence South 400 feet, thence
N 89 19'15" W 225 feet to the West line of said section
and the center line of Hannah Road, thence North along the
West line of said section and the center line of Hannah
Road 400 feet to the place of beginning for this
description.
Gratiot County
Certain land in Washington Township, Gratiot County, Michigan
described as:
Commencing at the Northeast corner of Section 10, T9N,
R2W, running thence West along the North line of said
section a distance of 194.5 feet, thence S0 07'10"W
200 feet to a point, thence East 194.5 feet to the East
line of said Section 10, thence N0 07'10"E along the East
line of said section a distance of 200 feet to the point
of beginning.
Hillsdale County
Certain land in Litchfield Village, Hillsdale County, Michigan
described as:
Lots numbered three (3) and four (4) of Block three (3) of
Xxxxxx Xxxxxx Southern Addition to the Village of
Litchfield according to the recorded plat thereof as
recorded in Liber AK of deeds, page 490.
Huron County
Certain easement rights located across land in Sebewaing Township,
Huron County, Michigan described as:
The North 1/2 of the Northwest 1/4 of Section 15, T15N,
R9E.
Xxxxxx County
Certain land in Vevay Township, Xxxxxx County, Michigan described
as:
A parcel of land 660 feet wide in the Southwest 1/4 of
Section 7 lying South of the centerline of Xxxxx Road as
extended to the North-South 1/4 line of said Section 7,
T2N, R1W, more particularly described as follows:
Commence at the Southwest corner of said Section 7, thence
North along the West line of said Section 2502.71 feet to
the centerline of Xxxxx Road; thence South 89 54'45" East
along said centerline 2282.38 feet to the place of
beginning of this description; thence continuing South
89 54'45" East along said centerline and said centerline
extended 660.00 feet to the North-South 1/4 line of said
section; thence South 00 07'20" West 1461.71 feet; thence
North 89 34'58" West 660.00 feet; thence North 00 07'20"
East 1457.91 feet to the centerline of Xxxxx Road and the
place of beginning.
Ionia County
Certain land in Sebewa Township, Ionia County, Michigan described
as:
A strip of land 280 feet wide across that part of the
SW 1/4 of the NE 1/4 of Section 15, T5N, R6W, described as
follows: To find the place of beginning of this
description commence at the E 1/4 corner of said section;
run thence N 00 05' 38" W along the East line of said
section, 1218.43 feet; thence S 67 18' 24" W,
1424.45 feet to the East 1/8 line of said section and the
place of beginning of this description; thence continuing
S 67 18' 24" W, 1426.28 feet to the North and South 1/4
line of said section at a point which said point is 105.82
feet distant N'ly of the center of said section as
measured along said North and South 1/4 line of said
section; thence N 00 04' 47" E along said North and South
1/4 line of said section, 303.67 feet; thence N 67 18'
24" E, 1425.78 feet to the East 1/8 line of said section;
thence S 00 00' 26" E along said East 1/8 line of said
section, 303.48 feet to the place of beginning. (Bearings
are based on the East line of Section 15, T5N, R6W, from
the E 1/4 corner of said section to the Northeast corner
of said section assumed as N 00 05' 38" W.)
Iosco County
Certain land in Alabaster Township, Iosco County, Michigan
described as:
A parcel of land in the NW 1/4 of Section 34, T21N, R7E,
described as follows: To find the place of beginning of
this description commence at the N 1/4 post of said
section; run thence South along the North and South 1/4
line of said section, 1354.40 feet to the place of
beginning of this description; thence continuing South
along the said North and South 1/4 line of said section,
165.00 feet to a point on the said North and South 1/4
line of said section which said point is 1089.00 feet
distant North of the center of said section; thence West
440.00 feet; thence North 165.00 feet; thence East 440.00
feet to the said North and South 1/4 line of said section
and the place of beginning.
Xxxxxxxx County
Certain land in Chippewa Township, Xxxxxxxx County, Michigan
described as:
The North 8 rods of the NE 1/4 of the SE 1/4 of
Section 29, T14N, R3W.
Xxxxxxx County
Certain land in Waterloo Township, Xxxxxxx County, Michigan
described as:
A parcel of land in the North fractional part of the N
fractional 1/2 of Section 2, T1S, R2E, described as
follows: To find the place of beginning of this
description commence at the E 1/4 post of said section;
run thence N 01 03' 40" E along the East line of said
section 13335.45 feet to the North 1/8 line of said
section and the place of beginning of this description;
thence N 89 32' 00" W, 2677.7 feet to the North and South
1/4 line of said section; thence S 00 59' 25" W along the
North and South 1/4 line of said section 22.38 feet to the
North 1/8 line of said section; thence S 89 59' 10" W
along the North 1/8 line of said section 2339.4 feet to
the center line of State Trunkline Highway M-52; thence
N 53 46' 00" W along the center line of said State
Trunkline Highway 414.22 feet to the West line of said
section; thence N 00 55' 10" E along the West line of
said section 74.35 feet; thence S 89 32' 00" E,
5356.02 feet to the East line of said section; thence
S 01 03' 40" W along the East line of said section
250 feet to the place of beginning.
Kalamazoo County
Certain land in Alamo Township, Kalamazoo County, Michigan
described as:
The South 350 feet of the NW 1/4 of the NW 1/4 of
Section 16, T1S, R12W, being more particularly described
as follows: To find the place of beginning of this
description, commence at the Northwest corner of said
section; run thence S 00 36' 55" W along the West line of
said section 971.02 feet to the place of beginning of this
description; thence continuing S 00 36' 55" W along said
West line of said section 350.18 feet to the North 1/8
line of said section; thence S 87 33' 40" E along the
said North 1/8 line of said section 1325.1 feet to the
West 1/8 line of said section; thence N 00 38' 25" E
along the said West 1/8 line of said section 350.17 feet;
thence N 87 33' 40" W, 1325.25 feet to the place of
beginning.
Kalkaska County
Certain land in Kalkaska Township, Kalkaska County, Michigan
described as:
The NW 1/4 of the SW 1/4 of Section 4, T27N, R7W,
excepting therefrom all mineral, coal, oil and gas and
such other rights as were reserved unto the State of
Michigan in that certain deed running from the Department
of Conservation for the State of Michigan to Xxxxxx Xxxxxx
and Xxxx Xxxxxx, his wife, dated October 9, 1934 and
recorded December 28, 1934 in Liber 39 on page 291 of
Kalkaska County Records, and subject to easement for
pipeline purposes as granted to Michigan Consolidated Gas
Company by first party herein on April 4, 1963 and
recorded June 21, 1963 in Liber 91 on page 631 of Kalkaska
County Records.
Kent County
Certain land in Caledonia Township, Kent County, Michigan
described as:
A parcel of land in the Northwest fractional 1/4 of
Section 15, T5N, R10W, described as follows: To find the
place of beginning of this description commence at the
North 1/4 corner of said section, run thence S 0 59'
26" E along the North and South 1/4 line of said section
2046.25 feet to the place of beginning of this
description, thence continuing S 0 59' 26" E along said
North and South 1/4 line of said section 332.88 feet,
thence S 88 58' 30" W 2510.90 feet to a point herein
designated "Point A" on the East bank of the Thornapple
River, thence continuing S 88 53' 30" W to the center
thread of the Thornapple River, thence NW'ly along the
center thread of said Thornapple River to a point which
said point is S 88 58' 30" W of a point on the East bank
of the Thornapple River herein designated "Point B", said
"Point B" being N 23 41' 35" W 360.75 feet from said
above-described "Point A", thence N 88 58' 30" E to said
"Point B", thence continuing N 88 58' 30" E 2650.13 feet
to the place of beginning. (Bearings are based on the
East line of Section 15, T5N, R10W between the East 1/4
corner of said section and the Northeast corner of said
section assumed as N 0 59' 55" W.)
Lake County
Certain land in Pinora and Cherry Valley Townships, Lake County,
Michigan described as:
A strip of land 50 feet wide East and West along and
adjoining the West line of highway on the East side of the
North 1/2 of Section 13 T18N, R12W. Also a strip of land
100 feet wide East and West along and adjoining the East
line of the highway on the West side of following
described land: The South 1/2 of NW 1/4, and the South 1/2 of
the NW 1/4 of the SW 1/4, all in Section 6, T18N, R11W.
Lapeer County
Certain land in Xxxxxx Township, Lapeer County, Michigan described
as:
The South 825 feet of the W 1/2 of the SW 1/4 of
Section 24, T6N, R9E, except the West 1064 feet thereof.
Leelanau County
Certain land in Cleveland Township, Leelanau County, Michigan
described as:
The North 200 feet of the West 180 feet of the SW 1/4 of
the SE 1/4 of Section 35, T29N, R13W.
Lenawee County
Certain land in Madison Township, Lenawee County, Michigan
described as:
A strip of land 165 feet wide off the West side of the
following described premises: The E1/2 of the SE1/4 of
Section 12. The E1/2 of the NE1/4 and the NE1/4 of the SE1/4 of
Section 13, being all in T7S, R3E, excepting therefrom a
parcel of land in the E1/2 of the SE1/4 of Section 12, T7S,
R3E, beginning at the Northwest corner of said E1/2 of the
SE1/4 of Section 12, running thence East 4 rods, thence
South 6 rods, thence West 4 rods, thence North 6 rods to
the place of beginning.
Xxxxxxxxxx County
Certain land in Cohoctah Township, Xxxxxxxxxx County, Michigan
described as:
Parcel 1
The East 390 feet of the East 50 rods of the SW 1/4 of
Section 30, T4N, R4E.
Parcel 2
A parcel of land in the NW 1/4 of Section 31, T4N, R4E,
described as follows: To find the place of beginning of
this description commence at the N 1/4 post of said
section; run thence N 89 13' 06" W along the North line
of said section, 330 feet to the place of beginning of
this description; running thence S 00 52' 49" W,
2167.87 feet; thence N 88 59' 49" W, 60 feet; thence
N 00 52' 49" E, 2167.66 feet to the North line of said
section; thence S 89 13' 06" E along said North line of
said section, 60 feet to the place of beginning.
Mackinac County
Certain easement rights located across land in Xxxxx Township,
Mackinac County, Michigan described as:
A 20 foot wide strip of land, 10 feet on each side of the
hereinafter described center line, through Lots 16, 17 and
21, Block 12 of Partition Plat of Private Claim No. 1,
Section 23, Township 40 North, Range 4 West: Said center
line being described as beginning at Edison Sault Electric
Company's existing 35 foot service pole located 200 feet,
more or less, Northerly of the shoreline of the Straits of
Mackinac, running thence Easterly to a point approximately
20 feet Westerly of the center line of Lakehead Pipeline
Company's existing 20 inch pipeline, thence Northerly and
Easterly along and approximately 20 feet Westerly and
Northerly of the center line of said 20 inch existing
pipeline to a certain Michigan Bell Telephone Company's
existing pole located Easterly of the Westerly line of
Lot 22, Block 12 of Partition Plat of Private Claim No. 1
in said Section 23.
Macomb County
Certain land in Macomb Township, Macomb County, Michigan described
as:
A parcel of land commencing on the West line of the E 1/2
of the NW 1/4 of fractional Section 6, 20 chains South of
the NW corner of said E 1/2 of the NW 1/4 of Section 6;
thence South on said West line and the East line of X.
Xxxxx Xxxxxx'x Xxxxx Road Subdivision #15, according to
the recorded plat thereof, as recorded in Liber 24 of
Plats, on page 7, 24.36 chains to the East and West 1/4
line of said Section 6; thence East on said East and West
1/4 line 8.93 chains; thence North parallel with the said
West line of the E 1/2 of the NW 1/4 of Section 6, 24.36
chains; thence West 8.93 chains to the place of beginning,
all in T3N, R13E.
Manistee County
Certain land in Manistee Township, Manistee County, Michigan
described as:
A parcel of land in the SW 1/4 of Section 20, T22N, R16W,
described as follows: To find the place of beginning of
this description, commence at the Southwest corner of said
section; run thence East along the South line of said
section 832.2 feet to the place of beginning of this
description; thence continuing East along said South line
of said section 132 feet; thence North 198 feet; thence
West 132 feet; thence South 198 feet to the place of
beginning, excepting therefrom the South 2 rods thereof
which was conveyed to Manistee Township for highway
purposes by a Quitclaim Deed dated June 13, 1919 and
recorded July 11, 1919 in Liber 88 of Deeds on page 638 of
Manistee County Records.
Xxxxx County
Certain land in Riverton Township, Xxxxx County, Michigan
described as:
Parcel 1
The South 10 acres of the West 20 acres of the S 1/2 of
the NE 1/4 of Section 22, T17N, R17W.
Parcel 2
A parcel of land containing 4 acres of the West side of
highway, said parcel of land being described as commencing
16 rods South of the Northwest corner of the NW 1/4 of the
SW 1/4 of Section 22, T17N, R17W, running thence South 64
rods, thence NE'ly and N'ly and NW'ly along the W'ly line
of said highway to the place of beginning, together with
any and all right, title, and interest of Xxxxxx X.
Xxxxxxxx and Xxxxxxxxx X. Xxxxxxxx in and to that portion
of the hereinbefore mentioned highway lying adjacent to
the E'ly line of said above described land.
Mecosta County
Certain land in Wheatland Township, Mecosta County, Michigan
described as:
A parcel of land in the SW1/4 of the SW1/4 of Section 16,
T14N, R7W, described as beginning at the Southwest corner
of said section; thence East along the South line of
Section 133 feet; thence North parallel to the West
section line 133 feet; thence West 133 feet to the West
line of said Section; thence South 133 feet to the place
of beginning.
Midland County
Certain land in Ingersoll Township, Midland County, Michigan
described as:
The West 200 feet of the W 1/2 of the NE 1/4 of Section 4,
T13N, R2E.
Missaukee County
Certain land in Norwich Township, Missaukee County, Michigan
described as:
A parcel of land in the NW 1/4 of the NW 1/4 of
Section 16, T24N, R6W, described as follows: Commencing
at the Northwest corner of said section, running thence
N 89 01' 45" E along the North line of said section
233.00 feet; thence South 233.00 feet; thence S 89 01'
45" W, 233.00 feet to the West line of said section;
thence North along said West line of said section 233.00
feet to the place of beginning. (Bearings are based on
the West line of Section 16, T24N, R6W, between the
Southwest and Northwest corners of said section assumed as
North.)
Monroe County
Certain land in LaSalle Township, Monroe County, Michigan
described as:
A strip of land 150 feet in width across part of the S 1/2
of the SE 1/4 of Section 35, T7S, R8E, described as
follows: To find the place of beginning of this
description commence at the S 1/4 post of said section;
run thence N 89 30' 20" E along the South line of said
section 2118.39 feet to the place of beginning of this
description; thence continuing N 89 30' 20" E along said
South line of said section 198.56 feet to the NW'ly right-
of-way line of Highway I-75, so called; thence N 40 26'
30" E along the NW'ly line of said highway 477.72 feet to
the East line of said section; thence N 00 25' 15" W
along the East line of said section 229.27 feet; thence
S 40 26' 30" W, 781.21 feet to the place of beginning.
Montcalm County
Certain land in Crystal Township, Montcalm County, Michigan
described as:
The N 1/2 of the S 1/2 of the SE 1/4 of Section 35, T10N,
R5W.
Montmorency County
Certain land in the Village of Xxxxxxx, Montmorency County,
Michigan described as:
Lot 14 of Hillman Industrial Park, being a subdivision in
the South 1/2 of the Northwest 1/4 of Section 24, T31N,
R4E, according to the plat thereof recorded in Liber 4 of
Plats on Pages 32-34, Montmorency County Records.
Muskegon County
Certain land in Casnovia Township, Muskegon County, Michigan
described as:
The West 433 feet of the North 180 feet of the South
425 feet of the SW 1/4 of Section 3, T10N, R13W.
Newaygo County
Certain land in Ashland Township, Newaygo County, Michigan
described as:
The West 250 feet of the NE 1/4 of Section 23, T11N, R13W.
Oakland County
Certain land in Wixcom City, Oakland County, Michigan described
as:
The E 75 feet of the N 160 feet of the N 330 feet of the W
526.84 feet of the NW 1/4 of the NW 1/4 of Section 8, T1N,
R8E, more particularly described as follows: Commence at
the NW corner of said Section 8, thence N 87 14' 29" E
along the North line of said Section 8 a distance of
451.84 feet to the place of beginning for this
description; thence continuing N 87 14' 29" E along said
North section line a distance of 75.0 feet to the East
line of the West 526.84 feet of the NW 1/4 of the NW 1/4
of said Section 8; thence S 02 37' 09" E along said East
line a distance of 160.0 feet; thence S 87 14' 29" W a
distance of 75.0 feet; thence N 02 37' 09" W a distance
of 160.0 feet to the place of beginning.
Oceana County
Certain land in Crystal Township, Oceana County, Michigan
described as:
The East 290 feet of the SE 1/4 of the NW 1/4 and the East
290 feet of the NE 1/4 of the SW 1/4, all in Section 20,
T16N, R16W.
Ogemaw County
Certain land in West Branch Township, Ogemaw County, Michigan
described as:
The South 660 feet of the East 660 feet of the NE 1/4 of
the NE 1/4 of Section 33, T22N, R2E.
Osceola County
Certain land in Xxxxxx Township, Osceola County, Michigan
described as:
A parcel of land in the North 1/2 of the Northeast 1/4 of
Section 13, T17N, R9W, described as commencing at the
Northeast corner of said Section; thence West along the
North Section line 999 feet to the point of beginning of
this description; thence S 01 54' 20" E 1327.12 feet to
the North 1/8 line; thence S 89 17' 05" W along the North
1/8 line 330.89 feet; thence N 01 54' 20" W 1331.26 feet
to the North Section line; thence East along the North
Section line 331 feet to the point of beginning.
Oscoda County
Certain land in Xxxxxx Township, Oscoda County, Michigan described
as:
The East 400 feet of the South 580 feet of the W 1/2 of
the SW 1/4 of Section 15, T27N, R3E.
Otsego County
Certain land in Corwith Township, Otsego County, Michigan
described as:
Part of the NW 1/4 of the NE 1/4 of Section 28, T32N, R3W,
described as: Beginning at the N 1/4 corner of said
section; running thence S 89 04' 06" E along the North
line of said section, 330.00 feet; thence S 00 28' 43" E,
400.00 feet; thence N 89 04' 06" W, 330.00 feet to the
North and South 1/4 line of said section; thence N 00 28'
43" W along the said North and South 1/4 line of said
section, 400.00 feet to the point of beginning; subject to
the use of the N'ly 33.00 feet thereof for highway
purposes.
Ottawa County
Certain land in Xxxxxxxx Township, Ottawa County, Michigan
described as:
The North 660 feet of the West 660 feet of the NE 1/4 of
the NW 1/4 of Section 26, T7N, R15W.
Presque Isle County
Certain land in Xxxxxxx and Xxxxxxxx Townships, Presque Isle
County, Michigan described as:
Part of the South half of the Northeast quarter,
Section 24, T34N, R5E, and part of the Northwest quarter,
Section 19, T34N, R6E, more fully described as:
Commencing at the East 1/4 corner of said Section 24;
thence N 00 15'47" E, 507.42 feet, along the East line of
said Section 24 to the point of beginning; thence
S 88 15'36" W, 400.00 feet, parallel with the North 1/8
line of said Section 24; thence N 00 15'47" E,
800.00 feet, parallel with said East line of Section 24;
thence N 88 15'36"E, 800.00 feet, along said North 1/8
line of Section 24 and said line extended; thence
S 00 15'47" W, 800.00 feet, parallel with said East line
of Section 24; thence S 88 15'36" W, 400.00 feet, parallel
with said North 1/8 line of Section 24 to the point of
beginning.
Together with a 33 foot easement along the West 33 feet of
the Northwest quarter lying North of the North 1/8 line of
Section 24, Xxxxxxx Township, extended, in Section 19,
T34N, R6E.
Roscommon County
Certain land in Xxxxxx Township, Roscommon County, Michigan
described as:
A parcel of land the NW 1/4 of the NE 1/4 of the NE 1/4 of
Section 18, T22N, R2W described as commencing at the North
quarter corner thereof; thence North 89 00'56" East along
the North Section line 208 feet to the point of beginning;
thence continue East along the North line of said Section
245 feet; thence South 00 59'03" East 233 feet; thence
South 89 00'57" West 245 feet; thence North 00 59'03" West
233 feet to the point of beginning.
Saginaw County
Certain land in Xxxxxx Township, Saginaw County, Michigan
described as:
A parcel of land in the SW 1/4 of Section 13, T9N, R1E,
described as follows: To find the place of beginning of
this description commence at the Southwest corner of said
section; run thence North along the West line of said
section 1581.4 feet to the place of beginning of this
description; thence continuing North along said West line
of said section 230 feet to the center line of a creek;
thence S 70 07' 00" E along said center line of said
creek 196.78 feet; thence South 163.13 feet; thence West
185 feet to the West line of said section and the place of
beginning.
Sanilac County
Certain easement rights located across land in Minden Township,
Sanilac County, Michigan described as:
The Southeast 1/4 of the Southeast 1/4 of Section 1, T14N,
R14E, excepting therefrom the South 83 feet of the East 83
feet thereof.
Shiawassee County
Certain land in Xxxxx Township, Shiawassee County, Michigan
described as:
The South 330 feet of the E 1/2 of the NE 1/4 of
Section 36, T5N, R4E.
St. Clair County
Certain land in Ira Township, St. Clair County, Michigan described
as:
The N 1/2 of the NW 1/4 of the NE 1/4 of Section 6, T3N,
R15E.
St. Xxxxxx County
Certain land in Mendon Township, St. Xxxxxx County, Michigan
described as:
The North 660 feet of the West 660 feet of the NW 1/4 of
SW 1/4, Section 35, T5S, R10W.
Tuscola County
Certain land in Millington Township, Tuscola County, Michigan
described as:
A strip of land 280 feet wide across the East 96 rods of
the South 20 rods of the N 1/2 of the SE 1/4 of
Section 34, T10N, R8E, more particularly described as
commencing at the Northeast corner of Section 3, T9N, R8E,
thence S 89 55' 35" W along the South line of said
Section 34 a distance of 329.65 feet, thence N 18 11'
50" W a distance of 1398.67 feet to the South 1/8 line of
said Section 34 and the place of beginning for this
description; thence continuing N 18 11' 50" W a distance
of 349.91 feet; thence N 89 57' 01" W a distance of
294.80 feet; thence S 18 11' 50" E a distance of
350.04 feet to the South 1/8 line of said Section 34;
thence S 89 58' 29" E along the South 1/8 line of said
section a distance of 294.76 feet to the place of
beginning.
Van Buren County
Certain land in Covert Township, Van Buren County, Michigan
described as:
All that part of the West 20 acres of the N 1/2 of the NE
fractional 1/4 of Section 1, T2S, R17W, except the West 17
rods of the North 80 rods, being more particularly
described as follows: To find the place of beginning of
this description commence at the N 1/4 post of said
section; run thence N 89 29' 20" E along the North line
of said section 280.5 feet to the place of beginning of
this description; thence continuing N 89 29' 20" E along
said North line of said section 288.29 feet; thence S 00
44' 00" E, 1531.92 feet; thence S 89 33' 30" W,
568.79 feet to the North and South 1/4 line of said
section; thence N 00 44' 00" W along said North and South
1/4 line of said section 211.4 feet; thence N 89 29'
20" E, 280.5 feet; thence N 00 44' 00" W, 1320 feet to
the North line of said section and the place of beginning.
Washtenaw County
Certain land in Manchester Township, Washtenaw County, Michigan
described as:
A parcel of land in the NE 1/4 of the NW 1/4 of Section 1,
T4S, R3E, described as follows: To find the place of
beginning of this description commence at the Northwest
corner of said section; run thence East along the North
line of said section 1355.07 feet to the West 1/8 line of
said section; thence S 00 22' 20" E along said West 1/8
line of said section 927.66 feet to the place of beginning
of this description; thence continuing S 00 22' 20" E
along said West 1/8 line of said section 660 feet to the
North 1/8 line of said section; thence N 86 36' 57" E
along said North 1/8 line of said section 660.91 feet;
thence N 00 22' 20" W, 660 feet; thence S 86 36' 57" W,
660.91 feet to the place of beginning.
Xxxxx County
Certain land in Livonia City, Xxxxx County, Michigan described as:
Commencing at the Southeast corner of Section 6, T1S, R9E;
thence North along the East line of Section 6 a distance
of 253 feet to the point of beginning; thence continuing
North along the East line of Section 6 a distance of
50 feet; thence Westerly parallel to the South line of
Section 6, a distance of 215 feet; thence Southerly
parallel to the East line of Section 6 a distance of
50 feet; thence easterly parallel with the South line of
Section 6 a distance of 215 feet to the point of
beginning.
Wexford County
Certain land in Selma Township, Wexford County, Michigan described
as:
A parcel of land in the NW1/4 of Section 7, T22N, R10W,
described as beginning on the North line of said section
at a point 200 feet East of the West line of said section,
running thence East along said North section line 450
feet, thence South parallel with said West section line
350 feet, thence West parallel with said North section
line 450 feet, thence North parallel with said West
section line 350 feet to the place of beginning.SECTION
14. The Company is a transmitting utility under
Section 9401(5) of the Michigan Uniform Commercial Code
(M.C.L. 440.9401(5)) as defined in M.C.L. 440.9105(n).
IN WITNESS WHEREOF, said Consumers Energy Company has caused this
Supplemental Indenture to be executed in its corporate name by its
Chairman of the Board, President, a Vice President or its Treasurer and
its corporate seal to be hereunto affixed and to be attested by its
Secretary or an Assistant Secretary, and said The Chase Manhattan Bank, as
Trustee as aforesaid, to evidence its acceptance hereof, has caused this
Supplemental Indenture to be executed in its corporate name by a Vice
President and its corporate seal to be hereunto affixed and to be attested
by a Trust Officer, in several counterparts, all as of the day and year
first above written.
CONSUMERS ENERGY COMPANY
(SEAL) By /s/ A.M. Xxxxxx
_________________________
Xxxx X. Xxxxxx
Attest: Senior Vice President and
Chief Financial Officer
/s/ Xxxxx X. Xxxxxx
____________________________
Xxxxx X. Xxxxxx
Assistant Secretary
Signed, sealed and delivered
by CONSUMERS ENERGY COMPANY
in the presence of
/s/ Xxxxxxxx X. Xxxxxxxx
____________________________
Xxxxxxxx X. Xxxxxxxx
/s/ Xxxxxx X. Xxxxxx
____________________________
Xxxxxx X. Xxxxxx
STATE OF MICHIGAN)
ss.
COUNTY OF XXXXXXX)
The foregoing instrument was acknowledged before me this 29th day
of October, 1998, by Xxxx X. Xxxxxx, Senior Vice President and Chief
Financial Officer of CONSUMERS ENERGY COMPANY, a Michigan corporation, on
behalf of the corporation.
/s/ Xxxxxxxx Xxxxxxx
______________________________
Xxxxxxxx Xxxxxxx, Notary Public
[Seal] Xxxxxxx County, Michigan
My Commission Expires: June 14, 2000
THE CHASE MANHATTAN BANK, AS TRUSTEE
(SEAL) By /s/ Xxxxx X. XxXxxxxx
______________________________
Attest: Vice President
/s/ X. X'Xxxxx
____________________________
Senior Trust Officer
X. X'Xxxxx
Signed, sealed and delivered
by THE CHASE MANHATTAN BANK
in the presence of
/s/ Xxxxxxx X. Xxxxx
____________________________
Xxxxxxx X. Xxxxx
Administrator
/s/ Xxxx X. Xxxxxx
____________________________
Xxxx X. Xxxxxx
Administrator
STATE OF NEW YORK)
ss.
COUNTY OF NEW YORK)
The foregoing instrument was acknowledged before me this 29th day
of October, 1998, by Xxxxx X. XxXxxxxx, a Vice President of THE CHASE
MANHATTAN BANK, a New York corporation, on behalf of the corporation.
/s/ Xxxxx Xxxxx
______________________________
Notary Public
[Seal] New York County, New York
My Commission Expires: 12/31/98
Prepared by: When recorded, return to:
Xxxxxxxx X. XxxxxxxxXxxxxxxxx Energy Company
000 Xxxx Xxxxxxxx XxxxxxXxxxxxx Services Real Estate Department
Jackson, MI 49201 Attn: Xxxxx X. Xxxxxx, P-21-410B
0000 X. Xxxxxxx Xxxx
Xxxxxxx, XX 00000
