================================================================================
PUBLIC SERVICE COMPANY OF NEW MEXICO
to
THE BANK OF NEW YORK
(formerly Irving Trust Company),
Trustee
--------------
FIFTY-THIRD SUPPLEMENTAL INDENTURE
Dated as of March 11, 1998
(Supplemental to Indenture of Mortgage and Deed of Trust
dated as of June 1, 1947)
Making Provision for Certain Changes to the Indenture of Mortgage
and Deed of Trust With the Consent of Holders of Bonds
The Mortgage of which this instrument forms a part
covers real property, personal property and
chattels.
The above-described Indenture of Mortgage and Deed of Trust
contains after-acquired property provisions
(subject to certain limitations on such provisions as
therein expressed and subject to Article 6 of this
Fifty-third Supplemental Indenture).
================================================================================
63028791.15 Document No. 503
FIFTY-THIRD SUPPLEMENTAL INDENTURE dated as of March 11, 1998 between
PUBLIC SERVICE COMPANY OF NEW MEXICO, a corporation organized and existing under
the laws of the State of New Mexico, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ (hereinafter called the "Company"), party of the first part, and THE BANK
OF NEW YORK (formerly Irving Trust Company), a corporation organized and
existing under the laws of the State of New York, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇
▇▇▇▇ ▇▇▇▇▇ (hereinafter sometimes called the "Trustee"), as Trustee, party of
the second part.
WHEREAS, the Company did heretofore execute and deliver an Indenture of
Mortgage and Deed of Trust dated as of June 1, 1947 (hereinafter referred to as
the "Original Indenture"), to the Trustee to secure an issue of First Mortgage
Bonds of the Company, issuable in series, and created thereunder an initial
series of bonds, designated as First Mortgage Bonds, 2-7/8% Series due 1977,
none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain First
Supplemental Indenture dated as of January 1, 1948, to the Trustee and created
thereunder a series of bonds designated as First Mortgage Bonds, 3-3/8% Series
due 1978, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Second Supplemental Indenture dated as of December 1, 1948, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 3-3/8%
Series due 1977, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain Third
Supplemental Indenture dated as of December 1, 1950, to the Trustee and created
thereunder a series of bonds designated as First Mortgage Bonds, 3% Series due
1980, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Fourth Supplemental Indenture dated as of March 1, 1952, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 3-3/4%
Series due 1982, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain Fifth
Supplemental Indenture dated as of April 1, 1954, to the Trustee and created
thereunder a series of bonds designated as First Mortgage Bonds, 3-5/8% Series
due 1984, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain Sixth
Supplemental Indenture dated as of July 1, 1955, to the Trustee for the purpose
of further assuring, conveying and confirming unto the Trustee additional
property and also, by different description, certain property which is described
in the Granting Clauses of the Original Indenture, no bonds having been created
or issued thereunder; and
63028791.15 Document No. 503
WHEREAS, the Company did heretofore execute and deliver a certain
Seventh Supplemental Indenture dated as of June 1, 1958, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 4-3/8%
Series due 1988, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Eighth Supplemental Indenture dated as of February 1, 1961, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 4-7/8%
Series due 1991, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain Ninth
Supplemental Indenture dated as of January 1, 1967, to the Trustee for the
purpose of modifying certain provisions of the Original Indenture, no bonds
having been created or issued thereunder; and
WHEREAS, the Company did heretofore execute and deliver a certain Tenth
Supplemental Indenture dated as of May 1, 1967, to the Trustee and created
thereunder a series of bonds designated as First Mortgage Bonds, 5-7/8% Series
due 1997, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Eleventh Supplemental Indenture dated as of April 1, 1969, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 7-1/4%
Series due 1999 (the "1969 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Twelfth Supplemental Indenture dated as of September 15, 1971, to the Trustee
for the purpose of amending the Original Indenture in one respect and for the
purpose of creating thereunder a series of bonds designated as First Mortgage
Bonds, 8-1/8% Series due 2001 (the "1971 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirteenth Supplemental Indenture dated as of June 15, 1972, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 7-1/2%
Series due 2002 (the "1972 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Fourteenth Supplemental Indenture dated as of December 1, 1974 (hereinafter
referred to as the "Fourteenth Supplemental Indenture"), to the Trustee for the
purpose of amending the Original Indenture in certain respects and for the
purpose of further assuring, conveying and confirming unto the Trustee
additional property, no bonds having been created or issued thereunder; and
WHEREAS, the Company did heretofore execute and deliver a certain
Fifteenth Supplemental Indenture dated as of March 15, 1975, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 9-1/8%
Series due 2005 (the "1975 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Sixteenth Supplemental Indenture dated as of April 1, 1976, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1976
Pollution Control Series, none of which bonds is presently outstanding; and
63028791.15 Document No. 503
2
WHEREAS, the Company did heretofore execute and deliver a certain
Seventeenth Supplemental Indenture dated as of June 1, 1977, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 8-1/8%
Series due 2007 (the "1977 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Eighteenth Supplemental Indenture dated as of March 1, 1978, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1978
Pollution Control Series A, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Nineteenth Supplemental Indenture dated as of April 15, 1978, to the Trustee for
the purpose of further assuring, conveying and confirming unto the Trustee
additional property, no bonds having been created or issued thereunder; and
WHEREAS, the Company did heretofore execute and deliver a certain
Twentieth Supplemental Indenture dated as of May 1, 1978, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 9%
Series due 2008 (the "1978 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-first Supplemental Indenture dated as of September 1, 1979, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 1979 Pollution Control Series A, none of which bonds is presently
outstanding hereunder; and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-second Supplemental Indenture dated as of October 1, 1979, to the Trustee
for the purpose of amending the Original Indenture in one respect and for the
purpose of creating thereunder a series of bonds designated as First Mortgage
Bonds, 10-1/8% Series due 2004, none of which bonds is presently outstanding;
and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-third Supplemental Indenture dated as of May 15, 1980, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1980
Pollution Control Series A, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-fourth Supplemental Indenture dated as of September 15, 1980, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 12.95% Series due 1985, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-fifth Supplemental Indenture dated as of October 1, 1981, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
17-1/2% Series due 2011, none of which bonds is presently outstanding; and
63028791.15 Document No. 503
3
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-sixth Supplemental Indenture dated as of November 1, 1982, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
13-1/8% Series due 2012, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-seventh Supplemental Indenture dated as of September 1, 1983, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 12-7/8% Series due 2013, none of which bonds is presently outstanding;
and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-eighth Supplemental Indenture dated as of November 15, 1983, to the
Trustee for the purpose of further assuring, conveying and confirming unto the
Trustee additional property, no bonds having been created or issued thereunder;
and
WHEREAS, the Company did heretofore execute and deliver a certain
Twenty-ninth Supplemental Indenture dated as of December 1, 1983, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
1983 Pollution Control Series A, none of which bonds is presently outstanding;
and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirtieth Supplemental Indenture dated as of August 15, 1984, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 13-1/8%
Series due 1994, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-first Supplemental Indenture dated as of September 15, 1984, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 1984 Pollution Control Series, none of which bonds is presently
outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-second Supplemental Indenture dated as of December 1, 1984, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 1984 Pollution Control Series A, none of which bonds is presently
outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-third Supplemental Indenture dated as of December 15, 1987 (the "33rd
Supplement"), to the Trustee for the purpose of further assuring, conveying and
confirming unto the Trustee additional property, no bonds having been created or
issued thereunder; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-fourth Supplemental Indenture dated as of March 8, 1991, to the Trustee
and created thereunder a series of bonds designated as first Mortgage Bonds,
1991 Series A, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-fifth Supplemental Indenture dated as of March 8, 1991, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
1991 Series B, none of which bonds is presently outstanding; and
63028791.15 Document No. 503
4
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-sixth Supplemental Indenture dated as of March 8, 1991, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
1991 Series C, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-seventh Supplemental Indenture dated as of November 1, 1992 (hereinafter
referred to as the "Thirty-seventh Supplemental Indenture"), to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1992
Pollution Control Series A (the "1992 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-eighth Supplemental Indenture dated as of January 1, 1993 (hereinafter
referred to as the "Thirty-eighth Supplemental Indenture"), to the Trustee and
created thereunder two new series of bonds designated as First Mortgage Bonds,
1993 Pollution Control Series A, and First Mortgage Bonds, 1993 Pollution
Control Series B (collectively, the "First 1993 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Thirty-ninth Supplemental Indenture dated as of August 15, 1993 (hereinafter
referred to as the "Thirty-ninth Supplemental Indenture"), to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1993
Pollution Control Series C (the "Second 1993 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Fortieth Supplemental Indenture dated as of August 15, 1993 (hereinafter
referred to as the "Fortieth Supplemental Indenture"), to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1993
Pollution Control Series D (the "Third 1993 Series"; together with the First
1993 Series and the Second 1993 Series, the "1993 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-first Supplemental Indenture dated as of December 14, 1993, to the Trustee
and created thereunder a series of bonds designated as First Mortgage Bonds,
1993 Series A, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-second Supplemental Indenture dated as of December 14, 1993, to the
Trustee and created thereunder a series of bonds designated as First Mortgage
Bonds, 1993 Series B, none of which bonds is presently outstanding; and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-third Supplemental Indenture dated as of June 7, 1995, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1995
Series A (the "First 1995 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-fourth Supplemental Indenture dated as of June 7, 1995, to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1995
Series B (together with the First 1995 Series, the "1995 Series"); and
63028791.15 Document No. 503
5
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-fifth Supplemental Indenture dated as of December 1, 1996 (hereinafter
referred to as the "Forty-fifth Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1996
Pollution Control Series A and First Mortgage Bonds, 1996 Pollution Control
Series B (collectively, the "First 1996 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-sixth Supplemental Indenture dated as of December 1, 1996 (hereinafter
referred to as the "Forty-sixth Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1996
Pollution Control Series C and First Mortgage Bonds, 1996 Pollution Control
Series D (collectively, the "Second 1996 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-seventh Supplemental Indenture dated as of December 1, 1996 (hereinafter
referred to as the "Forty-seventh Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1996
Pollution Control Series E and First Mortgage Bonds, 1996 Pollution Control
Series F (collectively, the "Third 1996 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-eighth Supplemental Indenture dated as of December 1, 1996 (hereinafter
referred to as the "Forty-eighth Supplemental Indenture"), to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1996
Pollution Control Series G (the "Fourth 1996 Series"; together with the First
1996 Series, the Second 1996 Series and the Third 1996 Series, the "1996
Series");
WHEREAS, the Company did heretofore execute and deliver a certain
Forty-ninth Supplemental Indenture dated as of February 1, 1997 (hereinafter
referred to as the "Forty-ninth Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1997
Pollution Control Series A and First Mortgage Bonds, 1997 Pollution Control
Series B (collectively, the "First 1997 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Fiftieth Supplemental Indenture dated as of February 1, 1997 (hereinafter
referred to as the "Fiftieth Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1997
Pollution Control Series C and First Mortgage Bonds, 1997 Pollution Control
Series D (collectively, the "Second 1997 Series"); and
WHEREAS, the Company did heretofore execute and deliver a certain
Fifty-first Supplemental Indenture dated as of February 1, 1997 (hereinafter
referred to as the "Fifty-first Supplemental Indenture"), to the Trustee and
created thereunder two series of bonds designated as First Mortgage Bonds, 1997
Pollution Control Series E and First Mortgage Bonds, 1997 Pollution Control
Series F (collectively, the "Third 1997 Series"); and
63028791.15 Document No. 503
6
WHEREAS, the Company did heretofore execute and deliver a certain
Fifty-second Supplemental Indenture dated as of February 1, 1997 (hereinafter
referred to as the "Fifty-second Supplemental Indenture"), to the Trustee and
created thereunder a series of bonds designated as First Mortgage Bonds, 1997
Pollution Control Series G (the "Fourth 1997 Series"; together with the First
1997 Series, the Second 1997 Series and the Third 1997 Series, the "1997
Series"); and
WHEREAS, on March 11, 1998, all bonds of the 1995 Series were
surrendered by the Company to the Trustee for cancellation; none of the bonds of
the 1995 Series is presently outstanding; and
WHEREAS, on March 11, 1998, (i) the Company deposited with the Trustee
in accordance with the provisions of the Original Indenture cash in the amount
necessary for the redemption of all bonds of the following series: the 1969
Series, the 1971 Series, the 1972 Series, the 1975 Series, the 1977 Series and
the 1978 Series (collectively, the "Defeased Series"), and (ii) notice of
redemption of the Defeased Series was given as in Article 5 of the Original
Indenture provided; none of the bonds of the Defeased Series is presently
outstanding; and
WHEREAS, on March 11, 1998, after giving effect to such surrender,
deposit and giving of notice, the aggregate principal amount of bonds of each
series presently outstanding (the "Presently Outstanding Series") is as follows:
Principal Amount
Series Outstanding
------ ----------------
1992 Series $ 37,300,000
First 1993 Series (Series A) 26,000,000
First 1993 Series (Series B) 20,000,000
Second 1993 Series 100,000,000
Third 1993 Series 36,000,000
First 1996 Series (Series A) 17,712,379
First 1996 Series (Series B) 5,287,621
Second 1996 Series (Series C) 30,838,793
Second 1996 Series (Series D) 9,206,207
Third 1996 Series (Series E) 28,493,828
Third 1996 Series (Series F) 8,506,172
Fourth 1996 Series (Series G) 65,000,000
First 1997 Series (Series A) 24,000,000
First 1997 Series (Series B) 16,000,000
Second 1997 Series (Series C) 22,200,000
Second 1997 Series (Series D) 14,800,000
Third 1997 Series (Series E) 13,800,000
Third 1997 Series (Series F) 9,200,000
Fourth 1997 Series (Series G) 90,000,000
------------
$574,345,000; and
============
63028791.15 Document No. 503
7
WHEREAS, all bonds of the Presently Outstanding Series have been
pledged in good faith by the Company as specified in the indentures supplemental
to the Original Indenture creating such series; and
WHEREAS, the pledgee of all of the bonds of the Presently Outstanding
Series (the "Pledgee") is not an affiliate of the Company or of any other
obligor on the bonds; and
WHEREAS, the Company desires to change, alter and amend the Original
Indenture (as heretofore supplemented and amended) in certain respects; and to
that end the Company desires to make, execute and deliver to the Trustee a
Supplemental Indenture in the form hereof for the purposes herein provided; and
WHEREAS, it is provided in Article 15 of the Original Indenture that
the Company and the Trustee, with the consent of the holders of at least 75% in
aggregate principal amount of the bonds at any time outstanding, may enter into
an indenture supplemental thereto for the purpose of changing or altering in any
manner any of the provisions of the Original Indenture subject to certain
limitations specified in said Article 15; and
WHEREAS, the Pledgee has, as to all Presently Outstanding Series
(aggregating $574,345,000 in principal amount) other than the First 1993 Series
($46,000,000 in principal amount) and the Fourth 1996 Series ($65,000,000 in
principal amount) (all bonds of the Presently Outstanding Series other than
bonds of the First 1993 Series and bonds of the Fourth 1996 Series are
hereinafter collectively called the "Consenting Bonds"; the Consenting Bonds
aggregating $463,345,000 in principal amount), consented in writing (the
"Written Consent"), in the manner provided in Article 15 of the Original
Indenture, to the execution and delivery of this Fifty-third Supplemental
Indenture and the changes, alterations and amendments to the Original Indenture
(as heretofore supplemented and amended) made by this Fifty-third Supplemental
Indenture, and the Board of Directors has, by resolution, duly authorized and
directed the execution and delivery of this Fifty-third Supplemental Indenture;
AND WHEREAS, all conditions and requirements necessary to make this
Fifty-third Supplemental Indenture a valid, legal and binding instrument in
accordance with its terms have been done and performed, and the execution and
delivery of this Fifty-third Supplemental Indenture have been in all respects
duly authorized;
NOW, THEREFORE, THIS FIFTY-THIRD SUPPLEMENTAL INDENTURE WITNESSETH:
That Public Service Company of New Mexico, in consideration of the premises and
of One Dollar ($1.00) to it duly paid by the Trustee at or before the ensealing
and delivery of these presents, the receipt whereof is hereby acknowledged, for
itself and its successors, does hereby covenant and agree to and with the
Trustee and its successors in the trust under the Original Indenture, for the
benefit of those who shall hold the bonds, or any of them, to be issued
hereunder and thereunder, as hereinafter provided, as follows:
8
ARTICLE 1.
CHANGES TO ARTICLES 1 AND 3.
SECTION 1.01. Anything in Section 1.03(g) of the Original Indenture to
the contrary notwithstanding, an engineer may also be a limited liability
company, a limited liability partnership, a limited partnership or any other
firm or person.
SECTION 1.02. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, the Company shall no longer be entitled to apply to the
Trustee for the authentication and delivery of bonds under the Indenture,
whether upon the basis of (i) property additions included in a computation of
net property additions (Section 3.04), (ii) bonds theretofore authenticated and
delivered under the Indenture that shall have been paid, retired, redeemed,
cancelled or surrendered to the Trustee for cancellation, or for the payment,
retirement or redemption of which moneys in the necessary amount shall have been
deposited with, or shall then be held, by the Trustee (Section 3.07), (iii) cash
(Section 3.08) or (iv) prior ▇▇▇▇ ▇▇▇▇▇ (Section 3.11).
ARTICLE 2.
CHANGES TO ARTICLES 4 AND 6.
SECTION 2.01. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, the following Sections of Article 4 of the Original
Indenture (as heretofore amended and supplemented) are hereby deleted in their
entirety and shall no longer have any force or effect as covenants of the
Company: Sections 4.07, 4.10, 4.11, 4.16, 4.17, 4.18, 4.19, 4.20, 4.21 and 4.22.
SECTION 2.02. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, (i) the dollar amount in Section 4.06 of the Original
Indenture (as heretofore amended) is increased from $500,000 to $25,000,000, and
(ii) the requirement for an annual certificate described in the concluding
sentence of the first paragraph of such Section 4.06 is deleted.
SECTION 2.03. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, the following new Section 4.25 is added to the Original
Indenture:
"Section 4.25. The Company covenants and agrees that (i) it
will request releases from the lien of this Indenture pursuant to
Section 8.14 only if it shall, not later than the effectiveness of such
releases, have subjected to the operation and lien of this Indenture
property as would be included in the definition of property additions
contained in Section 1.05 which has a fair value to the Company at
least equal to the fair value of the property the release of which is
being requested, and (ii) any property so to be subjected to the
operation and lien of this Indenture shall not be subject to a mortgage
or other lien (except permitted encumbrances) prior to the lien of this
Indenture to secure bonds or other evidences of indebtedness of any
person."
9
SECTION 2.04. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, Section 6.04(d) of the Original Indenture is amended to
eliminate therefrom any requirement that any report be filed by the Trustee with
the Securities and Exchange Commission.
ARTICLE 3.
CHANGES TO ARTICLE 8.
SECTION 3.01. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, Section 8.03 is changed to (i) increase the percentage
in clause (ii)(a) of Section 8.03 from sixty per centum (60%) to one hundred per
centum (100%) and (ii) delete therefrom clause (ii) (b) in its entirety.
SECTION 3.02. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, Section 8.04 is changed to increase the dollar amount
therein specified from $25,000 to $5,000,000.
SECTION 3.03. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, Section 8.11 is changed as follows:
(A) subdivision (1) of Section 8.11 is changed to (i) decrease
the percentage amount in clause (a) of such subdivision from 166% to
100%, (ii) delete in their entirety clauses (b) and (c) of , and the
proviso to, such subdivision and (iii) add a new clause (b): "and/or
(b) in an amount equal to the cost or fair value to the Company
(whichever is less) of property additions then being subjected to the
operation and lien of this Indenture by an indenture supplemental
hereto";
(B) the third paragraph of Section 8.11 is changed to (i)
include a reference to subdivision (1)(b) in addition to the reference
to subdivision (1)(a) and (ii) amend sub-paragraph (a) thereof in its
entirety to read as follows: "(a) an engineer's certificate specifying
the property additions either (i) purchased, constructed or otherwise
acquired by the Company subsequent to the receipt by the Trustee of the
trust monies being withdrawn or (ii) then being subjected to the
operation and lien of this Indenture; and containing the statements
required by paragraphs (a) through (h) of subdivision (3)(B) of Section
3.06 (with such omissions and variations as may be appropriate by
reason of the fact that the withdrawal of trust moneys under this
Section 8.11 rather than the authentication and delivery of bonds is
being applied for;";
(C) the fourth paragraph of Section 8.11 (pertaining to
former subdivisions (1)(b) and (c) of Section 8.11) is deleted in its
entirety; and
(D) the sixth paragraph of Section 8.11 (pertaining to the
purchase or redemption of bonds by the Trustee) is deleted therefrom.
10
SECTION 3.04. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, the following new Section 8.14 is added to the Original
Indenture:
"SECTION 8.14. The Trustee shall, whenever from time
to time requested by the Company, and without requiring compliance
with any of the provisions of Section 8.03 of this Indenture,
release from the lien of this Indenture any or all of the
mortgaged property; such release to be made upon receipt by the
Trustee of:
(A) A written request of the Company for the release of
any property, describing the same in reasonable detail.
(B) A certificate of the Company stating that no default
as defined in Section 9.01 has happened and is continuing.
(C) An engineer's certificate, made and dated not more
than sixty (60) days prior to the time of such application,
setting forth in substance as follows:
(1) the then fair value, in the opinion of the
signer, of the property to be released;
(2) the then fair value to the Company, in the
opinion of the signer, of any property as would be
included in the definition of property additions
contained in Section 1.05 which will be subjected
to the operation and lien of this Indenture in lieu
of the property being released, which fair value
shall be at least equal to the then fair value
specified in the foregoing clause (1) (if an
independent engineer's certificate as provided for
in the following sub-paragraph (D) is required, the
then fair value of the property to be released
shall be deemed to be as stated in such engineer's
certificate or such independent engineer's
certificate, whichever is the higher); and
(3) that such release is, in the opinion of the
signer, desirable in the conduct of the business of
the Company and will not impair the security under
this Indenture in contravention of the provisions
hereof.
(A) In case, as shown by said engineer's certificate, the
fair value of the property to be released and of all other
property or securities released since the commencement of the
then current calendar year, as set forth in the certificate
required pursuant to sub-paragraph (C), and any similar
certificates pursuant to any other sections of this Article 8
or any sections of any indenture supplemental hereto, is ten
per centum (10%) or more of the aggregate principal amount of
bonds at the time outstanding, unless the fair value of the
property to be released, as set forth in the certificate, is
less than $25,000 or less than one per centum (1%) of the
aggregate principal amount of bonds at the time outstanding,
an independent engineer's certificate, made and dated not more
than sixty (60) days prior to the date of such application,
stating that the signer has examined the written request
furnished to the Trustee; stating as to such property the then
11
fair value thereof in the opinion of the signer, together with
the signer's report thereon which shall contain a brief
statement of the conditions governing the signer's
determination of such fair value and stating that in the
opinion of the signer such release will not impair the
security under this Indenture in contravention of the
provisions hereof; and in case, as shown by said engineer's
certificate, the consideration for the property to be released
includes additional property of a fair value to the Company of
not less than $25,000 and not less than one per centum (1%) of
the aggregate principal amount of the bonds at the time
outstanding, and if such property has, within six months prior
to the date of acquisition thereof by the Company, been used
or operated by a person or persons other than the Company in a
business similar to that in which it has been or is to be used
or operated by the Company, a similar independent engineer's
certificate with respect to the then fair value to the Company
of such additional property shall also be furnished to the
Trustee.
(B) The indentures supplemental hereto, mortgages, deeds,
conveyances, assignments, transfers and instruments of further
assurance, if any, specified in clause (2) of the opinion of
counsel referred to in the following sub-paragraph (F).
(C) An opinion of counsel:
(1) stating that the instruments which have been
or are therewith delivered to the Trustee conform
to the requirements of this Indenture and
constitute sufficient authority under this
Indenture for the Trustee to execute and deliver
the release requested, and that the property may be
released from the operation of the lien of this
Indenture pursuant to the provisions of this
Section 8.14; and
(2) specifying the indentures supplemental hereto,
mortgages, deeds, conveyances, assignments,
transfers and instruments of further assurance
which will be sufficient to subject to the direct
lien of this Indenture the property described in
clause (2) of the above-mentioned engineer's
certificate.
(A) A certificate of the Company and an opinion of
counsel as to compliance with conditions precedent."
12
SECTION 3.05. The following new Section 8.15 is added to the Original
Indenture:
"SECTION 8.15. (a) The Trustee shall, whenever from time
to time requested by the Company, and without requiring compliance
with any provisions of Section 8.03 of this Indenture or requiring
the substitution of any property or securities therefor, release
from the lien of this Indenture any or all of the mortgaged
property which, on the date of such release: (I) is (i) properly
chargeable to any of the following accounts established under the
Uniform System of Accounts Prescribed for Public Utilities and
Licensees subject to the provisions of the Federal Power Act as
promulgated by the Federal Energy Regulatory Commission (18 C.F.R.
Part 101) (the "System of Accounts"): 303, 370, 389, 390, 391,
392, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇, ▇▇ (▇▇) property which is carried
on the Company's books of account as "nonutility property" or
"plant held for future use", in each case as more fully detailed
in Annex A to the Fifty-third Supplemental Indenture dated as of
March 11, 1998, which supplemental indenture is an indenture
supplemental hereto (the "Fifty-third Supplemental Indenture");
and (II) is not property which is included or intended to be
included under the lien of the Indenture pursuant to Section 5.04
of the Fifty-third Supplemental Indenture; such release to be made
by the Trustee upon receipt of:
(A) A written request of the Company for the release
of any property, describing the same in reasonable detail and
stating, as applicable, the account under the System of
Accounts to which the same is properly chargeable or that the
property is "nonutility property" or "plant held for future
use" as detailed in Annex A to the Fifty-third Supplemental
Indenture.
(B) A certificate of the Company stating that no
default as defined in Section 9.01 has happened and is
continuing.
(C) An engineer's certificate, made and dated not
more than sixty (60) days prior to the time of such
application, setting forth in substance as follows:
(1) the then fair value, in the opinion of
the signer, of the property to be released (which
fair value, when taken together with the fair value
of any other property theretofore released under this
Section 8.15, as set forth in the applicable
certificate required pursuant to this sub-paragraph
(1), shall not exceed $56,000,000); and
(2) that such release will not, in the
opinion of the signer, impair the security under this
Indenture in contravention of the provisions hereof.
13
(D) An opinion of counsel stating that the
instruments that have been or are therewith delivered to the
Trustee conform to the requirements of this Indenture and
constitute sufficient authority under this Indenture for the
Trustee to execute and deliver the release requested, and that
the property may be released from the operation of the lien of
this Indenture pursuant to the provisions of this Section
8.15.
(E) A certificate of the Company and an opinion of
counsel as to compliance with conditions precedent.
(b) The provisions of this Section 8.15 shall cease to be
applicable whenever the aggregate principal amount of bonds then
outstanding shall be less than $574,345,000."
ARTICLE 4.
CHANGES TO ARTICLE 12.
SECTION 4.01. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, anything in Article 12 of the Original Indenture to the
contrary notwithstanding, consolidations, mergers, conveyances, transfers and
leases may involve any person having appropriate authority to carry on the
business or businesses in question and/or who is lawfully entitled to acquire or
lease and operate the mortgaged property.
SECTION 4.02. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, Section 12.01 is changed by deleting therefrom in their
entirety the ultimate and the antepenultimate provisos thereto.
ARTICLE 5.
RELEASE OF MORTGAGED PROPERTY
UPON CANCELLATION OF ALL CONSENTING BONDS
SECTION 5.01. Upon surrender for cancellation to the Trustee of all
Consenting Bonds, unless a default as defined in Section 9.01 of the Original
Indenture shall have occurred and be continuing, the Trustee shall, whenever
from time to time requested by the Company, and without requiring compliance
with any of the provisions of Section 8.03 of the Original Indenture, release
from the lien of the Indenture any or all of the mortgaged property other than
the Palo Verde Property (as defined in Section 5.02 of this Fifty-third
Supplemental Indenture); such release or releases to be made upon receipt by the
Trustee of:
(1) A written request of the Company for the release
of any property, either describing the same in reasonable
detail or describing the same in sufficient detail as may (in
the opinion of counsel) be appropriate in order to effectuate
the release;
(2) A certificate of the Company stating that no
default as defined in Section 9.01 of the Original Indenture
has happened and is continuing;
14
(3) An independent engineer's certificate, made and
dated not more than sixty (60) days prior to the date of such
application, stating that the signer has examined the written
request furnished to the Trustee; stating as to such property
the then fair value thereof in the opinion of the signer,
together with the signer's report thereon which shall contain
a brief statement of the conditions governing the signer's
determination of such fair value and stating that in the
opinion of the signer such release will not impair the
security under this Indenture in contravention of the
provisions hereof; and in case, as shown by said engineer's
certificate, the consideration for the property to be released
includes additional property of a fair value to the Company of
not less than $25,000 and not less than one per centum (1%) of
the aggregate principal amount of the bonds at the time
outstanding, and if such property has, within six months prior
to the date of acquisition thereof by the Company, been used
or operated by a person or persons other than the Company in a
business similar to that in which it has been or is to be used
or operated by the Company, a similar independent engineer's
certificate with respect to the then fair value to the Company
of such additional property shall also be furnished to the
Trustee; provided, however, in the event that the Securities
and Exchange Commission shall have ordered that the Company be
relieved of its obligation under section 314(d) of the Trust
Indenture Act of 1939 to deliver an independent engineer's
certificate as contemplated by said Act in connection with a
release pursuant to this Section 5.01, the Company need not
deliver an independent engineer's certificate pursuant to this
sub-paragraph (3) but shall instead only deliver the
independent engineer's certificate referenced in sub-paragraph
(4) of this Section 5.01;
(4) if, as contemplated by sub-paragraph (3) of this
Section 5.01, the independent engineer's certificate in such
sub-paragraph need not be delivered, an independent engineer's
certificate, made and dated not more than (60) days prior to
the date of such application, stating that the signer has
examined the written request to the Trustee; stating as to the
property remaining subject to the lien of the Indenture after
giving effect to the release or releases for which such
application is being made, the then fair value thereof in the
opinion of the signer, together with the signer's report
thereon which shall contain a brief statement of the
conditions governing the signer's determination of such fair
value; and
(5) A certificate of the Company and an opinion of
counsel as to compliance with conditions precedent.
SECTION 5.02. "Palo Verde Property" shall mean (i) the PVNGS Land
located in Maricopa County, Arizona (the PVNGS Plant Site, the Hassayampa
Pumping Station and Effluent Pipeline and Miscellaneous Real Property Interests)
previously described in the 33rd Supplement (recorded January 11, 1988 as
Instrument No. 88-011327), but only to the extent of the Company's undivided
ownership interest therein (and not of its undivided leasehold interest
therein), including equitable ownership (including the Company's interests in
ATI Title Agency of Arizona Trust No. 530 as described in the Fifteenth Amended
15
Affidavit of Trustee Trust No. 530 described below), and (ii) PVNGS and Related
Improvements previously described in the 33rd Supplement, but only to the extent
of the Company's undivided ownership interest therein (and not its undivided
leasehold interest therein); provided, however, that Palo Verde Property (1)
shall not include the transmission facilities and oil and diesel fuel
inventories excluded from the 33rd Supplement pursuant to exclusions 1.III,
1.IV, 2.III, 2.IV, 3.III and 3.IV under the caption "B. PVNGS and Related
Improvements" in the 33rd Supplement, (2) shall include the Company's ownership
interests in Units 1 and 2 of PVNGS and common facilities of PVNGS as described
in (i) Deed dated as of March 9, 1998 from State Street Bank and Trust Company
(successor to The First National Bank of Boston), a Massachusetts trust company,
in its capacity as Owner Trustee (the "PV1 Trustee") under that certain Trust
Agreement dated as of December 16, 1985 (as amended as of April 30 and September
2, 1992) with the Company (assignee of ▇▇▇▇▇▇▇ Leasing Corporation, the
beneficiary originally named in said Trust Agreement), to the Company, recorded
on March 10, 1998 in the records of Maricopa County, Arizona as Instrument No.
▇▇-▇▇▇▇▇▇▇; (ii) Deed and ▇▇▇▇ of Sale dated as of March 9, 1998 between the PV1
Trustee and the Company, recorded on March 10, 1998 in the Records of Maricopa
County, Arizona as Instrument No. ▇▇-▇▇▇▇▇▇▇; (iii) Deed dated as of March 9,
1998 from State Street Bank and Trust Company (successor to The First National
Bank of Boston), a Massachusetts trust company, in its capacity as Owner Trustee
(the "PV2 Trustee") under that certain Trust Agreement dated as of August 12,
1986 (as amended as of April 30 and September 2, 1992) with the Company
(assignee of ▇▇▇▇▇▇▇ Leasing Corporation, the beneficiary originally named in
said Trust Agreement), to the Company, recorded on March 10, 1998 in the records
of Maricopa County, Arizona as Instrument No. ▇▇-▇▇▇▇▇▇▇; (iv) Deed and ▇▇▇▇ of
Sale dated as of March 9, 1998 between the PV2 Trustee and the Company, recorded
on March 10, 1998 in the Records of Maricopa County, Arizona as Instrument No.
▇▇-▇▇▇▇▇▇▇; and (v) Fifteenth Amended Affidavit of Trustee Trust No. 530 dated
March 10, 1998 of ATI Title Agency of Arizona, Inc., as Trustee of its Trust No.
530, as recorded on March 10, 1998 in the Records of Maricopa County, Arizona,
as Instrument No. ▇▇-▇▇▇▇▇▇▇ (the documents referenced in subclauses (i) through
(v) of this clause (2) being hereinafter referred to as the "Transfer
Documents"); (3) shall not include the Company's 9.6% undivided ownership
interest in the ANPP High Voltage Switchyard (as defined in the 33rd
Supplement), and (4) shall not include the Company's undivided ownership
interests in any other transmission facilities located wholly or partially on
any of the real property constituting the PVNGS Land pursuant to the 33rd
Supplement.
SECTION 5.03. If any property released from the Lien of this Indenture
as provided in Section 5.01 of this Fifty-third Supplemental Indenture or
otherwise in the Original Indenture (as changed by this Fifty-third Supplemental
Indenture) shall continue to be owned by the Company after such release, this
Indenture shall not become or be, or be required to become or be, a lien upon
such property or any improvement, extension or addition to such property or
renewals, replacements or substitutions of or for any part or parts of such
property unless the Company shall execute and deliver to the Trustee an
indenture supplemental to the Indenture, in recordable form, containing a grant,
conveyance, transfer and mortgage thereof.
SECTION 5.04. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, this Indenture shall not become or be, or be required
to become or be, a lien upon any property acquired by the Company on or after
such effectiveness except that the lien of this Indenture shall include any
improvement, extension or addition to any property not released from the lien of
this Indenture pursuant to Section 5.01 of this Fifty-third Supplemental
Indenture and any renewals, replacements or substitutions of or for any part or
parts of such property.
16
SECTION 5.05. Effective upon surrender for cancellation to the Trustee
of all Consenting Bonds, anything in the Original Indenture (as heretofore
amended) to the contrary notwithstanding, the Trustee shall forthwith, and
without necessity for an application, request, officers' certificate or opinion
of counsel (except as may otherwise be required by the Trust Indenture Act of
1939, as amended), release any and all trust moneys (as defined in Section 8.11
of the Original Indenture) then held by the Mortgage Trustee.
ARTICLE 6.
CHANGES TO GRANTING CLAUSES
SECTION 6.01. The Company confirms, acknowledges and agrees that, upon
execution, delivery and recordation of the Transfer Documents, the Company's
right, title and interest in and to the property transferred, assigned, granted
and conveyed by the Transfer Documents became subject to the lien of the
Indenture by virtue of the after-acquired property clauses thereof.
SECTION 6.02. Effective upon (i) surrender for cancellation to the
Trustee of all Consenting Bonds, and (ii) the execution, delivery and
recordation of the Transfer Documents, all provisions of the Original Indenture
as heretofore supplemented and amended subjecting to the lien of the Indenture
after-acquired property (including, but without limitation, the full paragraph
on page 69 of the Original Indenture and the first two paragraphs on page 70 of
the Original Indenture, immediately preceding the caption "Excepted Property")
are hereby deleted in their entirety and shall cease to have any force or effect
whatsoever, subject, however, to the provisions of Section 5.04 of this
Fifty-third Supplemental Indenture.
ARTICLE 7.
THE TRUSTEE.
The Trustee accepts the trusts created by this Fifty-third Supplemental
Indenture upon the terms and conditions in the Original Indenture and in this
Fifty-third Supplemental Indenture set forth. Each and every term and condition
contained in Article 13 of the Original Indenture shall apply to this
Fifty-third Supplemental Indenture with the same force and effect as if the same
were herein set forth in full, with such omissions, variations and modifications
thereof as may be appropriate to make the same conform to this Fifty-third
Supplemental Indenture.
The recitals contained herein shall be taken as the statements of the
Company, and the Trustee assumes no responsibility for the correctness of the
same.
To the extent permitted by Sections 13.02 and 13.03 of the Original
Indenture, and without limitation of Section 13.06 of the Original Indenture,
the Trustee may rely and shall be fully protected in acting upon any resolution,
certificate, opinion, notice, request, consent, order, appraisal, report, bond,
or other paper or document believed by the Trustee to be genuine and to have
been signed or presented by the proper party or parties.
17
ARTICLE 8.
MISCELLANEOUS PROVISIONS.
SECTION 8.01. The Original Indenture is in all respects, ratified and
confirmed, and the Original Indenture, this Fifty-third Supplemental Indenture
and all other indentures supplemental to the Original Indenture shall be read,
taken and construed as one and the same instrument. Except as provided by this
Fifty-third Supplemental Indenture, neither the execution of this Fifty-third
Supplemental Indenture nor anything herein contained shall be construed to
impair the lien of the Original Indenture, as supplemented, on any of the
property subject thereto, and such lien shall remain in full force and effect as
security for all bonds now outstanding under the Original Indenture, the
Thirty-seventh Supplemental Indenture, the Thirty-eighth Supplemental Indenture,
the Thirty-ninth Supplemental Indenture, the Fortieth Supplemental Indenture,
the Forty-fifth Supplemental Indenture, the Forty-sixth Supplemental Indenture,
the Forty-seventh Supplemental Indenture, the Forty-eighth Supplemental
Indenture, the Forty-ninth Supplemental Indenture, the Fiftieth Supplemental
Indenture, the Fifty-first Supplemental Indenture or the Fifty-second
Supplemental Indenture. Except as provided by this Fifty-third Supplemental
Indenture, all covenants and provisions of the Original Indenture shall continue
in full force and effect, and this Fifty-third Supplemental Indenture shall form
part of the Original Indenture. All terms defined in Article 1 of the Original
Indenture, as amended, shall, for all purposes of this Fifty-third Supplemental
Indenture, have the meanings in said Article 1 specified, unless the context
otherwise requires.
SECTION 8.02. This Fifty-third Supplemental Indenture may be
simultaneously executed in any number of counterparts, and all such counterparts
executed and delivered, each as an original, shall constitute but one and the
same instrument.
SECTION 8.03. In connection with any release of mortgaged property
effected under the provisions of the Original Indenture (as heretofore modified)
or the Fifty-third Supplemental Indenture, upon request of the Company, the
Trustee shall execute and deliver such additional releases, termination
statements and other instruments as shall be necessary or appropriate, in the
opinion of the Company, to evidence the release of such mortgage property from
the lien of the Indenture.
18
IN WITNESS WHEREOF, Public Service Company of New Mexico, party of the
first part, has caused its corporate name to be hereunto affixed and this
instrument to be signed by its President or a Vice President or its Treasurer or
an Assistant Treasurer, and its corporate seal to be hereunto affixed and
attested by its Secretary or an Assistant Secretary for and in its behalf; and
The Bank of New York, party of the second part, in evidence of its acceptance of
the trust hereby created, has caused its corporate name to be hereunto affixed,
and this instrument to be signed by its President or a Vice President or an
Assistant Vice President and its corporate seal to be hereunto affixed and
attested by one of its Assistant Secretaries or Assistant Treasurers for and in
its behalf, all as of the day and year first above written.
PUBLIC SERVICE COMPANY OF
NEW MEXICO
By
--------------------------------
Name:
Title:
Attest:
-------------------------
Secretary
(Corporate Seal)
THE BANK OF NEW YORK,
as Trustee
By
--------------------------------
Van ▇. ▇▇▇▇▇
Assistant Vice President
Attest:
-------------------------
Assistant Treasurer
(Corporate Seal)
▇▇
▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ )
) ss:
COUNTY OF NEW YORK )
On this 11th day of March, 1998, before me appeared Van ▇. ▇▇▇▇▇, to me
personally known, who, being by me duly sworn, did depose and say that he is an
Assistant Vice President of THE BANK OF NEW YORK, and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by authority of
its Board of Directors, and said Van ▇. ▇▇▇▇▇ acknowledged said instrument to be
the free act and deed of said corporation.
-------------------------------
Notary Public
(Notarial Seal)
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
This instrument was acknowledged before me on March 11, 1998, by Van ▇.
▇▇▇▇▇ as an Assistant Vice President of THE BANK OF NEW YORK.
-------------------------------
Notary Public
ANNEX A
to Fifty-third
Supplemental Indenture
I. NONUTILITY PROPERTY
A. E.W.B.U (ELECTRIC)
LAND: ▇▇▇▇ STREET SUB SITE
LAND: MONROE SUB SITE
LAND: RIBBLE WATER RIGHTS
LAND: PERSON STATION-▇▇▇▇▇▇▇▇▇▇▇
B. G.C.N.M (GAS)
LAND IN BELEN (LOT)
C. ENERGY SERVICES:
L.V. ASYLUM PROPERTY (LAND)
HAGGERMAN LAND & FENCE
SANTA FE PUMP STATION SITE: COLLEGE ST.
SANTA FE PUMP STATION SITE: OLD ▇▇▇▇▇▇▇
SANTA FE TWO MILE RESERVOIR SITE TRACTS
SANTA FE FILTER PLANT SITE 72 ACRES
CORPORATE-ALLOCATED UTILITY PLANT
LAND: ▇▇▇▇ LA CIENAGE-WATER RIGHTS
LAND: HAGGERMAN-WATER RIGHTS
ENERGY SERVICE-G/L ONLY
WATER SERVICES PROPERTY-G/L ONLY
D. CORPORATE;
LAND: HQ
LAND:AS
LEASED FLOOR: HQ
LEASED FLOOR: AS(FBI)
II. PLANT HELD FOR FUTURE USE
F. E.W.B.U (ELECTRIC):
LAND: NORTH ALBUQUERQUE ACRES
LAND: RIO RANCHO ENCHANTED HILLS SUB.
LAND: SANTA FE OLD SERVICE CENTER
LAND: PRAGER STATION
LAND: PERSON STATION
63028791.15 Document No. 503
