Exhibit 4-L
[CONFORMED COPY]
This Instrument Prepared By:
/s/ Christie Day Xxxxxx
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Christie Day Xxxxxx
Delmarva Power & Light Company
000 Xxxx Xxxxxx
Xxxxxxxxxx, XX 00000
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DELMARVA POWER & LIGHT COMPANY
TO
CHEMICAL BANK,
Trustee.
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NINETIETH SUPPLEMENTAL
INDENTURE
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Dated as of June 1, 1995
(but executed on the dates shown on the execution page)
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This NINETIETH SUPPLEMENTAL INDENTURE, dated as of the first day of June,
1995 (but executed on the dates hereinafter shown), made and entered into by and
between DELMARVA POWER & LIGHT COMPANY, a corporation of the State of Delaware
and the Commonwealth of Virginia, hereinafter called the Company and CHEMICAL
BANK, a corporation of the State of New York, hereinafter called the Trustee;
WITNESSETH:
WHEREAS, the Company heretofore executed and delivered its Indenture of
Mortgage and Deed of Trust (hereinafter in this Ninetieth Supplemental Indenture
called the "Original Indenture"), dated as of October 1, 1943, to the New York
Trust Company, a corporation of the State of New York, as Trustee, to which
Chemical Bank is successor Trustee, to secure the First Mortgage Bonds of the
Company, unlimited in aggregate principal amount and issuable in series, from
time to time, in the manner and subject to the conditions set forth in the
Original Indenture granted and conveyed unto the Trustee, upon the trusts, uses
and purposes specifically therein set forth, certain real estate, franchises and
other property therein described, including property acquired after the date
thereof, except as therein otherwise provided; and
WHEREAS, by eighty-nine indentures supplemental to said Original Indenture
dated as of October 1, 1943, of which eighty-nine supplemental indentures the
Eighty-Ninth Supplemental Indenture is dated as of January 1, 1995, the said
Original Indenture has been modified and supplemented (hereinafter, as so
supplemented and amended, called the "Indenture"); and
WHEREAS, the execution and delivery of this Ninetieth Supplemental
Indenture has been duly authorized by the Board of Directors of the Company at a
meeting duly called and held according to law, and all conditions and
requirements necessary to make this Ninetieth Supplemental Indenture a valid,
binding and legal instrument in accordance with its terms, for the purposes
herein expressed, and the execution and delivery hereof, have been in all
respects duly authorized; and
WHEREAS, it is provided in and by said Original Indenture, inter alia, as
follows:
"IT IS HEREBY AGREED by the Company that all the property, rights and
franchises acquired by the Company after the date hereof (except any
hereinbefore or hereinafter expressly excepted) shall (subject to the
provisions of Section 9.01 hereof and to the extent permitted by law) be as
fully embraced within the lien hereof as if such property, rights and
franchises were now owned by the Company and/or specifically described
herein and conveyed hereby;"
and
WHEREAS, the Company has acquired certain other property, real, personal
and mixed, which has not heretofore been specifically conveyed to the Trustee;
NOW, THEREFORE, this NINETIETH SUPPLEMENTAL INDENTURE WITNESSETH that for
and in consideration of the premises and in pursuance of the provisions of said
Indenture, the Company has granted, bargained, sold, released, conveyed,
assigned, transferred, mortgaged, pledged, set over and confirmed, and by these
presents does grant, bargain, sell, release, convey, assign, transfer, mortgage,
pledge, set over and confirm unto the Trustee and to its successors in the trust
in the Indenture created, to its and their assigns forever, all the following
described properties of the Company, and does confirm that the Company will not
cause or consent to a partition, either voluntary or through legal proceedings,
of property, whether herein described or heretofore or hereafter acquired, in
which its ownership shall be as tenant in common, except as permitted by, and in
conformity with, the provisions of the said Indenture and particularly of
Article IX thereof:
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Being all those certain tracts, pieces or parcels of land located in Xxxxx
and Harford County, Maryland, conveyed to Delmarva Power & Light Company by
Conowingo Power Company by confirmatory deeds dated June 19, 1995, and recorded
among the land records of Xxxxx County, Maryland on June 23, 1995, Liber WLB546,
Folio 78, and among the land records of Harford County, Maryland on June 26,
1995, Liber CGH2261, Folio 759, and hereinafter set forth by the following
particular descriptions, to wit:
No. 1 - All that certain tract, piece or parcel of land situate on the west
side of Xxxxxxx Avenue, north of Xxxxx Avenue, North East, lying and being in
the 5th Election District, of Xxxxx County, Maryland containing approximately
0.057 acres and shown on Delmarva Power & Light Company Plat CE-004.01, dated
May 16, 1995, Tax Parcel 400-413. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed RRC-44-455, from Xxxx X.
and Xxxx X. Xxxxx et al. Such properties and rights are designated "M 1603" for
the purposes of the original indenture and all indentures supplemental thereto.
No. 2 - All that certain tract, piece or parcel of land situate at the
southeast corner of Lock and Xxxx Streets, Chesapeake City, lying and being in
the 2nd Election District, of Xxxxx County, Maryland containing approximately
0.280 acres and shown on Delmarva Power & Light Company Plat CE-005.01, dated
May 16, 1995, Tax Parcel 200-450. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed SRA-1-65, from The
Northern Maryland Power Company. Such properties and rights are designated "M
1604" for the purposes of the original indenture and all indentures supplemental
thereto.
No. 3 - All that certain tract, piece or parcel of land situate on the
north side of U.S. Xxxxx 0, xxxx xx X.X. Xxxxx 000 at Xxxxx Corner, lying and
being in the 8th Election District, of Xxxxx County, Maryland containing
approximately 0.172 acres and shown on Delmarva Power & Light Company Plat CE-
006.01, dated May 16, 1995, Tax Parcel 9-148. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed RRC-99-
473, from Xxxx X. and Xxxxx X. Xxxxxxx. Such properties and rights are
designated "M 1605" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 4 - All that certain tract, piece or parcel of land situate at the
southwest corner of Liberty Grove Road and Doctor Xxxx Road, lying and being in
the 7th Election District, of Xxxxx County, Maryland containing approximately
0.689 acres and shown on Delmarva Power & Light Company Plat CE-007.01, dated
May 16, 1995, Tax Parcel 22-73. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-225-292, from Xxxxxx
and Xxxxxx X. Xxxxxxxxxx. Such properties and rights are designated "M 1606"
for the purposes of the original indenture and all indentures supplemental
thereto.
No. 5 - All that certain tract, piece or parcel of land situate on the west
side of Oldfield Point Road, at Elk Ranch Park Road, lying and being in the 5th
Election District, of Xxxxx County, Maryland containing approximately 0.737
acres and shown on Delmarva Power & Light Company Plat CE-008.01, dated May 16,
1995, Tax Parcel 42-353. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-352-139, from The
Arundel Corporation. Such properties and rights are designated "M 1607" for the
purposes of the original indenture and all indentures supplemental thereto.
No. 6 - All that certain tract, piece or parcel of land situate at the
north east corner of Otsego Street and Xxxxx Street, Perryville, lying and being
in the 7th Election District, of Xxxxx County, Maryland containing approximately
0.353 acres and shown on Delmarva Power & Light Company Plat CE-009.01, dated
May 16, 1995, Tax Parcel 801-143. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed SRA-1-65 from The
Northern Maryland
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Power Company. Such properties and rights are designated "M 1608" for the
purposes of the original indenture and all indentures supplemental thereto.
No. 7 - All that certain tract, piece or parcel of land situate off the
north side of State Route 273, at the former Octoraro Railroad, lying and being
in the 6th Election District, of Xxxxx County, Maryland containing approximately
0.075 acres and shown on Delmarva Power & Light Company Plat CE-010.01 dated May
16, 1995, Tax Parcel (not assigned). Also being more particularly described as
was previously conveyed to Conowingo Power Company by Deed SRA-1-65, from The
Northern Maryland Power Company. Such properties and rights are designated "M
1609" for the purposes of the original indenture and all indentures supplemental
thereto.
No. 8 - All that certain tract, piece or parcel of land situate off the
north side of State Route 273, at the former Octoraro Railroad, lying and being
in the 6th Election District, of Xxxxx County, Maryland containing approximately
0.117 acres and shown on Delmarva Power & Light Company Plat CE-010.02, dated
May 16, 1995, Tax Parcel 600-370. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-269-575, from Xxxxx
X. and Xxxx X. Xxxxxxxx. Such properties and rights are designated "M 1610" for
the purposes of the original indenture and all indentures supplemental thereto.
No. 9 - All that certain tract, piece or parcel of land situate on the
northwest side of the Amtrak Railroad, from Xxxxxxx Road to the Little Elk Creek
in Elkton, lying and being in the 3rd Election District, of Xxxxx County,
Maryland containing approximately 41.88 acres and shown on Delmarva Power &
Light Company Plat CE-012.01, dated May 16, 1995, Tax Parcel 303-2176. Also
being more particularly described as was previously conveyed to Conowingo Power
Company by Deed WAS-68-356, from Philadelphia, Baltimore and Washington Railroad
Company. Such properties and rights are designated "M 1611" for the purposes of
the original indenture and all indentures supplemental thereto.
No. 10 - All that certain tract, piece or parcel of land situate on the
northwest side of the Amtrak Railroad, west of Xxxxxxx Road in Elkton, lying and
being in the 3rd Election District, of Xxxxx County, Maryland containing
approximately 9.93 acres and shown on Delmarva Power & Light Company Plat CE-
012.02, dated May 16, 1995, Tax Parcel 307-740. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-37-
316, from Argus F. and Xxxxx X. Xxxxxxxx. Such properties and rights are
designated "M 1612" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 11 - All that certain tract, piece or parcel of land situate on the
southwest side of Blue Ball Road, northwest of Elkton Boulevard in Elkton, lying
and being in the 3rd Election District, of Xxxxx County, Maryland containing
approximately 8.35 acres and shown on Delmarva Power & Light Company Plat CE-
012.03, dated May 16, 1995, Tax Parcel 27-305. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-86-
327, from Xxxxxxx X. Xxxx, Trustee. Such properties and rights are designated
"M 1613" for the purposes of the original indenture and all indentures
supplemental thereto.
No. 12 - All that certain tract, piece or parcel of land situate on the
east side of Appleton Road, north of State Route 273, lying and being in the 4th
Election District, of Xxxxx County, Maryland containing approximately 0.743
acres and shown on Delmarva Power & Light Company Plat CE-013.01, dated May 16,
1995, Tax Parcel 14-365. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-211-222, from Xxxxx
X. and Xxxxx X. Xxxxxx. Such properties and rights are designated "M 1614" for
the purposes of the original indenture and all indentures supplemental thereto.
No. 13 - All that certain tract, piece or parcel of land situate on the
east side of Hopewell Road, north of Post Road at Xxxxxxx Corner, lying and
being in the 6th Election District, of Xxxxx County, Maryland containing
approximately 0.689 acres and shown on Delmarva Power & Light Company Plat
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CE-014.01, dated May 16, 1995, Tax Parcel 17-511. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-40-
116, from Xxxxx and Xxxxx X. Xxxxxx et al. Such properties and rights are
designated "M 1615" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 14 - All that certain tract, piece or parcel of land situate on the
east side of Singerly Road (State Route 213), north of Xxxxxx Mill Road, lying
and being in the 4th Election District, of Xxxxx County, Maryland containing
approximately 0.680 acres and shown on Delmarva Power & Light Company Plat CE-
015.01, dated May 16, 1995, Tax Parcel 13-216. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-37-
389, from Xxxxxx X. and Xxxxx X. Xxxxxxx. Such properties and rights are
designated "M 1616" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 15 - All that certain tract, piece or parcel of land situate at the
southwest corner of Xxxxxx Avenue and Roosevelt Boulevard, Elkton, lying and
being in the 3rd Election District, of Xxxxx County, Maryland containing
approximately 0.779 acres and shown on Delmarva Power & Light Company Plat CE-
016.01, dated May 16, 1995, Tax Parcel 308-2249. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-53-
506, from Xxx and Xxxx Xxxxxxx. Such properties and rights are designated "M
1617" for the purposes of the original indenture and all indentures supplemental
thereto.
No. 16 - All that certain tract, piece or parcel of land situate on the
northeast side of Xxxxxxxxx Xxxx, xxxxxxxxx xx Xxxxx Xxxxx 000, lying and being
in the 5th Election District, of Xxxxx County, Maryland containing approximately
0.670 acres and shown on Delmarva Power & Light Company Plat CE-017.01, dated
May 16, 1995, Tax Parcel 31-283. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-241-517, from Xxxxx
A. and Xxxxxxxx X. Xxxxxxxx. Such properties and rights are designated "M 1618"
for the purposes of the original indenture and all indentures supplemental
thereto.
No. 17 - All that certain tract, piece or parcel of land situate on the
south side of Xxxxxxxxx Road, west of Mechanics Valley Road, lying and being in
the 5th Election District, of Xxxxx County, Maryland containing approximately
0.745 acres and shown on Delmarva Power & Light Company Plat CE-018.01, dated
May 16, 1995, Tax Parcel 25-520. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-229-245, from Xxxxxx
X. XxXxxxxx. Such properties and rights are designated "M 1619" for the
purposes of the original indenture and all indentures supplemental thereto.
No. 18 - All that certain tract, piece or parcel of land situate on the
southwest corner of State Route 273 and relocated Harrisville Road, lying and
being in the 6th Election District, of Xxxxx County, Maryland containing
approximately 0.650 acres and shown on Delmarva Power & Light Company Plat CE-
019.01, dated May 16, 1995, Tax Parcel 10-354. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-77-
109, from Xxxxx X. and May X. Xxxxxx. Such properties and rights are designated
"M 1620" for the purposes of the original indenture and all indentures
supplemental thereto.
No. 19 - All that certain tract, piece or parcel of land situate on the
north side of Old Philadelphia Road (State Route 7), southwest of Xxxxxx Xxxx,
Charlestown, lying and being in the 5th Election District, of Xxxxx County,
Maryland containing approximately 0.689 acres and shown on Delmarva Power &
Light Company Plat CE-020.01, dated May 16, 1995, Tax Parcel 500-237. Also
being more particularly described as was previously conveyed to Conowingo Power
Company by Deed WAS-90-130, from Xxxx X. and Bennietisher Xxxxx. Such
properties and rights are designated "M 1621" for the purposes of the original
indenture and all indentures supplemental thereto.
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No. 20 - All that certain tract, piece or parcel of land situate on the
west side of Appleton Road (State Route 316), south of Fletchwood Road, lying
and being in the 3rd Election District, of Xxxxx County, Maryland containing
approximately 0.792 acres and shown on Delmarva Power & Light Company Plat CE-
021.01, dated May 16, 1995, Tax Parcel 21-436. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-99-
147, from Elk Mill Realty Corp. Such properties and rights are designated "M
1622" for the purposes of the original indenture and all indentures supplemental
thereto.
No. 21 - All that certain tract, piece or parcel of land situate at the
northeast corner of North East Road (State Route 272) and Warburton Road, lying
and being in the 9th Election District, of Xxxxx County, Maryland containing
approximately 0.978 acres and shown on Delmarva Power & Light Company Plat CE-
022.01, dated May 16, 1995, Tax Parcel 19-199. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-119-
231, from Xxxxxxxxx X. and Xxxx X. Xxxxx. Such properties and rights are
designated "M 1623" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 22 - All that certain tract, piece or parcel of land situate on the
south side of Principio Furnance Road (State Route 7), west of U. S. Route 40,
lying and being in the 5th Election District, of Xxxxx County, Maryland
containing approximately 0.688 acres and shown on Delmarva Power & Light Company
Plat CE-023.01, dated May 16, 1995, Tax Parcel 30-82. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed WAS-166-296, from Xxxxx-Xxxxx Sand & Gravel Co. of Pennsylvania. Such
properties and rights are designated "M 1624" for the purposes of the original
indenture and all indentures supplemental thereto.
No. 23 - All that certain tract, piece or parcel of land situate at the
northwest corner of Town Point Road and Short Cut Road, lying and being in the
2nd Election District, of Xxxxx County, Maryland containing approximately 1.000
acres and shown on Delmarva Power & Light Company Plat CE-024.01, dated May 16,
1995, Tax Parcel 47-238. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-251-512, from Xxxxxx
X. and Xxxxx X. Ireland. Such properties and rights are designated "M 1625" for
the purposes of the original indenture and all indentures supplemental thereto.
No. 24 - All that certain tract, piece or parcel of land situate on the
north side of Telegraph Road (State Route 273) at Middle Road, lying and being
in the 4th Election District, of Xxxxx County, Maryland containing approximately
0.681 acres and shown on Delmarva Power & Light Company Plat CE-025.01, dated
May 16, 1995, Tax Parcel 13-309. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-147-201, from Xxxxxx
X. and Xxxxxxx X. Xxxxxxx. Such properties and rights are designated "M 1626"
for the purposes of the original indenture and all indentures supplemental
thereto.
No. 25 - All that certain tract, piece or parcel of land situate on the
west side of Xxxxxxxxx Xxxxxx Highway (State Route 213) south of Xxxxx Xxxxx
Road, lying and being in the 2nd Election District, of Xxxxx County, Maryland
containing approximately 0.775 acres and shown on Delmarva Power & Light Company
Plat CE-026.01, dated May 16, 1995, Tax Parcel 38-336. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed WAS-150-517, from Xxxxxx and Xxxx Xxx Xxxxxx. Such properties and rights
are designated "M 1627" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 26 - All that certain tract, piece or parcel of land situate on the
west side of Turkey Point Road (State Route 272), north of Old Elk Neck Road,
lying and being in the 5th Election District, of Xxxxx County, Maryland
containing approximately 0.680 acres and shown on Delmarva Power & Light Company
Plat CE-027.01, dated May 16, 1995, Tax Parcel 41-195. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed WAS-248-513, from
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Xxxxxx X. and Xxxxx X. Xxxx. Such properties and rights are designated "M 1628"
for the purposes of the original indenture and all indentures supplemental
thereto.
No. 27 - All that certain tract, piece or parcel of land situate on the
west side of North East Road (State Route 272) at Nazarene Camp Road, lying and
being in the 5th Election District, of Xxxxx County, Maryland containing
approximately 0.559 acres and shown on Delmarva Power & Light Company Plat CE-
029.01, dated May 16, 1995, Tax Parcel 25-572. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed WAS-326-
56, from Cambert, Inc. Such properties and rights are designated "M 1629" for
the purposes of the original indenture and all indentures supplemental thereto.
No. 28 - All that certain tract, piece or parcel of land situate on the
east side of Quaker Lane, north of North East Road, lying and being in the 9th
Election District, of Xxxxx County, Maryland containing approximately 0.643
acres and shown on Delmarva Power & Light Company Plat CE-030.01, dated May 16,
1995, Tax Parcel 11-295. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed WAS-307-82, from Xxxxx X.
XxXxxxxx. Such properties and rights are designated "M 1630" for the purposes
of the original indenture and all indentures supplemental thereto.
No. 29 - All that certain tract, piece or parcel of land situate on the
east side of Carpenters Point Road, south of Mountain Hill Road, lying and being
in the 5th Election District, of Xxxxx County, Maryland containing approximately
0.671 acres and shown on Delmarva Power & Light Company Plat CE-031.01, dated
May 16, 1995, Tax Parcel 35-580. Also being more particularly described as was
previously conveyed to Conowingo Power Company by Deed NDS-17-494, from
Greenbank Farm, Inc. Such properties and rights are designated "M 1631" for the
purposes of the original indenture and all indentures supplemental thereto.
No. 30 - All that certain tract, piece or parcel of land situate at the
southerly corner of Basil Avenue (State Route 537) & Randalia Road, lying and
being in the 2nd Election District, of Xxxxx County, Maryland containing
approximately 0.497 acres and shown on Delmarva Power & Light Company Plat CE-
032.01, dated May 16, 1995, Tax Parcel 43-355. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed NDS-7-
322, from Xxxxxxxx Xxxxxxx. Such properties and rights are designated "M 1632"
for the purposes of the original indenture and all indentures supplemental
thereto.
No. 31 - All that certain tract, piece or parcel of land situate on the
southeast side of Basil Avenue (State Route 537), southwest of Randalia Road,
lying and being in the 2nd Election District, of Xxxxx County, Maryland
containing approximately 0.476 acres and shown on Delmarva Power & Light Company
Plat CE-032.02, dated May 16, 1995, Tax Parcel 43-356. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed NDS-7-320, from Xxxxxxx Xxxxxxx. Such properties and rights are designated
"M 1633" for the purposes of the original indenture and all indentures
supplemental thereto.
No. 32 - All that certain tract, piece or parcel of land situate at the
southeast corner of Blue Ball Road (State Route 545) and Dogwood Farm Lane,
lying and being in the 3rd Election District, of Xxxxx County, Maryland
containing approximately 0.612 acres and shown on Delmarva Power & Light Company
Plat CE-033.01, dated May 16, 1995, Tax Parcel 26-422. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed WAS-330-806, from Xxxxxx X. Xxxxxxxxxx, Xx. Executor. Such properties and
rights are designated "M 1634" for the purposes of the original indenture and
all indentures supplemental thereto.
No. 33 - All that certain tract, piece or parcel of land situate on the
south side of Xxxxxxxx Road, east of Tome Memorial Highway, lying and being in
the 7th Election District, of Xxxxx County, Maryland containing approximately
0.039 acres and shown on Delmarva Power & Light Company Plat
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CE-034.01, dated May 16, 1995, Tax Parcel 23-638. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed NDS-278-
523, from Xxxxx X. and Xxxxxxxx X. XxXxxxxx. Such properties and rights are
designated "M 1635" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 34 - All that certain tract, piece or parcel of land situate on the
east side of Interstate Blvd., north of Lums Road, in the North East Commerce
Center, lying and being in the 5th Election District, of Xxxxx County, Maryland
containing approximately 11.327 acres and shown on Delmarva Power & Light
Company Plat CE-035.01, dated May 16, 1995, Tax Parcel 25-768. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed 451-740, from Peninsula Investors. Such properties and rights are
designated "M 1636" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 35 - All that certain tract, piece or parcel of land situate on the
east side of Interstate Blvd., north of Lums Road, in the North East Commerce
Center, lying and being in the 5th Election District, of Xxxxx County, Maryland
containing approximately 1.824 acres and shown on Delmarva Power & Light Company
Plat CE-035.02, dated May 16, 1995, Tax Parcel 25-768. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed 451-705, from Peninsula Industrial Park, Inc. Such properties and rights
are designated "M 1637" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 36 - All that certain tract, piece or parcel of land situate on the
southeast corner of Colora and Xxxxxxx Road, lying and being in the 6th Election
District, of Xxxxx County, Maryland containing approximately 28.23 acres and
shown on Delmarva Power & Light Company Plat CE-036.01, dated May 16, 1995, Tax
Parcel 10-17. Also being more particularly described as was previously conveyed
to Conowingo Power Company by Deed WAS-242-568, from Xxxxxxx X. Xxxxx. Such
properties and rights are designated "M 1638" for the purposes of the original
indenture and all indentures supplemental thereto.
No. 37 - All that certain tract, piece or parcel of land situate
approximately 2,000 feet off the west side of Blue Ball Road, south of I-95,
lying and being in the 3rd Election District, of Xxxxx County, Maryland
containing approximately 2.783 acres and shown on Delmarva Power & Light Company
Plat CE-045.01, dated May 16, 1995, Tax Parcel 20-549. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed 384-222, from Xxxxxxx X. & Xxxx X. Xxxxxxxx. Such properties and rights
are designated "M 1639" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 38 - All that certain tract, piece or parcel of land situate on the
southeast side of Maryland Route 279 and along the Little Elk Creek, Elkton,
lying and being in the 3rd Election District, of Xxxxx County, Maryland
containing approximately 6.151 acres and shown on Delmarva Power & Light Company
Plat CE-012.04 dated May 16, 1995, Tax Parcel 27-1122. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed NDS-351-850, from Young Mens' Christian Association of Xxxxx Co. Inc. Such
properties and rights are designated "M 1640" for the purposes of the original
indenture and all indentures supplemental thereto.
No. 39 - All that certain tract, piece or parcel of land situate on the
northeast side of Xxxxxxxxx Road (State Route 136), northwest of Deep Run Road,
lying and being in the 5th Election District, of Harford County, Maryland
containing approximately 0.780 acres and shown on Delmarva Power & Light Company
Plat HA-001.01, dated May 16, 1995, Tax Parcel 11-107. Also being more
particularly described as was previously conveyed to Conowingo Power Company by
Deed GRG-560-458, from Xxxxx W. and Xxxxxx X. Xxxxxx. Such properties and
rights are designated "M 1501" for the purposes of the original indenture and
all indentures supplemental thereto.
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No. 40 - All that certain tract, piece or parcel of land situate at the
northwest corner of Ady Road (State Route 543) and Old Pylesville Road,
Pylesville, lying and being in the 5th Election District, of Harford County,
Maryland containing approximately 0.531 acres and shown on Delmarva Power &
Light Company Plat HA-002.01, dated May 16, 1995, Tax Parcel 10-171. Also being
more particularly described as was previously conveyed to Conowingo Power
Company by Deed HDC-866-479, from August X. Xxxx. Such properties and rights
are designated "M 1502" for the purposes of the original indenture and all
indentures supplemental thereto.
No. 41 - All that certain tract, piece or parcel of land situate on the
north side of Dublin Road (State Route 440), west of U. S. Route 1, lying and
being in the 5th Election District, of Harford County, Maryland containing
approximately 0.459 acres and shown on Delmarva Power & Light Company Plat HA-
003.01, dated May 16, 1995, Tax Parcel 19-499. Also being more particularly
described as was previously conveyed to Conowingo Power Company by Deed HDC-981-
980, from Xxxxxx X. and Xxxx X. Xxxxxxxx et al. Such properties and rights are
designated "M 1503" for the purposes of the original indenture and all
indentures supplemental thereto.
Together with all other property, real, personal and mixed, tangible and
intangible (except such property as in said Indenture expressly excepted from
the lien and operation thereof), acquired by the Company in connection with
merger of Conowingo Power Company, a corporation of the State of Maryland, with
and into the Company.
The following is a schedule of bonds issued under the Eighty-Eighth
Supplemental Indenture and Credit Line Deed of Trust, effective as of October 1,
1994, that can be designated as First Mortgage Bonds, Series I, which may also
be designated as Secured Medium Term Notes, Series I; and First Mortgage Bonds,
Pledged Series I.
First Mortgage Bonds, Series I/Secured Medium Term Notes, Series I
Issuance Date Tranche Maturity Principal
------------- ------- -------- ------------
06/19/95 7.71% Bonds 06/01/25 $100,000,000
06/19/95 6.95% Amortizing Bonds 06/01/08 $ 25,800,000
------------
First Mortgage Bonds, Pledged Series I
--------------------------------------
Issuance Date Tranche Maturity Principal
------------- ------- -------- ------------
10/12/94 1994 10/01/29 $ 33,750,000
------------
Total Bonds Issued: $159,550,000
------------------- ============
As supplemented and amended by this Ninetieth Supplemental Indenture, the
Original Indenture and all indentures supplemental thereto are in all respects
ratified and confirmed and the Original Indenture and the aforesaid supplemental
indentures and this Ninetieth Supplemental Indenture shall be read, taken and
construed as one and the same instrument.
This Ninetieth Supplemental Indenture shall 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.
-9-
The recitals of fact contained herein shall be taken as the statements of
the Company, and the Trustee assumes no responsibility for the correctness of
the same.
The debtor and its mailing address are Delmarva Power & Light Company, 000
Xxxx Xxxxxx, X. X. Xxx 000, Xxxxxxxxxx, Xxxxxxxx 00000. The secured party and
its address, from which information concerning the security interest hereunder
may be obtained, are Chemical Bank, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx
00000, Attn: Corporate Trust Department.
The Company acknowledges that it received a true and correct copy of this
Ninetieth Supplemental Indenture.
This Ninetieth Supplemental Indenture is executed and delivered pursuant to
the provisions of Section 5.11 and paragraph (a) of Section 17.01 of the
Indenture for the purpose of conveying, transferring and assigning to the
Trustee and of subjecting to the lien of the Indenture with the same force and
effect as though included in the granting clause thereof the above described
property so acquired by the Company on or prior to the date of execution, and
not heretofore specifically subject to the lien of the Indenture; but nothing
contained in this Ninetieth Supplemental Indenture shall be deemed in any manner
to affect (except for such purposes) or to impair the provisions, terms and
conditions of the Original Indenture, or of any indenture supplemental thereto
and the provisions, terms and conditions thereof are hereby expressly confirmed.
The recitals hereinabove set forth are made solely by the Company and the
Trustee shall have no responsibility therefor.
-10-
IN WITNESS WHEREOF, the Company has caused this instrument to be signed in
its name and behalf by its Senior Vice President, Treasurer and Chief Financial
Officer, and its corporate seal to be hereunto affixed and attested by its
Secretary and the Trustee has caused this instrument to be signed in its name
and behalf by a Vice President and its corporate seal to be hereunto affixed and
attested by a Trust Officer, effective as of the 1st day of June, 1995.
DELMARVA POWER & LIGHT COMPANY
Date of Execution By /s/ Xxxxxxx X. Xxxxxx
--------------------------------------
June 22, 1995 XXXXXXX X. XXXXXX, SENIOR VICE PRESIDENT
TREASURER & CHIEF FINANCIAL OFFICER
[Seal]
Attest:
/s/ Xxxxxx X. Xxxxxxxx
----------------------------------------
XXXXXX X. XXXXXXXX, SECRETARY
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CHEMICAL BANK
Date of Execution By /s/ Xxxx Generale
------------------------------
June 23, 1995 XXXX GENERALE, VICE PRESIDENT
[Seal]
Attest:
/s/ Xxxxx Xxxxxx
-------------------------------
XXXXX XXXXXX, TRUST OFFICER
-12-
STATE OF DELAWARE )
) SS.
NEW CASTLE COUNTY )
BE IT REMEMBERED that on this 22nd day of June, 1995, personally came
before me, a notary public for the State of Delaware, XXXXXXX X. XXXXXX, Senior
Vice President, Treasurer and Chief Financial Officer of DELMARVA POWER & LIGHT
COMPANY, a corporation of the State of Delaware and the Commonwealth of Virginia
(the "Company"), party to the foregoing instrument, known to me personally to be
such, and acknowledged the instrument to be her own act and deed and the act and
deed of the Company; that her signature is in her own proper handwriting; that
the seal affixed is the common or corporate seal of the Company; and that her
act of signing, sealing, executing and delivering such instrument was duly
authorized by resolution of the Board of Directors of the Company.
GIVEN under my hand and official seal the day and year aforesaid.
/s/ Xxxxxx X. Xxxxxx
--------------------------------------
Notary Public, State of Delaware
My commission expires March 23, 1999
[Seal]
Certification
-------------
This document was prepared under the supervision of an attorney admitted
to practice before the Court of Appeals of Maryland, or by or on behalf of one
of the parties named in the within instrument.
/s/ Christie Day Xxxxxx
--------------------------------------
Christie Day Xxxxxx
-13-
STATE OF NEW YORK )
) SS.
COUNTY OF NEW YORK )
BE IT REMEMBERED that on this 23rd day of June, 1995, personally came
before me, a Notary Public for the State of New York, JOHN GENERALE, a Vice
President of CHEMICAL BANK, a corporation of the State of New York (the
"Trustee"), party to the foregoing instrument, known to me personally to be
such, and acknowledged the instrument to be his own act and deed and the act and
deed of the Trustee; that his signature is his own proper handwriting; that the
seal affixed is the common or corporate seal of the Trustee; and that his act of
signing, sealing, executing and delivering said instrument was duly authorized
by resolution of the Board of Directors of the Trustee.
GIVEN under my hand and official seal the day and year aforesaid.
/s/ Xxxxxxxxx XxXxxx
----------------------------------
Notary Public, State of New York
[Seal]
-14-
CERTIFICATE OF RESIDENCE
CHEMICAL BANK, successor Trustee to the Trustee within named, by merger,
hereby certifies that its precise residence is 000 Xxxx 00xx Xxxxxx, in the
Borough of Manhattan, in The City of New York, in the State of New York.
CHEMICAL BANK
By /s/ Xxxx Generale
--------------------------------
XXXX GENERALE, VICE PRESIDENT
-15-
RECORDATION DATA
Executed Counterparts of the Ninetieth Supplemental Indenture were
recorded in Real Property Mortgage Records as follows:
Received Mortgage Records
State and County for Record Book Page
------------------ ---------- ---- ----
DELAWARE:
Kent 07/07/95 166 83
New Castle 07/07/95 3820 16
Sussex 06/03/95 2109 179
PENNSYLVANIA:
Xxxxx 06/28/95 1047 253
Xxxxxxxxx 07/05/95 1492 52
Bedford 06/28/95 590 585
Xxxxx 06/30/95 1142 916
Cambria 06/29/95 1363 541
Cumberland 06/28/95 1269 221
Delaware 06/29/95 1373 2085
Franklin 06/29/95 1009 606
Huntingdon 06/29/95 382 972
Indiana 06/28/95 510 141
Lancaster 06/28/95 4670 488
Xxxxxxxxxx 07/10/95 7604 20
Xxxxxxxxxxxx 06/28/95 3596 566
York 06/29/95 1127 694
NEW JERSEY:
Burlington 07/19/95 6021 101
Camden 07/13/95 4382 565
Gloucester 07/13/95 2923 270
Xxxxxx 07/13/95 3396 213
Middlesex 07/13/95 4923 1
Salem 07/13/95 839 333
Somerset 07/13/95 2550 313
Xxxxxx 07/13/95 1618 266
MARYLAND:
Xxxxxxxx 06/30/95 284 228
Xxxxx 07/05/95 548 620
Dorchester 07/05/95 322 864
Harford 07/07/95 2268 450
Kent 07/03/95 80 73
Queen Anne's 07/06/95 499 722
Somerset 06/28/95 430 331
Talbot 07/10/95 806 588
Wicomico 07/03/95 1445 395
Worcester 06/29/95 2175 152
VIRGINIA:
Accomack 07/05/95 694 000
Xxxxxxxxxxx 07/05/95 275 272
-16-