EXHIBIT (4)(e)(xv)
NINETY-SEVENTH SUPPLEMENTAL INDENTURE
PROVIDING AMONG OTHER THINGS FOR
FIRST MORTGAGE BONDS,
3 3/8% SERIES DUE JUNE 15, 2010
----------------
DATED AS OF SEPTEMBER 1, 2004
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CONSUMERS ENERGY COMPANY
TO
JPMORGAN CHASE BANK
TRUSTEE
Counterpart ____ of 90
NINETY-SEVENTH SUPPLEMENTAL INDENTURE, dated as of September 1, 2004
(hereinafter sometimes referred to as "this Supplemental Indenture"), made and
entered into by and between CONSUMERS ENERGY COMPANY, a corporation organized
and existing under the laws of the State of Michigan, with its principal
executive office and place of business at One Energy Plaza, in Jackson, Jackson
County, Michigan 49201, formerly known as Consumers Power Company (hereinafter
sometimes referred to as the "Company"), and JPMORGAN CHASE BANK, a corporation
organized and existing under the laws of the State of New York, with its
corporate trust offices at 4 New York Plaza, in the Borough of Manhattan, The
City of New York, New York 10004 (hereinafter sometimes referred to as the
"Trustee"), as Trustee under the Indenture dated as of September 1, 1945 between
Consumers Power Company, a Maine corporation (hereinafter sometimes referred to
as the "Maine corporation"), and City Bank Farmers Trust Company (Citibank,
N.A., successor, hereinafter sometimes referred to as the "Predecessor
Trustee"), securing bonds issued and to be issued as provided therein
(hereinafter sometimes referred to as the "Indenture"),
WHEREAS at the close of business on January 30, 1959, City Bank
Farmers Trust Company was converted into a national banking association under
the title "First National City Trust Company"; and
WHEREAS at the close of business on January 15, 1963, First National
City Trust Company was merged into First National City Bank; and
WHEREAS at the close of business on October 31, 1968, First National
City Bank was merged into The City Bank of New York, National Association, the
name of which was thereupon changed to First National City Bank; and
WHEREAS effective March 1, 1976, the name of First National City
Bank was changed to Citibank, N.A.; and
WHEREAS effective July 16, 1984, Manufacturers Hanover Trust Company
succeeded Citibank, N.A. as Trustee under the Indenture; and
WHEREAS effective June 19, 1992, Chemical Bank succeeded by merger
to Manufacturers Hanover Trust Company as Trustee under the Indenture; and
WHEREAS effective July 15, 1996, The Chase Manhattan Bank (National
Association) merged with and into Chemical Bank which thereafter was renamed The
Chase Manhattan Bank; and
WHEREAS effective November 11, 2001, Morgan Guaranty Trust Company
of New York merged with and into The Chase Manhattan Bank which thereafter was
renamed JPMorgan Chase Bank; and
WHEREAS the Indenture was executed and delivered for the purpose of
securing such bonds as may from time to time be issued under and in accordance
with the terms of the Indenture, the aggregate principal amount of bonds to be
secured thereby being limited to
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$5,000,000,000 at any one time outstanding (except as provided in Section 2.01
of the Indenture), and the Indenture describes and sets forth the property
conveyed thereby and is filed in the Office of the Secretary of State of the
State of Michigan and is of record in the Office of the Register of Deeds of
each county in the State of Michigan in which this Supplemental Indenture is to
be recorded; and
WHEREAS the Indenture has been supplemented and amended by various
indentures supplemental thereto, each of which is filed in the Office of the
Secretary of State of the State of Michigan and is of record in the Office of
the Register of Deeds of each county in the State of Michigan in which this
Supplemental Indenture is to be recorded; and
WHEREAS the Company and the Maine corporation entered into an
Agreement of Merger and Consolidation, dated as of February 14, 1968, which
provided for the Maine corporation to merge into the Company; and
WHEREAS the effective date of such Agreement of Merger and
Consolidation was June 6, 1968, upon which date the Maine corporation was merged
into the Company and the name of the Company was changed from "Consumers Power
Company of Michigan" to "Consumers Power Company"; and
WHEREAS the Company and the Predecessor Trustee entered into a
Sixteenth Supplemental Indenture, dated as of June 4, 1968, which provided,
among other things, for the assumption of the Indenture by the Company; and
WHEREAS said Sixteenth Supplemental Indenture became effective on
the effective date of such Agreement of Merger and Consolidation; and
WHEREAS the Company has succeeded to and has been substituted for
the Maine corporation under the Indenture with the same effect as if it had been
named therein as the mortgagor corporation; and
WHEREAS effective March 11, 1997, the name of Consumers Power
Company was changed to Consumers Energy Company; and
WHEREAS pursuant to a Trust Indenture, dated as of September 1, 2004
(the "MSF Trust Indenture") by and between the Michigan Strategic Fund, a
Michigan public body corporate and politic of the State of Michigan (the
"Issuer"), and JPMorgan Chase Bank, as trustee (together with any successor
trustee thereto, the "MSF Trust Indenture Trustee"), the Issuer has agreed to
issue and sell $30,000,000 principal amount of its Limited Obligation Refunding
Revenue Bonds (Consumers Energy Company Project) Collateralized Series 2004
(hereinafter sometimes called the "MSF Refunding Revenue Bonds"), in order to
provide funds for the refunding of certain pollution control revenue bonds
previously issued by the Issuer to finance the costs of constructing and
installing pollution control facilities at plants of the Company; and
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WHEREAS the MSF Trust Indenture provides, among other things, for
credit enhancement on the MSF Refunding Revenue Bonds; and
WHEREAS MBIA Insurance Corporation, a New York-domiciled stock
insurance company ("MBIA") has agreed to provide such credit enhancement on the
MSF Refunding Revenue Bonds through the issuance of its financial guaranty
insurance policy (the "Policy") which insures certain payments of principal of
and interest on the MSF Refunding Revenue Bonds, as specified therein; and
WHEREAS the Company has entered into a Loan Agreement, dated as of
September 1, 2004 with the Issuer (the "Loan Agreement") in connection with (i)
the issuance of the MSF Refunding Revenue Bonds, in order to refund certain
pollution control revenue bonds, and (ii) the payment of the MSF Refunding
Revenue Bonds, and pursuant to such Loan Agreement the Company has agreed to
issue a new series of bonds under the Indenture in order to secure the payment
of the MSF Refunding Revenue Bonds; and
WHEREAS for such purposes the Company desires to issue a new series
of bonds, to be designated 3 3/8% Series due June 15, 2010, each of which bonds
shall also bear the descriptive title "First Mortgage Bond" (hereinafter
provided for and hereinafter sometimes referred to as the "Series 2004 Bonds"),
the bonds of which series are to be issued as registered bonds without coupons
and are to bear interest at the rate per annum specified herein and are to
mature on June 15, 2010; and
WHEREAS each of the registered bonds without coupons of the Series
2004 Bonds and the Trustee's Authentication Certificate thereon are to be
substantially in the following form:
[FORM OF REGISTERED BOND OF THE SERIES 2004 BONDS]
[FACE]
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND, 3 3/8% SERIES DUE JUNE 15, 2010
No. $30,000,000
Notwithstanding any provisions hereof or in the Indenture, this bond
is not assignable or transferable except as may be required to effect a transfer
to any successor trustee under the Trust Indenture, dated as of September 1,
2004 between the Michigan Strategic Fund and JPMorgan Chase Bank, as trustee,
or, subject to compliance with applicable law, as may be involved in the course
of the exercise of rights and remedies consequent upon an Event of Default under
said Trust Indenture.
CONSUMERS ENERGY COMPANY, a Michigan corporation (hereinafter called
the "Company"), for value received, hereby promises to pay to JPMorgan Chase
Bank, as
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trustee, or registered assigns, the principal sum of Thirty Million Dollars on
June 15, 2010, and to pay to the registered holder hereof interest on said sum
from the latest semi-annual interest payment date to which interest has been
paid on the bonds of this series preceding the date hereof, unless the date
hereof be an interest payment date to which interest is being paid, in which
case from the date hereof, or unless the date hereof is prior to December 15,
2004, in which case from September 22, 2004 (or, if this bond is dated between
the record date for any interest payment date and such interest payment date,
then from such interest payment date, provided, however, that if the Company
shall default in payment of the interest due on such interest payment date, then
from the next preceding semi-annual interest payment date to which interest has
been paid on the bonds of this series, or if such interest payment date is
December 15, 2004, from September 22, 2004), at the rate per annum, until the
principal hereof shall have become due and payable, specified in the title of
this bond, payable on June 15 and December 15 in each year.
Under a Trust Indenture dated as of September 1, 2004 (hereinafter
sometimes referred to as the "MSF Trust Indenture"), between the Michigan
Strategic Fund (hereinafter sometimes called "MSF") and JPMorgan Chase Bank, as
trustee (hereinafter, together with any successor trustee thereto, sometimes
called the "MSF Trust Indenture Trustee"), MSF has issued Limited Obligation
Refunding Revenue Bonds (Consumers Energy Company Project) Collateralized Series
2004 (hereinafter sometimes referred to as "MSF Refunding Revenue Bonds"). This
bond was originally issued to MSF and simultaneously and irrevocably assigned by
the MSF to the MSF Trust Indenture Trustee so as to secure the payment of the
MSF Refunding Revenue Bonds. Payments of principal of, or premium, if any, or
interest on, the MSF Refunding Revenue Bonds shall constitute payments on this
bond as further provided herein and in the supplemental indenture pursuant to
which this bond has been issued.
The provisions of this bond are continued on the reverse hereof and
such continued provisions shall for all purposes have the same effect as though
fully set forth at this place.
This bond shall not be valid or become obligatory for any purpose
unless and until it shall have been authenticated by the execution by the
Trustee or its successor in trust under the Indenture of the certificate hereon.
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IN WITNESS WHEREOF, Consumers Energy Company has caused this bond to
be executed in its name by its Chairman of the Board, its President or one of
its Vice Presidents by his or her signature or a facsimile thereof, and its
corporate seal or a facsimile thereof to be affixed hereto or imprinted hereon
and attested by its Secretary or one of its Assistant Secretaries by his or her
signature or a facsimile thereof.
Dated:
CONSUMERS ENERGY COMPANY
By: _____________________________
Its: _____________________________
Attest:
__________________________
Assistant Secretary
[FORM OF TRUSTEE'S AUTHENTICATION CERTIFICATE]
TRUSTEE'S AUTHENTICATION CERTIFICATE
This is one of the bonds, of the series designated therein,
described in the within-mentioned Indenture.
JPMorgan Chase Bank, Trustee
By _________________________________
Authorized Officer
[REVERSE]
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND, 3 3/8% SERIES DUE JUNE 15, 2010
The interest payable on any June 15 and December 15 will, subject to
certain exceptions provided in the Indenture hereinafter mentioned, be paid to
the person in whose name this bond is registered at the close of business on the
record date, which shall be the first day of
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the month in which such interest payment is due (whether or not a business day).
The principal of and the premium, if any, and the interest on this bond shall be
payable at the office or agency of the Company in the City of Jackson, Michigan
designated for that purpose, in any coin or currency of the United States of
America which at the time of payment is legal tender for public and private
debts.
Upon payment of the principal of, or premium, if any, or interest
on, the MSF Refunding Revenue Bonds, whether at maturity or prior to maturity by
redemption or otherwise or upon provision for the payment thereof having been
made in accordance with Article I or VI of the MSF Trust Indenture, the
principal of, and premium, if any, on the Series 2004 Bonds and the interest
thereon then due shall, to the extent of such payment of principal, premium or
interest, be deemed fully paid and the obligation of the Company thereunder to
make such payment shall forthwith cease and be discharged and, in the case of
the payment of principal and premium, if any, such Series 2004 Bonds shall be
surrendered for cancellation or presented for appropriate notation to the
Trustee. The Trustee may at any time and all times conclusively assume that the
obligation of the Company to make payments with respect to the principal of and
premium, if any, and interest on the Series 2004 Bonds, so far as such payments
at the time have become due, has been fully satisfied and discharged pursuant to
the foregoing sentence unless and until the Trustee shall have received a
written notice from the MSF Trust Indenture Trustee signed by one of its
officers stating (i) that timely payment of principal of, or premium or interest
on, the MSF Refunding Revenue Bonds has not been made, (ii) that the Company is
in arrears as to the payments required to be made by it to the MSF Trust
Indenture Trustee pursuant to the Loan Agreement after giving effect to any
available moneys in the Bond Fund provided by the MSF Trust Indenture, and (iii)
the amount of the arrearage.
This bond is one of the bonds issued and to be issued from time to
time under and in accordance with and all secured by an Indenture dated as of
September 1, 1945, given by the Company (or its predecessor of the same name, a
Maine corporation) to City Bank Farmers Trust Company (JPMorgan Chase Bank,
successor) (hereinafter sometimes referred to as the "Trustee"), and indentures
supplemental thereto, heretofore or hereafter executed, to which indenture and
indentures supplemental thereto (hereinafter referred to collectively as the
"Indenture") reference is hereby made for a description of the property
mortgaged and pledged, the nature and extent of the security and the rights,
duties and immunities thereunder of the Trustee and the rights of the holders of
said bonds and of the Trustee and of the Company in respect of such security,
and the limitations on such rights. By the terms of the Indenture, the bonds to
be secured thereby are issuable in series which may vary as to date, amount,
date of maturity, rate of interest and in other respects as provided in the
Indenture.
The Indenture contains provisions permitting the Company and the
Trustee, with the consent of the holders of not less than seventy-five per
centum in principal amount of the bonds (exclusive of bonds disqualified by
reason of the Company's interest therein) at the time outstanding, including, if
more than one series of bonds shall be at the time outstanding, not less than
sixty per centum in principal amount of each series affected, to effect, by an
indenture supplemental to the Indenture, modifications or alterations of the
Indenture and of the rights and obligations of the Company and the rights of the
holders of the bonds and coupons; provided, however, that no such modification
or alteration shall be made without the written approval or
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consent of the holder hereof which will (a) extend the maturity of this bond or
reduce the rate or extend the time of payment of interest hereon or reduce the
amount of the principal hereof, or (b) permit the creation of any lien, not
otherwise permitted, prior to or on a parity with the lien of the Indenture, or
(c) reduce the percentage of the principal amount of the bonds the holders of
which are required to approve any such supplemental indenture.
This bond is not redeemable by the operation of the improvement fund
or the maintenance and replacement provisions of the Indenture or by the use of
proceeds of released property.
This bond is redeemable on the respective dates and in the
respective principal amounts which correspond to the redemption dates for, and
the principal amounts to be redeemed of, the MSF Refunding Revenue Bonds,
including provision for redemption upon demand of the MSF Trust Indenture
Trustee following the occurrence of an Event of Default under the MSF Trust
Indenture and the acceleration of the MSF Refunding Revenue Bonds.
This bond shall not be assignable or transferable except as may be
required to effect a transfer to any successor trustee under the MSF Trust
Indenture, or, subject to compliance with applicable law, as may be involved in
the course of the exercise of rights and remedies consequent upon an Event of
Default under the MSF Trust Indenture. Any such transfer shall be effected at
the Investor Services Department of the Company, as transfer agent (hereinafter
referred to as "corporate trust office"). This bond shall be exchangeable for
other registered bonds of the same series, in the manner and upon the conditions
prescribed in the Indenture, upon the surrender of such bonds at said corporate
trust office of the transfer agent. However, notwithstanding the provisions of
Section 2.05 of the Indenture, no charge shall be made upon any registration of
transfer or exchange of bonds of said series other than for any tax or taxes or
other governmental charge required to be paid by the Company.
No recourse shall be had for the payment of the principal of or
premium, if any, or interest on this bond, or for any claim based hereon, or
otherwise in respect hereof or of the Indenture, to or against any incorporator,
stockholder, director or officer, past, present or future, as such, of the
Company, or of any predecessor or successor company, either directly or through
the Company, or such predecessor or successor company, or otherwise, under any
constitution or statute or rule of law, or by the enforcement of any assessment
or penalty, or otherwise, all such liability of incorporators, stockholders,
directors and officers, as such, being waived and released by the holder and
owner hereof by the acceptance of this bond and being likewise waived and
released by the terms of the Indenture.
[End of Form of Registered Bond of the Series 2004 Bonds.]
AND WHEREAS all acts and things necessary to make the Series 2004
Bonds, when duly executed by the Company and authenticated by the Trustee or its
agent and issued as prescribed in the Indenture, as heretofore supplemented and
amended, and this Supplemental Indenture provided, the valid, binding and legal
obligations of the Company, and to constitute the Indenture, as supplemented and
amended as aforesaid, as well as by this Supplemental
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Indenture, a valid, binding and legal instrument for the security thereof, have
been done and performed, and the creation, execution and delivery of this
Supplemental Indenture and the creation, execution and issuance of bonds subject
to the terms hereof and of the Indenture, as so supplemented and amended, have
in all respects been duly authorized;
NOW, THEREFORE, in consideration of the premises, of the acceptance
and purchase by the holders thereof of the bonds issued and to be issued under
the Indenture, as supplemented and amended as above set forth, and of the sum of
One Dollar duly paid by the Trustee to the Company, and of other good and
valuable considerations, the receipt whereof is hereby acknowledged, and for the
purpose of securing the due and punctual payment of the principal of and
premium, if any, and interest on all bonds now outstanding under the Indenture
and the $30,000,000 principal amount of Series 2004 Bonds proposed to be issued
initially and all other bonds which shall be issued under the Indenture, as
supplemented and amended from time to time, and for the purpose of securing the
faithful performance and observance of all covenants and conditions therein, and
in any indenture supplemental thereto, set forth, the Company has given,
granted, bargained, sold, released, transferred, assigned, hypothecated,
pledged, mortgaged, confirmed, set over, warranted, alienated and conveyed and
by these presents does give, grant, bargain, sell, release, transfer, assign,
hypothecate, pledge, mortgage, confirm, set over, warrant, alienate and convey
unto JPMorgan Chase Bank, as Trustee, as provided in the Indenture, and its
successor or successors in the trust thereby and hereby created and to its or
their assigns forever, all the right, title and interest of the Company in and
to all the property, described in Section 11 hereof, together (subject to the
provisions of Article X of the Indenture) with the tolls, rents, revenues,
issues, earnings, income, products and profits thereof, excepting, however, the
property, interests and rights specifically excepted from the lien of the
Indenture as set forth in the Indenture.
TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances belonging or in any wise appertaining to the premises, property,
franchises and rights, or any thereof, referred to in the foregoing granting
clause, with the reversion and reversions, remainder and remainders and (subject
to the provisions of Article X of the Indenture) the tolls, rents, revenues,
issues, earnings, income, products and profits thereof, and all the estate,
right, title and interest and claim whatsoever, at law as well as in equity,
which the Company now has or may hereafter acquire in and to the aforesaid
premises, property, franchises and rights and every part and parcel thereof.
SUBJECT, HOWEVER, with respect to such premises, property,
franchises and rights, to excepted encumbrances as said term is defined in
Section 1.02 of the Indenture, and subject also to all defects and limitations
of title and to all encumbrances existing at the time of acquisition.
TO HAVE AND TO HOLD all said premises, property, franchises and
rights hereby conveyed, assigned, pledged or mortgaged, or intended so to be,
unto the Trustee, its successor or successors in trust and their assigns
forever;
BUT IN TRUST, NEVERTHELESS, with power of sale for the equal and
proportionate benefit and security of the holders of all bonds now or hereafter
authenticated and
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delivered under and secured by the Indenture and interest coupons appurtenant
thereto, pursuant to the provisions of the Indenture and of any supplemental
indenture, and for the enforcement of the payment of said bonds and coupons when
payable and the performance of and compliance with the covenants and conditions
of the Indenture and of any supplemental indenture, without any preference,
distinction or priority as to lien or otherwise of any bond or bonds over others
by reason of the difference in time of the actual authentication, delivery,
issue, sale or negotiation thereof or for any other reason whatsoever, except as
otherwise expressly provided in the Indenture; and so that each and every bond
now or hereafter authenticated and delivered thereunder shall have the same
lien, and so that the principal of and premium, if any, and interest on every
such bond shall, subject to the terms thereof, be equally and proportionately
secured, as if it had been made, executed, authenticated, delivered, sold and
negotiated simultaneously with the execution and delivery thereof.
AND IT IS EXPRESSLY DECLARED by the Company that all bonds
authenticated and delivered under and secured by the Indenture, as supplemented
and amended as above set forth, are to be issued, authenticated and delivered,
and all said premises, property, franchises and rights hereby and by the
Indenture and indentures supplemental thereto conveyed, assigned, pledged or
mortgaged, or intended so to be, are to be dealt with and disposed of under,
upon and subject to the terms, conditions, stipulations, covenants, agreements,
trusts, uses and purposes expressed in the Indenture, as supplemented and
amended as above set forth, and the parties hereto mutually agree as follows:
SECTION 1. There is hereby created one series of bonds designated as
hereinabove provided, which shall also bear the descriptive title "First
Mortgage Bond", and the form thereof shall be substantially as hereinbefore set
forth. Series 2004 Bonds shall be issued in the aggregate principal amount of
$30,000,000, shall mature on June 15, 2010 and shall be issued only as
registered bonds without coupons in denominations of $5,000 and any multiple
thereof. The serial numbers of the Series 2004 Bonds shall be such as may be
approved by any officer of the Company, the execution thereof by any such
officer either manually or by facsimile signature to be conclusive evidence of
such approval. Series 2004 Bonds shall bear interest at the rate per annum,
until the principal thereof shall have become due and payable, specified in the
title thereof, payable semi-annually on June 15 and December 15 in each year.
The principal of and the premium, if any, and the interest on said bonds shall
be payable in any coin or currency of the United States of America which at the
time of payment is legal tender for public and private debts, at the office or
agency of the Company in the City of Jackson, Michigan designated for that
purpose.
Upon payment of the principal of, and premium, if any, or interest
on the MSF Refunding Revenue Bonds, whether at maturity or prior to maturity by
redemption or otherwise, or upon provision for payment thereof having been made
in accordance with Article I or IV of the MSF Trust Indenture, the principal of,
and premium, if any, on the Series 2004 Bonds and the interest thereon then due
shall, to the extent of such payment of principal, premium or interest, be
deemed fully paid and the obligation of the Company thereunder to make such
payment shall forthwith cease and be discharged, and, in the case of such
payment of principal and premium, if any, such Series 2004 Bonds shall be
surrendered for cancellation or presented for appropriate notation to the
Trustee. The Trustee may at any time and all times conclusively
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assume that the obligation of the Company to make payments with respect to the
principal of and premium, if any, and interest on the Series 2004 Bonds, so far
as such payments at the time have become due, has been fully satisfied and
discharged pursuant to the foregoing sentence unless and until the Trustee shall
have received a written notice from the MSF Trust Indenture Trustee signed by
one of its officers stating (i) that timely payment of principal of, or premium
or interest on, the MSF Refunding Revenue Bonds has not been made, (ii) that the
Company is in arrears as to the payments required to be made by it to the MSF
Trust Indenture Trustee pursuant to the Loan Agreement after giving effect to
any available moneys in the Bond Fund provided by the MSF Trust Indenture, and
(iii) the amount of the arrearage.
Each Series 2004 Bond is to be irrevocably assigned to, and
registered in the name of the MSF Trust Indenture Trustee , to secure payment of
the MSF Refunding Revenue Bonds , the proceeds of which have been provided for
the refunding of certain pollution control revenue bonds which the Company has
agreed to refund pursuant to the provisions of the Loan Agreement.
Series 2004 Bonds shall not be assignable or transferable except as
may be required to effect a transfer to any successor trustee under the MSF
Trust Indenture, or, subject to compliance with applicable law, as may be
involved in the course of the exercise of rights and remedies consequent upon an
Event of Default under the MSF Trust Indenture. Any such transfer shall be
transferred at the Investor Services Department of the Company, as transfer
agent (hereinafter and in the Series 2004 Bonds referred to as "corporate trust
office"). Series 2004 Bonds shall be exchangeable for other registered bonds of
the same series, in the manner and upon the conditions prescribed in the
Indenture, upon the surrender of such bonds at said corporate trust office of
the transfer agent. However, notwithstanding the provisions of Section 2.05 of
the Indenture, no charge shall be made upon any registration of transfer or
exchange of bonds of said series other than for any tax or taxes or other
governmental charge required to be paid by the Company.
SECTION 2. Series 2004 Bonds shall be redeemed on the respective
dates and in the respective principal amounts which correspond to the redemption
dates for, and the principal amounts to be redeemed of, the MSF Refunding
Revenue Bonds.
In the event the Company elects or is required to redeem any MSF
Refunding Revenue Bonds prior to maturity in accordance with the provisions of
the MSF Trust Indenture, the Company may on the same date redeem the Series 2004
Bonds in principal amounts and at prices corresponding to the MSF Refunding
Revenue Bonds so redeemed. The Company agrees to give the Trustee notice of any
such redemption of the Series 2004 Bonds on the same date as it gives notice of
the redemption of the MSF Refunding Revenue Bonds to the MSF Trust Indenture
Trustee.
Series 2004 Bonds are not redeemable by the operation of the
improvement fund or the maintenance and replacement provisions of the Indenture
or by the use of proceeds of released property.
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SECTION 3. In the event of an Event of Default under the MSF Trust
Indenture and the acceleration of all MSF Refunding Revenue Bonds, the Series
2004 Bonds shall be redeemable in whole upon receipt by the Trustee of a written
demand (hereinafter called a "Redemption Demand") from the MSF Trust Indenture
Trustee stating that there has occurred under the MSF Trust Indenture both an
Event of Default and a declaration of acceleration of payment of principal,
accrued interest and premium, if any, on the MSF Refunding Revenue Bonds,
specifying the last date to which interest on the MSF Refunding Revenue Bonds
has been paid (such date being hereinafter referred to as the "Initial Interest
Accrual Date") and demanding redemption of the Series 2004 Bonds. The Trustee
shall, within five days after receiving such Redemption Demand, mail a copy
thereof to the Company marked to indicate the date of its receipt by the
Trustee. Promptly upon receipt by the Company of such copy of a Redemption
Demand, the Company shall fix a date on which it will redeem the Series 2004
Bonds so demanded to be redeemed (hereinafter called the "Demand Redemption
Date"). Notice of the date fixed as the Demand Redemption Date shall be mailed
by the Company to the Trustee at least ten days prior to such Demand Redemption
Date. The date to be fixed by the Company as and for the Demand Redemption Date
may be any date up to and including the earlier of (x) the 60th day after
receipt by the Trustee of the Redemption Demand or (y) the maturity date of the
Series 2004 Bonds; provided, however, that if the Trustee shall not have
received such notice fixing the Demand Redemption Date on or before the 10th day
preceding the earlier of such dates, the Demand Redemption Date shall be deemed
to be the earlier of such dates. The Trustee shall mail notice of the Demand
Redemption Date (such notice being hereinafter called the "Demand Redemption
Notice") to the MSF Trust Indenture Trustee not more than ten nor less than five
days prior to the Demand Redemption Date.
Each of the Series 2004 Bonds shall be redeemed by the Company on
the Demand Redemption Date therefor upon surrender thereof by the MSF Trust
Indenture Trustee to the Trustee at a redemption price equal to the principal
amount thereof plus accrued interest thereon at the rate specified for such bond
from the Initial Interest Accrual Date to the Demand Redemption Date plus an
amount equal to the aggregate premium, if any, due and payable on such Demand
Redemption Date on all MSF Refunding Revenue Bonds; provided, however, that in
the event of a receipt by the Trustee of a notice that, pursuant to Section 604
of the MSF Trust Indenture, the MSF Trust Indenture Trustee has terminated
proceedings to enforce any right under the MSF Trust Indenture, then any
Redemption Demand shall thereby be rescinded by the MSF Trust Indenture Trustee,
and no Demand Redemption Notice shall be given, or, if already given, shall be
automatically annulled; but no such rescission or annulment shall extend to or
affect any subsequent default or impair any right consequent thereon.
SECTION 4. The Company reserves the right, without any consent, vote
or other action by the holder of the Series 2004 Bonds or of any subsequent
series of bonds issued under the Indenture, to make such amendments to the
Indenture, as supplemented, as shall be necessary in order to amend Section
17.02 to read as follows:
SECTION 17.02. With the consent of the holders of not less than a
majority in principal amount of the bonds at the time outstanding or their
attorneys-in-fact duly authorized, or, if fewer than all series are
affected, not less than a majority in principal amount of the bonds at the
time outstanding of each series the rights of the holders of which are
affected,
11
voting together, the Company, when authorized by a resolution, and the
Trustee may from time to time and at any time enter into an indenture or
indentures supplemental hereto for the purpose of adding any provisions to
or changing in any manner or eliminating any of the provisions of this
Indenture or of any supplemental indenture or modifying the rights and
obligations of the Company and the rights of the holders of any of the
bonds and coupons; provided, however, that no such supplemental indenture
shall (1) extend the maturity of any of the bonds or reduce the rate or
extend the time of payment of interest thereon, or reduce the amount of
the principal thereof, or reduce any premium payable on the redemption
thereof, without the consent of the holder of each bond so affected, or
(2) permit the creation of any lien, not otherwise permitted, prior to or
on a parity with the lien of this Indenture, without the consent of the
holders of all the bonds then outstanding, or (3) reduce the aforesaid
percentage of the principal amount of bonds the holders of which are
required to approve any such supplemental indenture, without the consent
of the holders of all the bonds then outstanding. For the purposes of this
Section, bonds shall be deemed to be affected by a supplemental indenture
if such supplemental indenture adversely affects or diminishes the rights
of holders thereof against the Company or against its property. The
Trustee may in its discretion determine whether or not, in accordance with
the foregoing, bonds of any particular series would be affected by any
supplemental indenture and any such determination shall be conclusive upon
the holders of bonds of such series and all other series. Subject to the
provisions of Sections 16.02 and 16.03 hereof, the Trustee shall not be
liable for any determination made in good faith in connection herewith.
Upon the written request of the Company, accompanied by a resolution
authorizing the execution of any such supplemental indenture, and upon the
filing with the Trustee of evidence of the consent of bondholders as
aforesaid (the instrument or instruments evidencing such consent to be
dated within one year of such request), the Trustee shall join with the
Company in the execution of such supplemental indenture unless such
supplemental indenture affects the Trustee's own rights, duties or
immunities under this Indenture or otherwise, in which case the Trustee
may in its discretion but shall not be obligated to enter into such
supplemental indenture.
It shall not be necessary for the consent of the bondholders under
this Section to approve the particular form of any proposed supplemental
indenture, but it shall be sufficient if such consent shall approve the
substance thereof.
The Company and the Trustee, if they so elect, and either before or
after such consent has been obtained, may require the holder of any bond
consenting to the execution of any such supplemental indenture to submit
his bond to the Trustee or to ask such bank, banker or trust company as
12
may be designated by the Trustee for the purpose, for the notation thereon
of the fact that the holder of such bond has consented to the execution of
such supplemental indenture, and in such case such notation, in form
satisfactory to the Trustee, shall be made upon all bonds so submitted,
and such bonds bearing such notation shall forthwith be returned to the
persons entitled thereto.
Prior to the execution by the Company and the Trustee of any
supplemental indenture pursuant to the provisions of this Section, the
Company shall publish a notice, setting forth in general terms the
substance of such supplemental indenture, at least once in one daily
newspaper of general circulation in each city in which the principal of
any of the bonds shall be payable, or, if all bonds outstanding shall be
registered bonds without coupons or coupon bonds registered as to
principal, such notice shall be sufficiently given if mailed, first class,
postage prepaid, and registered if the Company so elects, to each
registered holder of bonds at the last address of such holder appearing on
the registry books, such publication or mailing, as the case may be, to be
made not less than thirty days prior to such execution. Any failure of the
Company to give such notice, or any defect therein, shall not, however, in
any way impair or affect the validity of any such supplemental indenture.
SECTION 5. As supplemented and amended as above set forth, the
Indenture is in all respects ratified and confirmed, and the Indenture and all
indentures supplemental thereto shall be read, taken and construed as one and
the same instrument.
SECTION 6. Nothing contained in this Supplemental Indenture shall,
or shall be construed to, confer upon any person other than a holder of bonds
issued under the Indenture, as supplemented and amended as above set forth, the
Company, the Trustee and the MSF Trust Indenture Trustee, for the benefit of the
holder or holders of the MSF Refunding Revenue Bonds, any right or interest to
avail himself of any benefit under any provision of the Indenture, as so
supplemented and amended.
SECTION 7. The Trustee assumes no responsibility for or in respect
of the validity or sufficiency of this Supplemental Indenture or of the
Indenture as hereby supplemented or the due execution hereof by the Company or
for or in respect of the recitals and statements contained herein (other than
those contained in the sixth, seventh and eighth recital hereof), all of which
recitals and statements are made solely by the Company.
SECTION 8. This Supplemental Indenture may be simultaneously
executed in several counterparts and all such counterparts executed and
delivered, each as an original, shall constitute but one and the same
instrument.
SECTION 9. In the event the date of any notice required or permitted
hereunder shall not be a Business Day, then (notwithstanding any other provision
of the Indenture or of any supplemental indenture thereto) such notice need not
be made on such date, but may be made on the next succeeding Business Day with
the same force and effect as if made on the date fixed for
13
such notice. "Business Day" means, with respect to this Section 9, any day,
other than a Saturday or Sunday, on which banks generally are open in Chicago,
Illinois and New York, New York for the conduct of substantially all of their
commercial lending activities and on which interbank wire transfers can be made
on the Fedwire system.
SECTION 10. This Supplemental Indenture and the Series 2004 Bonds
shall be governed by and deemed to be a contract under, and construed in
accordance with, the laws of the State of Michigan, and for all purposes shall
be construed in accordance with the laws of such state, except as may otherwise
be required by mandatory provisions of law.
SECTION 11. Detailed Description of Property Mortgaged:
I.
ELECTRIC GENERATING PLANTS AND DAMS.
All the electric generating plants and stations of the Company,
constructed or otherwise acquired by it and not heretofore described in the
Indenture or any supplement thereto and not heretofore released from the lien of
the Indenture, including all power houses, buildings, reservoirs, dams, pipe
lines, flumes, structures and works, and the land on which the same are
situated, and all water rights, and all other lands and easements, rights of
way, permits, privileges, towers, poles, wires, machinery, equipment,
appliances, appurtenances and supplies, and all other property, real or
personal, forming a part of or appertaining to or used, occupied or enjoyed in
connection with such plants and stations or any of them, or adjacent thereto.
II.
ELECTRIC TRANSMISSION LINES.
All the electric transmission lines of the Company,
constructed or otherwise acquired by it and not heretofore described in the
Indenture or any supplement thereto and not heretofore released from the lien of
the Indenture, including towers, poles, pole lines, wires, switches, switch
racks, switchboards, insulators and other appliances and equipment, and all
other property, real or personal, forming a part of or appertaining to or used,
occupied or enjoyed in connection with such transmission lines or any of them or
adjacent thereto; together with all real property, rights of way, easements,
permits, privileges, franchises, grants and rights for or relating to the
construction, maintenance or operation thereof, through, over, under or upon any
private property or any public streets or highways, within as well as without
the corporate limits of any municipal corporation. Also all the real property,
rights of way, easements, permits, privileges and rights for, or relating to,
the construction, maintenance or operation of transmission lines, the land and
rights for which are owned by the Company, which are either not built or are now
being constructed.
14
III.
ELECTRIC DISTRIBUTION SYSTEMS.
All the electric distribution systems of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or any
supplement thereto and not heretofore released from the lien of the Indenture,
including substations, transformers, switchboards, towers, poles, wires,
insulators, subways, trenches, conduits, manholes, cables, meters and other
appliances and equipment, and all other property, real or personal, forming a
part of or appertaining to or used, occupied or enjoyed in connection with such
distribution systems or any of them or adjacent thereto; together with all real
property, rights of way, easements, permits, privileges, franchises, grants and
rights, for or relating to the construction, maintenance or operation thereof,
through, over, under or upon any private property or any public streets or
highways within as well as without the corporate limits of any municipal
corporation.
IV.
ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND SITES.
All the substations, switching stations and sites of the Company,
constructed or otherwise acquired by it and not heretofore described in the
Indenture or any supplement thereto and not heretofore released from the lien of
the Indenture, for transforming, regulating, converting or distributing or
otherwise controlling electric current at any of its plants and elsewhere,
together with all buildings, transformers, wires, insulators and other
appliances and equipment, and all other property, real or personal, forming a
part of or appertaining to or used, occupied or enjoyed in connection with any
of such substations and switching stations, or adjacent thereto, with sites to
be used for such purposes.
V.
GAS HOLDER STATIONS, GAS COMPRESSOR STATIONS,
GAS PROCESSING PLANTS, DESULPHURIZATION STATIONS,
METERING STATIONS, ODORIZING STATIONS, REGULATORS
AND SITES.
All the holder stations, compressor stations, processing plants,
desulphurization stations, metering stations, odorizing stations, regulators and
sites of the Company, constructed or otherwise acquired by it and not heretofore
described in the Indenture or any supplement thereto and not heretofore released
from the lien of the Indenture, for holding, compressing, processing,
desulphurizing, metering, odorizing and regulating manufactured or natural gas
at any of its plants and elsewhere, together with all buildings, holders, meters
and other appliances and equipment, and all other property, real or personal,
forming a part of or appertaining to or used, occupied or enjoyed in connection
with any of such stations or regulators or adjacent thereto, with sites to be
used for such purposes.
15
VI.
GAS STORAGE FIELDS.
The natural gas rights and interests of the Company, including wells
and well lines (but not including natural gas, oil and minerals), the gas
gathering system, the underground gas storage rights, the underground gas
storage wells and injection and withdrawal system used in connection therewith,
constructed or otherwise acquired by it and not heretofore described in the
Indenture or any supplement thereto and not heretofore released from the lien of
the Indenture: In the Overisel Gas Storage Field, located in the Township of
Overisel, Allegan County, and in the Township of Zeeland, Ottawa County,
Michigan; and in the Northville Gas Storage Field, located in the Township of
Salem, Washtenaw County, Township of Lyon, Oakland County, and the Townships of
Northville and Plymouth and City of Plymouth, Wayne County, Michigan; and in the
Salem Gas Storage Field, located in the Township of Salem, Allegan County, and
in the Township of Jamestown, Ottawa County, Michigan; and in the Ray Gas
Storage Field, located in the Townships of Ray and Armada, Macomb County,
Michigan; and in the Lenox Gas Storage Field, located in the Townships of Lenox
and Chesterfield, Macomb County, Michigan; and in the Ira Gas Storage Field,
located in the Township of Ira, St. Clair County, Michigan; and in the Puttygut
Gas Storage Field, located in the Township of Casco, St. Clair County, Michigan;
and in the Four Corners Gas Storage Field, located in the Townships of Casco,
China, Cottrellville and Ira, St. Clair County, Michigan; and in the Swan Creek
Gas Storage Field, located in the Townships of Casco and Ira, St. Clair County,
Michigan; and in the Hessen Gas Storage Field, located in the Townships of Casco
and Columbus, St. Clair County, Michigan.
VII.
GAS TRANSMISSION LINES.
All the gas transmission lines of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or any
supplement thereto and not heretofore released from the lien of the Indenture,
including gas mains, pipes, pipe lines, gates, valves, meters and other
appliances and equipment, and all other property, real or personal, forming a
part of or appertaining to or used, occupied or enjoyed in connection with such
transmission lines or any of them or adjacent thereto; together with all real
property, rights of way, easements, permits, privileges, franchises and rights
for or relating to the construction, maintenance or operation thereof, through,
over, under or upon any private property or any public streets or highways,
within as well as without the corporate limits of any municipal corporation.
VIII.
GAS DISTRIBUTION SYSTEMS.
All the gas distribution systems of the Company, constructed or
otherwise acquired by it and not heretofore described in the Indenture or any
supplement thereto and not heretofore released from the lien of the Indenture,
including tunnels, conduits, gas mains and pipes, service pipes, fittings,
gates, valves, connections, meters and other appliances and equipment, and all
16
other property, real or personal, forming a part of or appertaining to or used,
occupied or enjoyed in connection with such distribution systems or any of them
or adjacent thereto; together with all real property, rights of way, easements,
permits, privileges, franchises, grants and rights, for or relating to the
construction, maintenance or operation thereof, through, over, under or upon any
private property or any public streets or highways within as well as without the
corporate limits of any municipal corporation.
IX.
OFFICE BUILDINGS, SERVICE BUILDINGS, GARAGES, ETC.
All office, garage, service and other buildings of the Company,
wherever located, in the State of Michigan, constructed or otherwise acquired by
it and not heretofore described in the Indenture or any supplement thereto and
not heretofore released from the lien of the Indenture, together with the land
on which the same are situated, and all easements, rights of way and
appurtenances to said lands, together with all furniture and fixtures located in
said buildings.
X.
TELEPHONE PROPERTIES AND RADIO COMMUNICATION EQUIPMENT.
All telephone lines, switchboards, systems and equipment of the
Company, constructed or otherwise acquired by it and not heretofore described in
the Indenture or any supplement thereto and not heretofore released from the
lien of the Indenture, used or available for use In the operation of its
properties, and all other property, real or personal, forming a part of or
appertaining to or used, occupied or enjoyed in connection with such telephone
properties or any of them or adjacent thereto; together with all real estate,
rights of way, easements, permits, privileges, franchises, property, devices or
rights related to the dispatch, transmission, reception or reproduction of
messages, communication, intelligence, signals, light, vision or sound by
electricity, wire or otherwise, including all telephone equipment installed in
buildings used as general, divisional and regional offices, substations and
generating stations and all telephone lines erected on towers and poles; and all
ratio communication equipment of the Company, together with all property, real
or personal (except any in the Indenture expressly excepted), fixed stations,
towers, auxiliary radio buildings and equipment, and all appurtenances used in
connection therewith, wherever located, in the State of Michigan.
XI.
OTHER REAL PROPERTY.
All other real property of the Company and all interests therein, of
every nature and description (except any in the Indenture expressly excepted)
wherever located, in the State of Michigan, acquired by it and not heretofore
described in the Indenture or any supplement thereto and not heretofore released
from the lien of the Indenture. Such real property includes but is not limited
to the following described property, such property is subject to any interests
that were excepted or reserved in the conveyance to the Company:
17
ALCONA COUNTY
Certain land in Caledonia Township, Alcona County, Michigan described as:
The East 330 feet of the South 660 feet of the SW 1/4 of the SW 1/4
of Section 8, T28N, R8E, except the West 264 feet of the South 330 feet
thereof; said land being more particularly described as follows: To find
the place of beginning of this description, commence at the Southwest
corner of said section, run thence East along the South line of said
section 1243 feet to the place of beginning of this description, thence
continuing East along said South line of said section 66 feet to the West
1/8 line of said section, thence N 02 degrees 09' 30" E along the said
West 1/8 line of said section 660 feet, thence West 330 feet, thence S 02
degrees 09' 30" W, 330 feet, thence East 264 feet, thence S 02 degrees 09'
30" W, 330 feet to the place of beginning.
ALLEGAN COUNTY
Certain land in Lee Township, Allegan County, Michigan described as:
The NE 1/4 of the NW 1/4 of Section 16, T1N, R15W.
ALPENA COUNTY
Certain land in Wilson and Green Townships, Alpena County, Michigan
described as:
All that part of the S'ly 1/2 of the former Boyne City-Gaylord and
Alpena Railroad right of way, being the Southerly 50 feet of a 100 foot
strip of land formerly occupied by said Railroad, running from the East
line of Section 31, T31N, R7E, Southwesterly across said Section 31 and
Sections 5 and 6 of T30N, R7E and Sections 10, 11 and the E 1/2 of Section
9, except the West 1646 feet thereof, all in T30N, R6E.
ANTRIM COUNTY
Certain land in Mancelona Township, Antrim County, Michigan described as:
The S 1/2 of the NE 1/4 of Section 33, T29N, R6W, excepting
therefrom all mineral, coal, oil and gas and such other rights as were
reserved unto the State of Michigan in that certain deed running from the
State of Michigan to August W. Schack and Emma H. Schack, his wife, dated
April 15, 1946 and recorded May 20, 1946 in Liber 97 of Deeds on page 682
of Antrim County Records.
18
ARENAC COUNTY
Certain land in Standish Township, Arenac County, Michigan described as:
A parcel of land in the SW 1/4 of the NW 1/4 of Section 12, T18N,
R4E, described as follows: To find the place of beginning of said parcel
of land, commence at the Northwest corner of Section 12, T18N, R4E; run
thence South along the West line of said section, said West line of said
section being also the center line of East City Limits Road 2642.15 feet
to the W 1/4 post of said section and the place of beginning of said
parcel of land; running thence N 88 degrees 26' 00" E along the East and
West 1/4 line of said section, 660.0 feet; thence North parallel with the
West line of said section, 310.0 feet; thence S 88 degrees 26' 00" W,
330.0 feet; thence South parallel with the West line of said section,
260.0 feet; thence S 88 degrees 26' 00" W, 330.0 feet to the West line of
said section and the center line of East City Limits Road; thence South
along the said West line of said section, 50.0 feet to the place of
beginning.
BARRY COUNTY
Certain land in Johnstown Township, Barry County, Michigan described as:
A strip of land 311 feet in width across the SW 1/4 of the NE 1/4 of
Section 31, T1N, R8W, described as follows: To find the place of beginning
of this description, commence at the E -1/4 post of said section; run
thence N 00 degrees 55' 00" E along the East line of said section, 555.84
feet; thence N 59 degrees 36' 20" W, 1375.64 feet; thence N 88 degrees 30'
00" W, 130 feet to a point on the East 1/8 line of said section and the
place of beginning of this description; thence continuing N 88 degrees 30'
00" W, 1327.46 feet to the North and South 1/4 line of said section;
thence S 00 degrees 39'35" W along said North and South 1/4 line of said
section, 311.03 feet to a point, which said point is 952.72 feet distant
N'ly from the East and West 1/4 line of said section as measured along
said North and South 1/4 line of said section; thence S 88 degrees 30' 00"
E, 1326.76 feet to the East 1/8 line of said section; thence N 00 degrees
47' 20" E along said East 1/8 line of said section, 311.02 feet to the
place of beginning.
BAY COUNTY
Certain land in Frankenlust Township, Bay County, Michigan described as:
The South 250 feet of the N 1/2 of the W 1/2 of the W 1/2 of the SE
1/4 of Section 9, T13N, R4E.
19
BENZIE COUNTY
Certain land in Benzonia Township, Benzie County, Michigan described as:
A parcel of land in the Northeast 1/4 of Section 7, Township 26
North, Range 14 West, described as beginning at a point on the East line
of said Section 7, said point being 320 feet North measured along the East
line of said section from the East 1/4 post; running thence West 165 feet;
thence North parallel with the East line of said section 165 feet; thence
East 165 feet to the East line of said section; thence South 165 feet to
the place of beginning.
BRANCH COUNTY
Certain land in Girard Township, Branch County, Michigan described as:
A parcel of land in the NE 1/4 of Section 23 T5S, R6W, described as
beginning at a point on the North and South quarter line of said section
at a point 1278.27 feet distant South of the North quarter post of said
section, said distance being measured along the North and South quarter
line of said section, running thence S89 degrees21'E 250 feet, thence
North along a line parallel with the said North and South quarter line of
said section 200 feet, thence N89 degrees21'W 250 feet to the North and
South quarter line of said section, thence South along said North and
South quarter line of said section 200 feet to the place of beginning.
CALHOUN COUNTY
Certain land in Convis Township, Calhoun County, Michigan described as:
A parcel of land in the SE 1/4 of the SE 1/4 of Section 32, T1S,
R6W, described as follows: To find the place of beginning of this
description, commence at the Southeast corner of said section; run thence
North along the East line of said section 1034.32 feet to the place of
beginning of this description; running thence N 89 degrees 39' 52" W,
333.0 feet; thence North 290.0 feet to the South 1/8 line of said section;
thence S 89 degrees 39' 52" E along said South 1/8 line of said section
333.0 feet to the East line of said section; thence South along said East
line of said section 290.0 feet to the place of beginning. (Bearings are
based on the East line of Section 32, T1S, R6W, from the Southeast corner
of said section to the Northeast corner of said section assumed as North.)
20
CASS COUNTY
Certain easement rights located across land in Marcellus Township, Cass
County, Michigan described as:
The East 6 rods of the SW 1/4 of the SE 1/4 of Section 4, T5S, R13W.
CHARLEVOIX COUNTY
Certain land in South Arm Township, Charlevoix County, Michigan described
as:
A parcel of land in the SW 1/4 of Section 29, T32N, R7W, described
as follows: Beginning at the Southwest corner of said section and running
thence North along the West line of said section 788.25 feet to a point
which is 528 feet distant South of the South 1/8 line of said section as
measured along the said West line of said section; thence N 89 degrees 30'
19" E, parallel with said South 1/8 line of said section 442.1 feet;
thence South 788.15 feet to the South line of said section; thence S 89
degrees 29' 30" W, along said South line of said section 442.1 feet to the
place of beginning.
CHEBOYGAN COUNTY
Certain land in Inverness Township, Cheboygan County, Michigan described
as:
A parcel of land in the SW frl 1/4 of Section 31, T37N, R2W,
described as beginning at the Northwest corner of the SW frl 1/4, running
thence East on the East and West quarter line of said Section, 40 rods,
thence South parallel to the West line of said Section 40 rods, thence
West 40 rods to the West line of said Section, thence North 40 rods to the
place of beginning.
CLARE COUNTY
Certain land in Frost Township, Clare County, Michigan described as:
The East 150 feet of the North 225 feet of the NW 1/4 of the NW 1/4
of Section 15, T20N, R4W.
CLINTON COUNTY
Certain land in Watertown Township, Clinton County, Michigan described as:
The NE 1/4 of the NE 1/4 of the SE 1/4 of Section 22, and the North
165 feet of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section 22, T5N,
R3W.
21
CRAWFORD COUNTY
Certain land in Lovells Township, Crawford County, Michigan described as:
A parcel of land in Section 1, T28N, R1W, described as: Commencing
at NW corner said section; thence South 89 degrees 53'30" East along North
section line 105.78 feet to point of beginning; thence South 89
degrees53'30" East along North section line 649.64 feet; thence South 55
degrees 42'30" East 340.24 feet; thence South 55 degrees 44' 37" East
5,061.81 feet to the East section line; thence South 00 degrees 00' 08"
West along East section line 441.59 feet; thence North 55 degrees 44' 37"
West 5,310.48 feet; thence North 55 degrees 42'30" West 877.76 feet to
point of beginning.
EATON COUNTY
Certain land in Eaton Township, Eaton County, Michigan described as:
A parcel of land in the SW 1/4 of Section 6, T2N, R4W, described as
follows: To find the place of beginning of this description commence at
the Southwest corner of said section; run thence N 89 degrees 51' 30" E
along the South line of said section 400 feet to the place of beginning of
this description; thence continuing N 89 degrees 51' 30" E, 500 feet;
thence N 00 degrees 50' 00" W, 600 feet; thence S 89 degrees 51' 30" W
parallel with the South line of said section 500 feet; thence S 00 degrees
50' 00" E, 600 feet to the place of beginning.
EMMET COUNTY
Certain land in Wawatam Township, Emmet County, Michigan described as:
The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section
23, T39N, R4W.
GENESEE COUNTY
Certain land in Argentine Township, Genesee County, Michigan described as:
A parcel of land of part of the SW 1/4 of Section 8, T5N, R5E, being
more particularly described as follows:
Beginning at a point of the West line of Duffield Road, 100 feet
wide, (as now established) distant 829.46 feet measured N01 degrees42'56"W
and 50 feet measured S88 degrees14'04"W from the South quarter corner,
Section 8, T5N, R5E; thence S88 degrees14'04"W a distance of 550 feet;
thence N01 degrees42'56"W a distance of 500 feet to a point on the North
line of the South half of the Southwest quarter of said Section 8; thence
N88 degrees14'04"E along the North line of South half
22
of the Southwest quarter of said Section 8 a distance 550 feet to a point
on the West line of Duffield Road, 100 feet wide (as now established);
thence S01 degrees42'56"E along the West line of said Duffield Road a
distance of 500 feet to the point of beginning.
GLADWIN COUNTY
Certain land in Secord Township, Gladwin County, Michigan described as:
The East 400 feet of the South 450 feet of Section 2, T19N, R1E.
GRAND TRAVERSE COUNTY
Certain land in Mayfield Township, Grand Traverse County, Michigan
described as:
A parcel of land in the Northwest 1/4 of Section 3, T25N, R11W,
described as follows: Commencing at the Northwest corner of said section,
running thence S 89 degrees19'15" E along the North line of said section
and the center line of Clouss Road 225 feet, thence South 400 feet, thence
N 89 degrees19'15" W 225 feet to the West line of said section and the
center line of Hannah Road, thence North along the West line of said
section and the center line of Hannah Road 400 feet to the place of
beginning for this description.
GRATIOT COUNTY
Certain land in Fulton Township, Gratiot County, Michigan described as:
A parcel of land in the NE 1/4 of Section 7, Township 9 North, Range
3 West, described as beginning at a point on the North line of George
Street in the Village of Middleton, which is 542 feet East of the North
and South one-quarter (1/4) line of said Section 7; thence North 100 feet;
thence East 100 feet; thence South 100 feet to the North line of George
Street; thence West along the North line of George Street 100 feet to
place of beginning.
HILLSDALE COUNTY
Certain land in Litchfield Village, Hillsdale County, Michigan described
as:
Lot 238 of Assessors Plat of the Village of Litchfield.
HURON COUNTY
Certain easement rights located across land in Sebewaing Township, Huron
County, Michigan described as:
The North 1/2 of the Northwest 1/4 of Section 15, T15N, R9E.
23
INGHAM COUNTY
Certain land in Vevay Township, Ingham County, Michigan described as:
A parcel of land 660 feet wide in the Southwest 1/4 of Section 7
lying South of the centerline of Sitts Road as extended to the North-South
1/4 line of said Section 7, T2N, R1W, more particularly described as
follows: Commence at the Southwest corner of said Section 7, thence North
along the West line of said Section 2502.71 feet to the centerline of
Sitts Road; thence South 89 degrees54'45" East along said centerline
2282.38 feet to the place of beginning of this description; thence
continuing South 89 degrees54'45" East along said centerline and said
centerline extended 660.00 feet to the North-South 1/4 line of said
section; thence South 00 degrees07'20" West 1461.71 feet; thence North 89
degrees34'58" West 660.00 feet; thence North 00 degrees07'20" East 1457.91
feet to the centerline of Sitts Road and the place of beginning.
IONIA COUNTY
Certain land in Sebewa Township, Ionia County, Michigan described as:
A strip of land 280 feet wide across that part of the SW 1/4 of the
NE 1/4 of Section 15, T5N, R6W, described as follows:
To find the place of beginning of this description commence at the E
1/4 corner of said section; run thence N 00 degrees 05' 38" W along the
East line of said section, 1218.43 feet; thence S 67 degrees 18' 24" W,
1424.45 feet to the East 1/8 line of said section and the place of
beginning of this description; thence continuing S 67 degrees 18' 24" W,
1426.28 feet to the North and South 1/4 line of said section at a point
which said point is 105.82 feet distant N'ly of the center of said section
as measured along said North and South 1/4 line of said section; thence N
00 degrees 04' 47" E along said North and South 1/4 line of said section,
303.67 feet; thence N 67 degrees 18' 24" E, 1425.78 feet to the East 1/8
line of said section; thence S 00 degrees 00' 26" E along said East 1/8
line of said section, 303.48 feet to the place of beginning. (Bearings are
based on the East line of Section 15, T5N, R6W, from the E 1/4 corner of
said section to the Northeast corner of said section assumed as N 00
degrees 05' 38" W.)
IOSCO COUNTY
Certain land in Alabaster Township, Iosco County, Michigan described as:
A parcel of land in the NW 1/4 of Section 34, T21N, R7E, described
as follows: To find the place of beginning of this description commence at
the N 1/4 post of said section; run thence South along the North and South
1/4 line of said section, 1354.40 feet to the place of
24
beginning of this description; thence continuing South along the said
North and South 1/4 line of said section, 165.00 feet to a point on the
said North and South 1/4 line of said section which said point is 1089.00
feet distant North of the center of said section; thence West 440.00 feet;
thence North 165.00 feet; thence East 440.00 feet to the said North and
South 1/4 line of said section and the place of beginning.
ISABELLA COUNTY
Certain land in Chippewa Township, Isabella County, Michigan described as:
The North 8 rods of the NE 1/4 of the SE 1/4 of Section 29, T14N,
R3W.
JACKSON COUNTY
Certain land in Waterloo Township, Jackson County, Michigan described as:
A parcel of land in the North fractional part of the N fractional
1/2 of Section 2, T1S, R2E, described as follows: To find the place of
beginning of this description commence at the E 1/4 post of said section;
run thence N 01 degrees 03' 40" E along the East line of said section
1335.45 feet to the North 1/8 line of said section and the place of
beginning of this description; thence N 89 degrees 32' 00" W, 2677.7 feet
to the North and South 1/4 line of said section; thence S 00 degrees 59'
25" W along the North and South 1/4 line of said section 22.38 feet to the
North 1/8 line of said section; thence S 89 degrees 59' 10" W along the
North 1/8 line of said section 2339.4 feet to the center line of State
Trunkline Highway M-52; thence N 53 degrees 46' 00" W along the center
line of said State Trunkline Highway 414.22 feet to the West line of said
section; thence N 00 degrees 55' 10" E along the West line of said section
74.35 feet; thence S 89 degrees 32' 00" E, 5356.02 feet to the East line
of said section; thence S 01 degrees 03' 40" W along the East line of said
section 250 feet to the place of beginning.
KALAMAZOO COUNTY
Certain land in Alamo Township, Kalamazoo County, Michigan described as:
The South 350 feet of the NW 1/4 of the NW 1/4 of Section 16, T1S,
R12W, being more particularly described as follows: To find the place of
beginning of this description, commence at the Northwest corner of said
section; run thence S 00 degrees 36' 55" W along the West line of said
section 971.02 feet to the place of beginning of this description; thence
continuing S 00 degrees 36' 55" W along said West line of said section
350.18 feet to the North 1/8 line of said section; thence S 87 degrees 33'
40" E along the said North 1/8 line of said section 1325.1 feet to the
West 1/8 line of said section; thence N 00 degrees 38' 25" E along
25
the said West 1/8 line of said section 350.17 feet; thence N 87 degrees
33' 40" W, 1325.25 feet to the place of beginning.
KALKASKA COUNTY
Certain land in Kalkaska Township, Kalkaska County, Michigan described as:
The NW 1/4 of the SW 1/4 of Section 4, T27N, R7W, excepting
therefrom all mineral, coal, oil and gas and such other rights as were
reserved unto the State of Michigan in that certain deed running from the
Department of Conservation for the State of Michigan to George Welker and
Mary Welker, his wife, dated October 9, 1934 and recorded December 28,
1934 in Liber 39 on page 291 of Kalkaska County Records, and subject to
easement for pipeline purposes as granted to Michigan Consolidated Gas
Company by first party herein on April 4, 1963 and recorded June 21, 1963
in Liber 91 on page 631 of Kalkaska County Records.
KENT COUNTY
Certain land in Caledonia Township, Kent County, Michigan described as:
A parcel of land in the Northwest fractional 1/4 of Section 15, T5N,
R10W, described as follows: To find the place of beginning of this
description commence at the North 1/4 corner of said section, run thence S
0 degrees 59' 26" E along the North and South 1/4 line of said section
2046.25 feet to the place of beginning of this description, thence
continuing S 0 degrees 59' 26" E along said North and South 1/4 line of
said section 332.88 feet, thence S 88 degrees 58' 30" W 2510.90 feet to a
point herein designated "Point A" on the East bank of the Thornapple
River, thence continuing S 88 degrees 53' 30" W to the center thread of
the Thornapple River, thence NW'ly along the center thread of said
Thornapple River to a point which said point is S 88 degrees 58' 30" W of
a point on the East bank of the Thornapple River herein designated "Point
B", said "Point B" being N 23 degrees 41' 35" W 360.75 feet from said
above-described "Point A", thence N 88 degrees 58' 30" E to said "Point
B", thence continuing N 88 degrees 58' 30" E 2650.13 feet to the place of
beginning. (Bearings are based on the East line of Section 15, T5N, R10W
between the East 1/4 corner of said section and the Northeast corner of
said section assumed as N 0 degrees 59' 55" W.)
LAKE COUNTY
Certain land in Pinora and Cherry Valley Townships, Lake County, Michigan
described as:
A strip of land 50 feet wide East and West along and adjoining the
West line of highway on the East side of the North 1/2 of Section 13
26
T18N, R12W. Also a strip of land 100 feet wide East and West along and
adjoining the East line of the highway on the West side of following
described land: The South 1/2 of NW 1/4, and the South 1/2 of the NW 1/4
of the SW 1/4, all in Section 6, T18N, R11W.
LAPEER COUNTY
Certain land in Hadley Township, Lapeer County, Michigan described as:
The South 825 feet of the W 1/2 of the SW 1/4 of Section 24, T6N,
R9E, except the West 1064 feet thereof.
LEELANAU COUNTY
Certain land in Cleveland Township, Leelanau County, Michigan described
as:
The North 200 feet of the West 180 feet of the SW 1/4 of the SE 1/4
of Section 35, T29N, R13W.
LENAWEE COUNTY
Certain land in Madison Township, Lenawee County, Michigan described as:
A strip of land 165 feet wide off the West side of the following
described premises: The E 1/2 of the SE 1/4 of Section 12. The E 1/2 of
the NE 1/4 and the NE 1/4 of the SE 1/4 of Section 13, being all in T7S,
R3E, excepting therefrom a parcel of land in the E 1/2 of the SE 1/4 of
Section 12, T7S, R3E, beginning at the Northwest corner of said E 1/2 of
the SE 1/4 of Section 12, running thence East 4 rods, thence South 6 rods,
thence West 4 rods, thence North 6 rods to the place of beginning.
LIVINGSTON COUNTY
Certain land in Cohoctah Township, Livingston County, Michigan described
as:
Parcel 1
The East 390 feet of the East 50 rods of the SW 1/4 of Section 30,
T4N, R4E.
Parcel 2
A parcel of land in the NW 1/4 of Section 31, T4N, R4E, described as
follows: To find the place of beginning of this description commence at
the N 1/4 post of said section; run thence N 89 degrees 13' 06" W along
the North line of said section, 330 feet to the place of beginning of this
description; running thence S 00 degrees 52' 49" W, 2167.87 feet; thence N
88 degrees 59' 49" W, 60 feet; thence N 00 degrees 52' 49" E,
27
2167.66 feet to the North line of said section; thence S 89 degrees 13'
06" E along said North line of said section, 60 feet to the place of
beginning.
MACOMB COUNTY
Certain land in Macomb Township, Macomb County, Michigan described as:
A parcel of land commencing on the West line of the E 1/2 of the NW
1/4 of fractional Section 6, 20 chains South of the NW corner of said E
1/2 of the NW 1/4 of Section 6; thence South on said West line and the
East line of A. Henry Kotner's Hayes Road Subdivision #15, according to
the recorded plat thereof, as recorded in Liber 24 of Plats, on page 7,
24.36 chains to the East and West 1/4 line of said Section 6; thence East
on said East and West 1/4 line 8.93 chains; thence North parallel with the
said West line of the E 1/2 of the NW 1/4 of Section 6, 24.36 chains;
thence West 8.93 chains to the place of beginning, all in T3N, R13E.
MANISTEE COUNTY
Certain land in Manistee Township, Manistee County, Michigan described as:
A parcel of land in the SW 1/4 of Section 20, T22N, R16W, described
as follows: To find the place of beginning of this description, commence
at the Southwest corner of said section; run thence East along the South
line of said section 832.2 feet to the place of beginning of this
description; thence continuing East along said South line of said section
132 feet; thence North 198 feet; thence West 132 feet; thence South 198
feet to the place of beginning, excepting therefrom the South 2 rods
thereof which was conveyed to Manistee Township for highway purposes by a
Quitclaim Deed dated June 13, 1919 and recorded July 11, 1919 in Liber 88
of Deeds on page 638 of Manistee County Records.
MASON COUNTY
Certain land in Riverton Township, Mason County, Michigan described as:
Parcel 1
The South 10 acres of the West 20 acres of the S 1/2 of the NE 1/4
of Section 22, T17N, R17W.
Parcel 2
A parcel of land containing 4 acres of the West side of highway,
said parcel of land being described as commencing 16 rods South of the
Northwest corner of the NW 1/4 of the SW -1/4 of Section 22, T17N, R17W,
running thence South 64 rods, thence NE'ly and N'ly and NW'ly along the
W'ly line of said highway to the place of beginning, together
28
with any and all right, title, and interest of Howard C. Wicklund and
Katherine E. Wicklund in and to that portion of the hereinbefore mentioned
highway lying adjacent to the E'ly line of said above described land.
MECOSTA COUNTY
Certain land in Wheatland Township, Mecosta County, Michigan described as:
A parcel of land in the SW 1/4 of the SW 1/4 of Section 16, T14N,
R7W, described as beginning at the Southwest corner of said section;
thence East along the South line of Section 133 feet; thence North
parallel to the West section line 133 feet; thence West 133 feet to the
West line of said Section; thence South 133 feet to the place of
beginning.
MIDLAND COUNTY
Certain land in Ingersoll Township, Midland County, Michigan described as:
The West 200 feet of the W 1/2 of the NE 1/4 of Section 4, T13N,
R2E.
MISSAUKEE COUNTY
Certain land in Norwich Township, Missaukee County, Michigan described as:
A parcel of land in the NW 1/4 of the NW 1/4 of Section 16, T24N,
R6W, described as follows: Commencing at the Northwest corner of said
section, running thence N 89 degrees 01' 45" E along the North line of
said section 233.00 feet; thence South 233.00 feet; thence S 89 degrees
01' 45" W, 233.00 feet to the West line of said section; thence North
along said West line of said section 233.00 feet to the place of
beginning. (Bearings are based on the West line of Section 16, T24N, R6W,
between the Southwest and Northwest corners of said section assumed as
North.)
MONROE COUNTY
Certain land in Whiteford Township, Monroe County, Michigan described as:
A parcel of land in the SW1/4 of Section 20, T8S, R6E, described as
follows: To find the place of beginning of this description commence at
the S 1/4 post of said section; run thence West along the South line of
said section 1269.89 feet to the place of beginning of this description;
thence continuing West along said South line of said section 100 feet;
thence N 00 degrees 50' 35" E, 250 feet; thence East 100 feet; thence S 00
degrees 50' 35" W parallel with and 16.5 feet distant W'ly of as
29
measured perpendicular to the West 1/8 line of said section, as occupied,
a distance of 250 feet to the place of beginning.
MONTCALM COUNTY
Certain land in Crystal Township, Montcalm County, Michigan described as:
The N 1/2 of the S 1/2 of the SE 1/4 of Section 35, T10N, R5W.
MONTMORENCY COUNTY
Certain land in the Village of Hillman, Montmorency County, Michigan
described as:
Lot 14 of Hillman Industrial Park, being a subdivision in the South
1/2 of the Northwest 1/4 of Section 24, T31N, R4E, according to the plat
thereof recorded in Liber 4 of Plats on Pages 32-34, Montmorency County
Records.
MUSKEGON COUNTY
Certain land in Casnovia Township, Muskegon County, Michigan described as:
The West 433 feet of the North 180 feet of the South 425 feet of the
SW 1/4 of Section 3, T10N, R13W.
NEWAYGO COUNTY
Certain land in Ashland Township, Newaygo County, Michigan described as:
The West 250 feet of the NE 1/4 of Section 23, T11N, R13W.
OAKLAND COUNTY
Certain land in Wixcom City, Oakland County, Michigan described as:
The E 75 feet of the N 160 feet of the N 330 feet of the W 526.84
feet of the NW 1/4 of the NW 1/4 of Section 8, T1N, R8E, more particularly
described as follows: Commence at the NW corner of said Section 8, thence
N 87 degrees 14' 29" E along the North line of said Section 8 a distance
of 451.84 feet to the place of beginning for this description; thence
continuing N 87 degrees 14' 29" E along said North section line a distance
of 75.0 feet to the East line of the West 526.84 feet of the NW 1/4 of the
NW 1/4 of said Section 8; thence S 02 degrees 37' 09" E along said East
line a distance of 160.0 feet; thence S 87 degrees 14' 29" W a distance of
75.0 feet; thence N 02 degrees 37' 09" W a distance of 160.0 feet to the
place of beginning.
30
OCEANA COUNTY
Certain land in Crystal Township, Oceana County, Michigan described as:
The East 290 feet of the SE 1/4 of the NW 1/4 and the East 290 feet
of the NE 1/4 of the SW 1/4, all in Section 20, T16N, R16W.
OGEMAW COUNTY
Certain land in West Branch Township, Ogemaw County, Michigan described
as:
The South 660 feet of the East 660 feet of the NE 1/4 of the NE 1/4
of Section 33, T22N, R2E.
OSCEOLA COUNTY
Certain land in Hersey Township, Osceola County, Michigan described as:
A parcel of land in the North 1/2 of the Northeast 1/4 of Section
13, T17N, R9W, described as commencing at the Northeast corner of said
Section; thence West along the North Section line 999 feet to the point of
beginning of this description; thence S 01 degrees 54' 20" E 1327.12 feet
to the North 1/8 line; thence S 89 degrees 17' 05" W along the North 1/8
line 330.89 feet; thence N 01 degrees 54' 20" W 1331.26 feet to the North
Section line; thence East along the North Section line 331 feet to the
point of beginning.
OSCODA COUNTY
Certain land in Comins Township, Oscoda County, Michigan described as:
The East 400 feet of the South 580 feet of the W 1/2 of the SW 1/4
of Section 15, T27N, R3E.
OTSEGO COUNTY
Certain land in Corwith Township, Otsego County, Michigan described as:
Part of the NW 1/4 of the NE 1/4 of Section 28, T32N, R3W, described
as: Beginning at the N 1/4 corner of said section; running thence S 89
degrees 04' 06" E along the North line of said section, 330.00 feet;
thence S 00 degrees 28' 43" E, 400.00 feet; thence N 89 degrees 04' 06" W,
330.00 feet to the North and South 1/4 line of said section; thence N 00
degrees 28' 43" W along the said North and South 1/4 line of said section,
400.00 feet to the point of beginning; subject to the use of the N'ly
33.00 feet thereof for highway purposes.
31
OTTAWA COUNTY
Certain land in Robinson Township, Ottawa County, Michigan described as:
The North 660 feet of the West 660 feet of the NE 1/4 of the NW 1/4
of Section 26, T7N, R15W.
PRESQUE ISLE COUNTY
Certain land in Belknap and Pulawski Townships, Presque Isle County,
Michigan described as:
Part of the South half of the Northeast quarter, Section 24, T34N,
R5E, and part of the Northwest quarter, Section 19, T34N, R6E, more fully
described as: Commencing at the East -1/4 corner of said Section 24;
thence N 00 degrees15'47" E, 507.42 feet, along the East line of said
Section 24 to the point of beginning; thence S 88 degrees15'36" W, 400.00
feet, parallel with the North 1/8 line of said Section 24; thence N 00
degrees15'47" E, 800.00 feet, parallel with said East line of Section 24;
thence N 88 degrees15'36"E, 800.00 feet, along said North 1/8 line of
Section 24 and said line extended; thence S 00 degrees15'47" W, 800.00
feet, parallel with said East line of Section 24; thence S 88
degrees15'36" W, 400.00 feet, parallel with said North 1/8 line of Section
24 to the point of beginning.
Together with a 33 foot easement along the West 33 feet of the
Northwest quarter lying North of the North 1/8 line of Section 24, Belknap
Township, extended, in Section 19, T34N, R6E.
ROSCOMMON COUNTY
Certain land in Gerrish Township, Roscommon County, Michigan described as:
A parcel of land in the NW 1/4 of Section 19, T24N, R3W, described
as follows: To find the place of beginning of this description commence at
the Northwest corner of said section, run thence East along the North line
of said section 1,163.2 feet to the place of beginning of this description
(said point also being the place of intersection of the West 1/8 line of
said section with the North line of said section), thence S 01 degrees 01'
E along said West 1/8 line 132 feet, thence West parallel with the North
line of said section 132 feet, thence N 01 degrees 01' W parallel with
said West 1/8 line of said section 132 feet to the North line of said
section, thence East along the North line of said section 132 feet to the
place of beginning.
32
SAGINAW COUNTY
Certain land in Chapin Township, Saginaw County, Michigan described as:
A parcel of land in the SW 1/4 of Section 13, T9N, R1E, described as
follows: To find the place of beginning of this description commence at
the Southwest corner of said section; run thence North along the West line
of said section 1581.4 feet to the place of beginning of this description;
thence continuing North along said West line of said section 230 feet to
the center line of a creek; thence S 70 degrees 07' 00" E along said
center line of said creek 196.78 feet; thence South 163.13 feet; thence
West 185 feet to the West line of said section and the place of beginning.
SANILAC COUNTY
Certain easement rights located across land in Minden Township, Sanilac
County, Michigan described as:
The Southeast 1/4 of the Southeast 1/4 of Section 1, T14N, R14E,
excepting therefrom the South 83 feet of the East 83 feet thereof.
SHIAWASSEE COUNTY
Certain land in Burns Township, Shiawassee County, Michigan described as:
The South 330 feet of the E 1/2 of the NE 1/4 of Section 36, T5N,
R4E.
ST. CLAIR COUNTY
Certain land in Ira Township, St. Clair County, Michigan described as:
The N 1/2 of the NW 1/4 of the NE 1/4 of Section 6, T3N, R15E.
ST. JOSEPH COUNTY
Certain land in Mendon Township, St. Joseph County, Michigan described as:
The North 660 feet of the West 660 feet of the NW 1/4 of SW 1/4,
Section 35, T5S, R10W.
TUSCOLA COUNTY
Certain land in Millington Township, Tuscola County, Michigan described
as:
A strip of land 280 feet wide across the East 96 rods of the South
20 rods of the N 1/2 of the SE 1/4 of Section 34, T10N, R8E, more
particularly described as commencing at the Northeast corner of Section 3,
T9N, R8E, thence S 89 degrees 55' 35" W along the South line of said
33
Section 34 a distance of 329.65 feet, thence N 18 degrees 11' 50" W a
distance of 1398.67 feet to the South 1/8 line of said Section 34 and the
place of beginning for this description; thence continuing N 18 degrees
11' 50" W a distance of 349.91 feet; thence N 89 degrees 57' 01" W a
distance of 294.80 feet; thence S 18 degrees 11' 50" E a distance of
350.04 feet to the South 1/8 line of said Section 34; thence S 89 degrees
58' 29" E along the South 1/8 line of said section a distance of 294.76
feet to the place of beginning.
VAN BUREN COUNTY
Certain land in Covert Township, Van Buren County, Michigan described as:
All that part of the West 20 acres of the N 1/2 of the NE fractional
1/4 of Section 1, T2S, R17W, except the West 17 rods of the North 80 rods,
being more particularly described as follows: To find the place of
beginning of this description commence at the N 1/4 post of said section;
run thence N 89 degrees 29' 20" E along the North line of said section
280.5 feet to the place of beginning of this description; thence
continuing N 89 degrees 29' 20" E along said North line of said section
288.29 feet; thence S 00 degrees 44' 00" E, 1531.92 feet; thence S 89
degrees 33' 30" W, 568.79 feet to the North and South 1/4 line of said
section; thence N 00 degrees 44' 00" W along said North and South 1/4 line
of said section 211.4 feet; thence N 89 degrees 29' 20" E, 280.5 feet;
thence N 00 degrees 44' 00" W, 1320 feet to the North line of said section
and the place of beginning.
WASHTENAW COUNTY
Certain land in Manchester Township, Washtenaw County, Michigan described
as:
A parcel of land in the NE 1/4 of the NW 1/4 of Section 1, T4S, R3E,
described as follows: To find the place of beginning of this description
commence at the Northwest corner of said section; run thence East along
the North line of said section 1355.07 feet to the West 1/8 line of said
section; thence S 00 degrees 22' 20" E along said West 1/8 line of said
section 927.66 feet to the place of beginning of this description; thence
continuing S 00 degrees 22' 20" E along said West 1/8 line of said section
660 feet to the North 1/8 line of said section; thence N 86 degrees 36'
57" E along said North 1/8 line of said section 660.91 feet; thence N 00
degrees 22' 20" W, 660 feet; thence S 86 degrees 36' 57" W, 660.91 feet to
the place of beginning.
34
WAYNE COUNTY
Certain land in Livonia City, Wayne County, Michigan described as:
Commencing at the Southeast corner of Section 6, T1S, R9E; thence
North along the East line of Section 6 a distance of 253 feet to the point
of beginning; thence continuing North along the East line of Section 6 a
distance of 50 feet; thence Westerly parallel to the South line of Section
6, a distance of 215 feet; thence Southerly parallel to the East line of
Section 6 a distance of 50 feet; thence easterly parallel with the South
line of Section 6 a distance of 215 feet to the point of beginning.
WEXFORD COUNTY
Certain land in Selma Township, Wexford County, Michigan described as:
A parcel of land in the NW 1/4 of Section 7, T22N, R10W, described
as beginning on the North line of said section at a point 200 feet East of
the West line of said section, running thence East along said North
section line 450 feet, thence South parallel with said West section line
350 feet, thence West parallel with said North section line 450 feet,
thence North parallel with said West section line 350 feet to the place of
beginning.
SECTION 12. The Company is a transmitting utility under Section
9501(2) of the Michigan Uniform Commercial Code (M.C.L. 440.9501(2)) as defined
in M.C.L. 440.9102(1)(aaa).
IN WITNESS WHEREOF, said Consumers Energy Company has caused this
Supplemental Indenture to be executed in its corporate name by its Chairman of
the Board, President, a Vice President or its Treasurer and its corporate seal
to be hereunto affixed and to be attested by its Secretary or an Assistant
Secretary, and said JPMorgan Chase Bank, as Trustee as aforesaid, to evidence
its acceptance hereof, has caused this Supplemental Indenture to be executed in
its corporate name by a Vice President and its corporate seal to be hereunto
affixed and to be attested by a Trust Officer, in several counterparts, all as
of the day and year first above written.
35
CONSUMERS ENERGY COMPANY
(SEAL) By /s/ Laura L.Mountcastle
-----------------------------
Name Laura L. Mountcastle
Title Vice President
Attest:
/s/ Joyce H. Norkey
- -------------------
Joyce H. Norkey
Assistant Secretary
Signed, sealed and delivered
by CONSUMERS ENERGY COMPANY
in the presence of
/s/ Kimberly C. Wilson
- ----------------------
Kimberly C. Wilson
/s/ Sammie B. Dalton
- --------------------
Sammie B. Dalton
STATE OF MICHIGAN )
ss.
COUNTY OF JACKSON )
The foregoing instrument was acknowledged before me this 22nd day of
September, 2004, by Laura L. Mountcastle, Vice President of CONSUMERS ENERGY
COMPANY, a Michigan corporation, on behalf of the corporation.
/s/ Margaret Hillman
-------------------------------
Margaret Hillman, Notary Public
[SEAL] State of Michigan, County of Jackson
My Commission Expires: June 14, 2010
Acting in the County of Jackson
S-1
2
JPMORGAN CHASE BANK, AS TRUSTEE
(SEAL) By /s/ L. O'Brien
----------------------------
L. O'Brien
Attest: Vice President
/s/ Rosa Ciaccia
- ------------------
Rosa Ciaccia
Trust Officer
Signed, sealed and delivered
by JPMORGAN CHASE BANK
in the presence of
/s/ Nicholas Sberlati
- -----------------------
Nicholas Sberlati
Trust Officer
/s/ Virginia Dominguez
- ----------------------
Virginia Dominguez
Trust Officer
STATE OF NEW YORK )
ss.
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this 22nd day of
September, 2004, by L. O'Brien, a Vice President of JPMORGAN CHASE BANK, a New
York corporation, on behalf of the corporation, as trustee.
/s/ Emily Fayan
---------------
EMILY FAYAN
Notary Public, State of New York
[Seal] No. 01FA4737006
Qualified in Kings County
Certificate Filed in New York County
Commission Expires Dec. 31, 2005
Prepared by: When recorded, return to:
Kimberly C. Wilson Consumers Energy Company
One Energy Plaza Business Services Real Estate Dept.
Jackson, MI 49201 Attn: Nancy Fisher EP7-439
One Energy Plaza
Jackson, MI 49201
S-2