Exhibit 4.4
CONFORMED COPY
This Instrument Prepared By: |
/s/ Charlene Anderson |
Charlene Anderson Delmarva Power & Light Company 800 King Street Wilmington, DE 19801 |
DELMARVA POWER & LIGHT COMPANY
TO
THE BANK OF NEW YORK MELLON,
Trustee.
ONE HUNDRED AND SIXTH SUPPLEMENTAL
INDENTURE
Dated as of January 1, 2010
(but executed on the dates shown on the execution page)
ThisONE HUNDRED AND SIXTH SUPPLEMENTAL INDENTURE, dated as of the first day of January, 2010 (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 THE BANK OF NEW YORK MELLON, a national banking association, hereinafter called the Trustee;
WITNESSETH:
WHEREAS, the Company heretofore executed and delivered its Indenture of Mortgage and Deed of Trust (hereinafter in this One Hundred and Sixth 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 The Bank of New York Mellon 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 one hundred and five indentures supplemental to said Original Indenture dated as of October 1, 1943, of which one hundred and five supplemental indentures the One Hundred and Fifth Supplemental Indenture is dated as of September 22, 2009, the Original Indenture has been modified and supplemented (hereinafter, as so supplemented and amended, called the “Indenture”); and
WHEREAS, the execution and delivery of this One Hundred and Sixth Supplemental Indenture has been duly authorized by Unanimous Written Consent of the Board of Directors of the Company, and all conditions and requirements necessary to make this One Hundred and Sixth 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 the 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 heretofore has not been specifically conveyed to the Trustee;
NOW, THEREFORE, this ONE HUNDRED AND SIXTH SUPPLEMENTAL INDENTURE WITNESSETH that for and in consideration of the premises and in pursuance of the provisions of the 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 Indenture and particularly of Article IX thereof:
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No. 1 — All that certain lot, piece or parcel of land, situated in the South Murderkill Hundred, Kent County, State of Delaware lying on the south side of Bowers Beach Road (Co. Rd. 18) across from the intersection of Bowers Beach Road and Old Bowers Road being bounded on the north by said Bower Beach Road, on the east and south by residue lands now or formerly of North Bowers Farm, LLC and on the west by lands now or formerly of Francis J. Webb, Trustee, being all of Lot 1, including the 5 foot right of way dedication as shown on a survey entitled “Minor Subdivision Plat – lands of North Bowers Farm, LLC” as prepared by Becker Morgan Group, Inc. and recorded in the Kent County, Maryland Recorder of Deeds Office, Vol. 5255, Page 111 on December 23, 2009, and being more particularly described as follows to wit:
Beginning at a point along the southerly right of way of Bowers Beach Road at a corner for this parcel and lands of Francis J. Webb, Trustee, said point of beginning being southeast of the centerline intersection of Bowers Beach Road and Old Bowers Road, thence from said point of beginning and running with the southerly right of way line of Bowers Beach Road the following four courses and distances 1) South 85º29’23” East a distance of 498.33 feet to a point; thence 2) curving to the left on an arc of a circle of a radius of 2,899.79 feet and an arc length of 344.88 feet, chord bearing of said arc being South 88º53’49” East a distance of 344.68 feet to a point; thence 3) South 02º18’15” East a distance of 5.00 feet to a point; thence 4) curving to the left on an arc of a circle of a radius of 2,904.79 feet and an arc length of 3.96 feet, chord bearing of said arc being South 87º39’24” East a distance of 3.96 feet to a point at a corner for this parcel and residue lands of North Bowers Farm, LLC; thence turning and running with said residue lands of North Bowers Farm the following five courses and distances 3) South 07º01’00” West a distance of 645.15 feet to a set iron rod with cap; thence 4) North 82º59’00” West a distance of 177.74 feet to a set iron rod with cap; thence 5) North 75º45’11” West a distance of 212.10 feet to a set iron rod with cap; thence 6) South 77º05’29” West a distance of 176.17 feet to a set iron rod with cap; thence 7) North 80º18’22” West a distance of 223.27 feet to a set iron rod with cap at a corner for this parcel and in line with lands of Francis J. Webb, Trustee; thence turning and running with said lands of Webb 8) North 00º39’04” East a distance of 618.86 feet to the point and place of beginning and containing 11.551 acres of land, be the same more or less.
AND the aforesaid Lot 1 being described separate and apart from the Dedication above, as follows:
All that certain lot, piece or parcel of land, situated in the South Murderkill Hundred, Kent County, State of Delaware lying on the south side of Bowers Beach Road (Co. Rd. 18) across from the intersection of Bowers Beach Road and Old Bowers Road being bounded on the north by said Bower Beach Road, on the east and south by residue lands now or formerly of North Bowers Farm, LLC and on the west by lands now or formerly of Francis J. Webb, Trustee, being all of Lot 1 as shown on a survey entitled “Minor Subdivision Plat – lands of North Bowers Farm, LLC” as prepared by Becker Morgan Group, Inc. and recorded in the Kent County Recorder of Deeds Office (P.B. xx/xx) on December xx, 2009 and being more particularly described as follows to wit:
Beginning at a set iron with cap along the southerly right of way of Bowers Beach Road at a corner for this parcel and lands of Francis J. Webb, Trustee, said point of beginning being southeast of the centerline intersection of Bowers Beach Road and Old Bowers Road, thence from said point of beginning and running with the southerly right of way line of Bowers Beach Road the following two courses and distances 1) South 85º29’23” East a distance of 497.99 feet to a set iron rod with cap; thence 2) curving to the left on an arc of a circle of a radius of 2,904.79 feet and an arc length of 349.44 feet, chord bearing of said arc being South 88º56’10” East a distance of 349.23 feet to set iron with cap at a corner for this parcel and residue lands of North Bowers Farm, LLC; thence turning and running with said residue lands of North Bowers Farm the following five courses and distances 3) South 07º01’00” West a distance of 645.15 feet to a set iron rod with cap; thence 4) North 82º59’00” West a distance of 177.74 feet to a set iron rod with cap; thence 5) North 75º45’11” West a distance of 212.10 feet to a set iron rod with cap; thence 6) South 77º05’29” West a distance of 176.17 feet to a set iron rod with cap; thence 7) North 80º18’22” West a distance of 223.27 feet to a set iron rod with cap at a
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corner for this parcel and in line with lands of Francis J. Webb, Trustee; thence turning and running with said lands of Webb 8) North 00º39’04” East a distance of 613.85 feet to the point and place of beginning and containing 11.454 acres of land, be the same more or less.
No. 2 — All that lot or parcel of land located in the Seventh Election District, Town of Port Deposit, Cecil County, Maryland, as recorded in the Cecil County, Maryland Recorder of Deeds Office, Book 2726, Page 229 on September 25, 2009, and more particularly described as follows:
Beginning for the same at an iron pin with cap set on the northern right-of-way line of Maryland route 276 (see S.R.C. plat 20876). Said beginning point further being located on the division line between the lands now, or formerly of, Richard H. Mason Sr. (see W.L.B. 697/533) and the herein described Phillip Ohler lands (see W.L.B. 2518/623).
THENCE, leaving said beginning point so fixed and binding on the aforesaid division line,
1. North 39 º 44’ 44” West 100.00 feet to a point on the southern line of lands now or formerly of The Arundel Corporation lands,
2. North 53 º 52’ 24” East 40.08 feet to a point on the western line of lands now or formerly of Christopher D. and Catherine A Sigmon (see W.L.B. 2224/405)
THENCE, leaving the Arundel Corporation lands and binding on the Sigmon lands,
3. South 39 º 44’44” East 100.00 feet, to an iron pin with cap set on the northern right-of-way of the aforementioned Maryland Route 276.
THENCE, leaving the Sigmon lands and binding on the said right-of-way, wih the arc of a curve to the left, 40.08 feet, said curve having a radius of 850.00 feet and being scribed by a chord of;
4. South 53 º 52’ 24” West 40.08 feet to the place of beginning.
CONTAINING in all 0.092 acres (3,993 square feet) of land, be the same more or less.
BEING THE SAME lot or parcel of land which was conveyed to Philip Ohler, by Wildwood Enterprises, Inc., by its deed dated June 11, 3008 and recorded among the Land Records of Cecil County in Book 2518, page 623.
TOGETHER WITH the buildings and improvements thereupon erected made or being, and all and every the rights, alleys, ways, waters, privileges, appurtenances, and advantages pertaining or belonging thereto.
No. 3 — The following additional real properties:
State and County
MARYLAND
Dorchester
Property Name | Received For Record | Book | Page | Tax Map No. | ||||
Sutherland Parcel | 07/29/09 | 932 | 138 | Map 55 Parcel 73 | ||||
Pinder Parcel | 11/19/09 | 951 | 380 | Map 54 Parcel 57 | ||||
Pinder Parcel | 11/19/09 | 951 | 400 | Map 54 Parcel 108 | ||||
Pinder Parcel | 11/19/09 | 951 | 391 | Map 64 Parcel 33 | ||||
Johnson Lumber | 12/30/09 | 959 | 012 | Map 44 Parcel 52 |
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State and County
MARYLAND
Somerset
Property Name | Received For Record | Book | Page | Tax Map No. | ||||
Loretto Expansion | 03/25/09 | 336 | 502 | Map 5 Parcel 38 |
State and County
MARYLAND
Wicomico
Property Name | Received For Record | Book | Page | Tax Map No. | ||||
Wells Parcel | 11/3/09 | 3123 | 099 | Map 8 Parcel 112 | ||||
Richardson Parcel | 12/30/09 | 3143 | 075 | Map 8 Parcel 6 | ||||
Mt. Pleasant AUMP | 12/30/09 | 3143 | 067 | Map 8 Parcel 164 |
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 on or prior to December 31, 2009, and not heretofore specifically subjected to the lien of the Indenture.
Also without limitation of the generality of the foregoing, the easements and rights-of-way and other rights in or not used in connection with the Company’s operations, which are conveyed to the Company and recorded in the following Real Property Deed Records to which reference is made for a more particular description, to wit:
State and County
DELAWARE
New Castle
Received For Record | Instrument No. | Tax ID No. | ||
02/18/09 | 20090218-0008361 | 10-019.00-012 | ||
02/18/09 | 20090218-0008366 | 14-013.00-010 | ||
02/18/09 | 20090218-0008365 | 15-015.00-145 | ||
02/18/09 | 20090218-0008363 | 08-036.20-358 | ||
02/18/09 | 20090218-0008364 | 09-011.00-036 | ||
02/18/09 | 20090218-0008362 | 10-019.00-013 | ||
03/25/09 | 20090325-0017122 | 0607200105 | ||
03/25/09 | 20090325-0017119 | 0900300033 | ||
03/25/09 | 20090325-0017120 | 08-030.00-003 | ||
03/25/09 | 20090325-0017121 | 0612500029 | ||
03/25/09 | 20090325-0017123 | 13-023.00-026 | ||
04/29/09 | 20090429-0025849 | 10-005.30-304 | ||
04/29/09 | 20090429-0025850 | 10-040.00-023, 10-040.20-248, 10 040.00-249, 10-040.20-250, 10-040.40-295, Thru 10-040.40-317 | ||
06/02/09 | 20090602-0034252 | 26-050.00-069, 26-050.00-028 |
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10/20/09 | 20091020-0067712 | 13-012.00-005, 13-012.00-125, 13-012.00-126, 13-012.00-127 | ||
10/20/09 | 20091020-0067711 | 13-007.00-093 | ||
10/20/09 | 20091020-0067710 | 26-022.20-314, 26-022.20-323, 26-022.20-328, 26-022.20-512 thru 26-022.20-526 | ||
10/20/09 | 20091020-0067704 | 12-042.10-019 thru 12-042.10-001, 12-035.30-007, 12-041.20-122 thru 12-041.20-126, 12-041.20-081 thru 12-041.20-094, 12-035.30-006 thru 12-035.30-001, 13-.34.40-007 thru 12-034.40-001, 12-041.20-020 thru 12-041.20-0136, 12-041.20-095 thru 12-041.20-102, 12-041.20-028 thru 12-041.20-040, 12-041.20-012 thru 12-041.20-001, 12-041.20-0702 thru 12-041.20-064, 12-041.20-041 thru 12-041.20-053, 12-041.20-062 thru 12-041.20-055, 12-041.20-063 12-041.20-080 thru 12-041.20-073, 12-041.20-127 thru 12-041.20-133, 13-003.32-005 thru 13-003.32-009, 12-041.20-054, 12-042.10-032 thru 12-042.10-028, 12-041.20-021 thru 12-041.20-027, 12-042.10-027, thru 12-042.10-020, 13-003.32-010 thru 13-003.32-023, 12-041.20-134 thru 12-041.20-137, 12-041.20-104 thru 12-041.20-106, 12-042.10-052 thru 12-042.10-033, 12-042.10-063, 12-041.20-107 thru 12-041.20-121, 12-042.10-062 thru 12-042.10-054, 12-042.10-064, 12-042.10-053, 12-041.20-138, 12-041.20-103, 12-042-10-065, 12-042.10-005 | ||
10/20/09 | 20091020-0067709 | 15-016.00-157 | ||
10/20/09 | 20091020-0067705 | 11-012.30-001 thru 11-012.30-008, 11-016.10-060 thru 11-016.10-071 | ||
10/20/09 | 20091020-0067708 | 12-002.00-019 | ||
12/17/09 | 20091217-0079880 | 11-012.00-012 | ||
12/17/09 | 20091217-0079891 | 07-008.00-0005, 07-008.00-044 07-008.00-045, 07-008.00-046 07-008.00-047 | ||
12/17/09 | 20091217-0079890 | 14-018.00-051 | ||
1217/09 | 20091217-0079889 | 26-066.00-005 | ||
12/17/09 | 20091217-79888 | 07-007.00-155 | ||
12/17/09 | 20091217-79887 | 07-012.00-061 | ||
12/17/09 | 20091217-79886 | 09-005.00-031, 09-005.00-117 09-005.00-118, 09-005.00-119 09-005.00-120 | ||
12/17/09 | 20091217-79885 | 06-100.00-072 | ||
12/17/09 | 20091217-79884 | 26-016.30-121, 26-016.30-122 | ||
12/17/09 | 20091217-79883 | 14-015.00-193 |
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12/17/09 | 20091217-79881 | 10-023.40-148, 10-023.40-219 thru 10-023.40-234 | ||
12/17/09 | 20091217-79882 | 26-026.40-005 |
State and County
DELAWARE
Kent
Received For Record | Instrument No. | Tax ID No. | ||
03/06/09 | 2009-142671 | 6-00-19300-01-1600-00001 | ||
07/28/09 | 2009-153102 | 3-00-01600-01-3700-00001 | ||
11/30/09 | 2009-160502 | 4-03-046.00-01-01.00/000 and 2-4-22-046.00- 01-3.00/000 | ||
11/30/09 | 2009-160501 | 3-00-01600-01-7902-00001 | ||
11/30/09 | 2009-160500 | 8-00-1222-08-01-6900-00001 | ||
12/18/09 | 2009-161807 | 2-00-05700-01-1100-000 | ||
12/18/09 | 2009-161806 | KH-00-016.00-01-37.00-000 |
State and County
DELAWARE
Sussex
Received For Record | Book | Page | Tax ID No. | |||
02/18/09 | 3655 | 274 | 4-32 5.00 7.05 | |||
02/18/09 | 3655 | 276 | 3-34 14.14 54.00 | |||
02/18/09 | 3655 | 279 | 3-30 15.00 73.00 | |||
03/04/09 | 3658 | 271 | 2-35 20.00 56.00, 754.00 – 789.00, 791.00 – 815.00 | |||
03/24/09 | 3663 | 196 | 3-31 4.00 119.00 | |||
03/24/09 | 3663 | 194 | 1-33 11.00 5.00 | |||
03/24/09 | 3663 | 192 | 1-35 19.00 60.01 | |||
03/24/09 | 3663 | 190 | 2-35 20.00 824.00 | |||
07/27/09 | 3695 | 183 | 5-32-20-104.05 & 104.06 | |||
07/27/09 | 3695 | 185 | 5-32-20.00-93.00 | |||
07/27/09 | 3695 | 187 | 334-13.00-359.00 | |||
07/27/09 | 3695 | 190 | 3-34 20.05 313.01 | |||
07/27/09 | 3695 | 193 | 2-35 30.00 27.00 | |||
07/27/09 | 3695 | 196 | 1-35 19.08 199.00 | |||
07/27/09 | 3695 | 199 | 1-32 12.00 66.03 | |||
07/27/09 | 3695 | 201 | 1-32 12.00 66.02 | |||
07/27/09 | 3695 | 203 | 2-35 14.16 43.00 | |||
10/20/09 | 3725 | 030 | 2-34 29.00 57.04 | |||
10/20/09 | 3725 | 032 | 2-34 29.00 57.03 | |||
10/20/09 | 3724 | 340 | 4-32 7.00 22.00 | |||
10/20/09 | 3724 | 348 | 2-35 14.19 179.00 | |||
10/20/09 | 3725 | 001 | 5-31 4.00 39.00 | |||
10/20/09 | 3725 | 003 | 1-34 13.00 109.00 |
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10/20/09 | 3724 | 342 | 2-33 14.00 8.00 | |||
10/20/09 | 3725 | 005 | 2-33 5.00 118.04 | |||
10/20/09 | 3724 | 346 | 2-35 5.00 118.07 | |||
10/20/09 | 3724 | 344 | 2-33 5.00 118.08 | |||
10/20/09 | 3725 | 034 | 2-33 5.00 118.06 | |||
10/20/09 | 3725 | 026 | 2-33 5.00 118.05 | |||
10/20/09 | 3725 | 036 | 2-33 5.00 118.00 | |||
10/20/09 | 3725 | 028 | 2-35 5.00 118.03 | |||
10/20/09 | 3725 | 038 | 2-35 5.00 122.00 | |||
10/20/09 | 3725 | 040 | 1-31 10.12 126.00 | |||
10/20/09 | 3724 | 338 | 5-32-20.00-98.00 | |||
12/15/09 | 3742 | 125 | 1-31 14.00 44.13 | |||
12/15/09 | 3742 | 139 | 1-34 11.00 105.00 | |||
12/15/09 | 3742 | 137 | 5-33 6.00 79.00 | |||
12/15/09 | 3742 | 135 | 1-34 12.00 281.01 | |||
12/15/09 | 3742 | 133 | 233 15.00 52.08 | |||
12/15/09 | 3742 | 131 | 1-31 10.00 80.01 | |||
12/15/09 | 3742 | 128 | 2-34 6.00 4.00 |
State and County
MARYLAND
Caroline
Received For Record | Book | Page | Tax ID No. | |||
02/17/09 | 845 | 112 | Map 31 Parcel 46 | |||
07/28/09 | 872 | 045 | Tax Parcel No. 123 (Map 101) (Lot 13 & 24) | |||
07/28/09 | 872 | 043 | Tax Parcel No. 509 (Map 102 Lot 1) | |||
11/13/09 | 887/102 | Map 9 Parcel 5, Lot 4A | ||||
11/13/09 | 887/104 | Map 9 Parcel 5, Lot 4B | ||||
11/18/09 | 887/499 | Map 21 Parcel 20 Lots 1-5 |
State and County
MARYLAND
Cecil
Received For Record | Book | Page | Tax ID No. | |||
02/17/09 | 2593 | 495 | Map 40 Parcel 95 | |||
02/17/09 | 2593 | 497 | Map 17 Parcel 328 (all lots inclusive) | |||
03/25/09 | 2615 | 401 | Parcel 445 Map 42 Lot 18 | |||
03/25/09 | 2615 | 398 | Parcel 445 Map 42 Lot 20 | |||
03/25/09 | 2615 | 395 | Parcel 445 Map 42 Lot 21 | |||
03/25/09 | 2615 | 385 | Parcel 2441 (Lots A1 & A2) Map 317 | |||
03/25/09 | 2615 | 387 | Parcel 424 Map 32 Lot 1 | |||
03/25/09 | 2615 | 390 | Parcel 424 Map 32 Lot 2 | |||
03/25/09 | 2615 | 393 | Parcel 752 Map 13 | |||
05/01/09 | 2641 | 190 | Parcel 69 Map 40 | |||
05/01/09 | 2641 | 195 | Parcel 324 Map 43 | |||
05/01/09 | 2641 | 198 | Parcel 291 Map 16 |
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05/01/09 | 2641 | 188 | Parcel 137 Map 40 | |||
05/01/09 | 2641 | 192 | Parcel 445 Map 42 Lot 17 | |||
10/27/09 | 2743 | 066 | Map 301 Parcel 123 Lot 2-B | |||
10/27/09 | 2743 | 063 | Map 42 Parcel 445 | |||
10/27/09 | 2743 | 071 | Map 7 Parcel 303 | |||
10/27/09 | 2743 | 068 | Map 42 Parcel 445 | |||
11/13/09 | 2752 | 314 | Map 18 Parcel 413 | |||
11/13/09 | 2752 | 316 | Map 38 Parcel 22 | |||
11/13/09 | 2752 | 318 | Map 31 Parcel 8 | |||
11/13/09 | 2752 | 320 | Map 25 Parcel 295 (all lots inclusive) | |||
11/13/09 | 2752 | 322 | Map 43 Parcel 151 (all lots inclusive) | |||
11/13/09 | 2752 | 324 | Map 23 Parcel 22 | |||
11/13/09 | 2752 | 326 | Map 4 Parcel 85 | |||
11/13/09 | 2752 | 328 | Map 322 Parcel 106 | |||
11/13/09 | 2752 | 330 | Map 44 Parcel 68 | |||
11/13/09 | 2752 | 332 | Map 26 Parcel 233 | |||
12/21/09 | 2770 | 435 | Tax Parcel 110 Map 41 | |||
12/21/09 | 2770 | 430 | Tax Parcel 60 Map 29 | |||
12/21/09 | 2770 | 432 | Tax Parcel 14 (Map 307) & 141 (Map 311) |
State and County
MARYLAND
Dorchester
Received For Record | Book | Page | Tax ID No. | |||
02/17/09 | 0902 | 383 | Map 306 Parcel 5862 | |||
02/17/09 | 0902 | 381 | Map 304 Parcel 3532 |
State and County
MARYLAND
Harford
Received For Record | Book | Page | Tax ID No. | |||
02/20/09 | 08061 | 424 | Parcel 25 Map 18 Lot 2 | |||
02/20/09 | 08061 | 421 | Parcel 25 Map 18 Lot 4 | |||
02/20/09 | 08061 | 418 | Parcel 25 Map 18 Lot 3 | |||
10/22/09 | 08375 | 056 | Tax Parcel No. 123 Map 27 Lot -012 | |||
10/22/09 | 08375 | 059 | Tax Parcel 123 Map 27 Lot 011 |
State and County
MARYLAND
Kent
Received For Record | Book | Page | Tax ID No. | |||
03/26/09 | 0597 | 371 | Map 44 Parcel 39 | |||
03/26/09 | 0597 | 369 | Map 46 Parcel 81 | |||
03/26/09 | 0597 | 367 | Map 20 Parcel 18 | |||
04/30/09 | 0602 | 100 | Parcel 33 Map 45 | |||
12/17/09 | 0630 | 111 | Map 36 Parcel 254 | |||
12/17/09 | 0630 | 113 | Map 36 Parcel 107 |
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State and County
MARYLAND
Queen Anne’s
Received For Record | Book | Page | Tax ID No. | |||
02/18/09 | 1838 | 493 | Map 56 Parcel 250 | |||
02/18/09 | 1838 | 491 | Map 56 Parcel 22 Lot 3 | |||
02/18/09 | 1838 | 488 | Map 36 Parcel 4 | |||
02/18/09 | 1838 | 486 | Map 22 Parcel 212 | |||
03/25/09 | 1848 | 578 | Map 28 Parcel 104 | |||
03/25/09 | 1848 | 576 | Map 28 Parcel 102 | |||
03/25/09 | 1848 | 574 | Map 28 Parcel 114 | |||
03/25/09 | 1848 | 572 | Map 28 Parcel 17 | |||
03/25/09 | 1848 | 570 | 28 Parcel 113 | |||
04/30/09 | 1859 | 433 | Parcel 31 Map 25 | |||
04/30/09 | 1859 | 431 | Parcel 19 Map 31 | |||
07/28/09 | 1885 | 139 | Tax Parcel 70, Map 31 | |||
07/28/09 | 1885 | 141 | Tax Parcel #122, Map 31 | |||
07/28/09 | 1885 | 143 | Tax Parcel # 70, Map 31 | |||
10/20/09 | 1904 | 342 | Tax Parcel #195 (Parcel 1&2 Lot 1&2 Each), Map 58A | |||
10/20/09 | 1904 | 339 | Map 45 Parcel 44 | |||
12/17/09 | 1916 | 580 | Map 23 Parcel 18 | |||
12/17/09 | 1916 | 578 | Map 301 Parcel 1142 | |||
12/17/09 | 1916 | 576 | Map 30 parcel 52 | |||
12/17/09 | 1916 | 574 | Map 60 Parcel 13 – Trc I, II, IV | |||
12/17/09 | 1916 | 572 | Map 60 Parcel 100 |
State and County
MARYLAND
Somerset
Received For Record | Book | Page | Tax ID No. | |||
02/17/09 | 0741 | 539 | Map 41 Parcel 38 | |||
03/26/09 | 0745 | 169 | Map 66 Parcel 14 | |||
07/27/09 | 0756 | 499 | Map 100 Parcel 1314 | |||
12/17/09 | 768 | 271 | Map 7 Parcel Lot A/26 | |||
12/17/09 | 768 | 268 | Map 7 Parcel Lot B/26 | |||
12/17/09 | 768 | 266 | Map 15 Parcel 155 |
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State and County
MARYLAND
Talbot
Received For Record | Book | Page | Tax ID No. | |||
02/19/09 | 1669 | 003 | Map 23 parcel 36 & 75 | |||
02/19/09 | 1669 | 010 | Map 64 Parcel 2 | |||
02/19/09 | 1669 | 005 | Map 300 Parcel 1664 | |||
02/19/09 | 1669 | 007 | Map 48 Parcel 30 | |||
03/25/09 | 1679 | 166 | Map 23 Parcel 73 |
State and County
MARYLAND
Wicomico
Received For Record | Book | Page | Tax ID No. | |||
02/18/09 | 3005 | 448 | Map 53 Parcel 366 & 371 | |||
02/18/09 | 3005 | 450 | Map 41 Parcel 11 | |||
02/18/09 | 3005 | 452 | Map 39 Parcel 729 | |||
02/18/09 | 3005 | 445 | Parcel 665 | |||
02/18/09 | 3005 | 454 | Map 101 Parcel 5470 | |||
02/18/09 | 3005 | 456 | Map 48 Parcel 375 | |||
02/18/09 | 3005 | 458 | Map 11A Parcel 466 | |||
02/18/09 | 3005 | 442 | Parcel 376 | |||
03/25/09 | 3022 | 378 | Parcel 146 | |||
03/25/09 | 3022 | 380 | Parcel 2447 | |||
03/25/09 | 3022 | 384 | Tax Parcel 1232 | |||
03/25/09 | 3022 | 382 | Tax Parcel 178 | |||
4/30/09 | 3041 | 007 | Map 10 Parcel 19 | |||
4/30/09 | 3041 | 009 | Map 30 Parcel 230 | |||
12/17/09 | 3137 | 385 | Map 41 Parcel 180 |
State and County
MARYLAND
Worcester
Received For Record | Book | Page | Tax ID No. | |||
02/17/09 | 5198 | 529 | Map 14 Parcel 137 | |||
02/17/09 | 5198 | 523 | Map 19 Parcel 123 Lots 4 & 5 | |||
02/17/09 | 5198 | 525 | Map 92 Parcel 69 | |||
02/17/09 | 5198 | 527 | Map 110 Parcel 2611 | |||
02/17/09 | 5198 | 531 | Map 14 Parcel 243 | |||
03/26/09 | 5223 | 406 | Map 9 Parcel 143 | |||
03/26/09 | 5223 | 408 | Map 94 Parcel 45 | |||
03/26/09 | 5223 | 404 | Map 86 Parcel 149 | |||
04/30/09 | 5249 | 006 | Parcel 195 Map 83 | |||
04/30/09 | 5249 | 004 | Parcel 98 Map 10 | |||
12/17/09 | 5401 | 484 | Map 94 Parcel 174 |
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12/17/09 | 5401 | 482 | Map 93 Parcel 33 | |||
12/17/09 | 5401 | 480 | Map 27 Parcel 527 |
State and County
VIRGINIA
Accomack
Received For Record | Book | Page | Tax ID No. | |||
03/18/09 | 2009 | 01079 | 093C`A000014000 |
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 | |||
11/25/08 | 6.40% Bonds | 12/01/13 | $250,000,000 | |||
First Mortgage Bonds, Pledged Series I
Issuance Date | Tranche | Maturity | Principal | |||
10/12/94 | 1994 | 10/01/29 | $ 33,750,000 | |||
Total Bonds Issued: | $409,550,000 | |||||
As supplemented and amended by this One Hundred and Sixth 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 One Hundred and Sixth Supplemental Indenture shall be read, taken and construed as one and the same instrument.
This One Hundred and Sixth 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.
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, 800 King Street, P.O. Box 231, Wilmington, Delaware 19899. The secured party and its address, from which information concerning the security interest hereunder may be obtained, is The Bank of New York Mellon, 525 William Penn Place — 38th Floor, Pittsburgh, Pennsylvania 15259, Attn.: Corporate Finance.
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The Company acknowledges that it received a true and correct copy of this One Hundred and Sixth Supplemental Indenture.
This One Hundred and Sixth 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 One Hundred and Sixth 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.
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the Company has caused this instrument to be signed in its name and behalf by its President, and its corporate seal to be hereunto affixed and attested by its Assistant 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 an authorized officer, effective as of the 1st day of January, 2010.
DELMARVA POWER & LIGHT COMPANY | ||||||
Date of Execution | By | /s/ David M. Velazquez | ||||
DAVID M. VELAZQUEZ, PRESIDENT | ||||||
April 8, 2010 | ||||||
Attest: | ||||||
/s/ Jeffery E. Snyder | ||||||
JEFFERY E. SNYDER, ASSISTANT SECRETARY | ||||||
THE BANK OF NEW YORK MELLON, | ||||||
as Trustee | ||||||
Date of Execution | By | /s/ Thomas J. Provenzano | ||||
THOMAS J. PROVENZANO, VICE PRESIDENT | ||||||
April _13, 2010 | ||||||
Attest: | ||||||
/s/ Beth Mellinger | ||||||
, |
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DISTRICT OF COLUMBIA: SS.
BE IT REMEMBERED that on this 8th day of April, 2010, personally came before me, a notary public for the District of Columbia, David M. Velazquez, President 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 his own act and deed and the act and deed of the Company; that his signature is in his own proper handwriting; that the seal affixed is the common or corporate seal of the Company; and that his 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/ Linda Epperly | ||||
Notary Public, District of Columbia | ||||
My commission expires 1-1-2015 |
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/ Charlene Anderson | ||||
Charlene Anderson |
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STATE OF NEW YORK | ) | |||||
) SS. | ||||||
COUNTY OF NEW YORK | ) |
BE IT REMEMBERED that on this _13 day of April, 2010, personally came before me, a Notary Public for the State of New York, Thomas J. Provenzano, Vice President of THE BANK OF NEW YORK MELLON, a national banking association (the “Trustee”), 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 Trustee; that her signature is her own proper handwriting; that the seal affixed is the common or corporate seal of the Trustee; and that her 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/ Jeremy Sopko | ||||
Notary Public, State of New York | ||||
My commission expires 9-1-2013 |
[Seal]
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CERTIFICATE OF RESIDENCE
THE BANK OF NEW YORK MELLON, successor Trustee to the Trustee within named, hereby certifies that it has a residence at 525 William Penn Place — 38th Floor, Pittsburgh, Pennsylvania 15259.
THE BANK OF NEW YORK MELLON | ||
By | /s/ Thomas J. Provenzano |
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