ONE HUNDRED FOURTEENTH SUPPLEMENTAL INDENTURE Providing among other things for FIRST MORTGAGE BONDS, 2011-1 Collateral Series (Interest Bearing) Dated as of March 31, 2011 CONSUMERS ENERGY COMPANY TO THE BANK OF NEW YORK MELLON, TRUSTEE
Exhibit 4.1
ONE HUNDRED FOURTEENTH SUPPLEMENTAL INDENTURE
Providing among other things for
FIRST MORTGAGE BONDS,
2011-1 Collateral Series (Interest Bearing)
Dated as of March 31, 2011
CONSUMERS ENERGY COMPANY
TO
THE BANK OF NEW YORK MELLON,
TRUSTEE
Counterpart ____ of 80
THIS ONE HUNDRED FOURTEENTH SUPPLEMENTAL INDENTURE, dated as of March 31, 2011 (herein
sometimes referred to as “this Supplemental Indenture”), made and entered into by and
between CONSUMERS ENERGY COMPANY, a corporation organized and existing under the laws of the State
of Michigan, with its principal executive office and place of business at Xxx Xxxxxx Xxxxx, xx
Xxxxxxx, Xxxxxxx Xxxxxx, Xxxxxxxx 00000, formerly known as Consumers Power Company (hereinafter
sometimes referred to as the “Company”), and THE BANK OF NEW YORK MELLON (as successor to
The Bank of New York), a New York banking corporation, with its corporate trust offices at 000
Xxxxxxx Xx., Xxx Xxxx, Xxx Xxxx 00000 (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, 0000, Xxx Xxxxx Xxxxxxxxx Bank (National Association), merged with
and into Chemical Bank which thereafter was renamed The Chase Manhattan Bank; and
WHEREAS, effective November 11, 0000, Xxx Xxxxx Xxxxxxxxx Bank merged with Xxxxxx Guaranty
Trust Company of New York and the surviving corporation was renamed JPMorgan Chase Bank; and
WHEREAS, effective November 13, 2004, the name of JPMorgan Chase Bank was changed to JPMorgan
Chase Bank, N.A.; and
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WHEREAS, effective October 2, 0000, Xxx Xxxx xx Xxx Xxxx assumed the rights and obligations of
JPMorgan Chase Bank, N.A. under the Indenture; and
WHEREAS, effective July 1, 2008, the name of The Bank of New York was changed to The Bank of
New York Mellon; 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 $6,000,000,000 at any
one time outstanding (except as provided in Section 2.01 of the Indenture), and the Indenture
describes and sets forth the property conveyed thereby and is filed in the Office of the Secretary
of State of the State of Michigan and is of record in the Office of the Register of Deeds of each
county in the State of Michigan in which this Supplemental Indenture is to be recorded; and
WHEREAS, the Indenture has been supplemented and amended by various indentures supplemental
thereto, each of which is filed in the Office of the Secretary of State of the State of Michigan
and is of record in the Office of the Register of Deeds of each county in the State of Michigan in
which this Supplemental Indenture is to be recorded; and
WHEREAS, the Company and the Maine corporation entered into an Agreement of Merger and
Consolidation, dated as of February 14, 1968, which provided for the Maine corporation to merge
into the Company; and
WHEREAS, the effective date of such Agreement of Merger and Consolidation was June 6, 1968,
upon which date the Maine corporation was merged into the Company and the name of the Company was
changed from “Consumers Power Company of Michigan” to “Consumers Power Company”; and
WHEREAS, the Company and the Predecessor Trustee entered into a Sixteenth Supplemental
Indenture, dated as of June 4, 1968, which provided, among other things, for the assumption of the
Indenture by the Company; and
WHEREAS, said Sixteenth Supplemental Indenture became effective on the effective date of such
Agreement of Merger and Consolidation; and
WHEREAS, the Company has succeeded to and has been substituted for the Maine corporation under
the Indenture with the same effect as if it had been named therein as the mortgagor corporation;
and
WHEREAS, effective March 11, 1997, the name of Consumers Power Company was changed to
Consumers Energy Company; and
WHEREAS, the Company has entered into a Revolving Credit Agreement dated as of March 31, 2011
(as amended, amended and restated, supplemented or otherwise modified from time to time, the
“Credit Agreement”) with various financial institutions and JPMorgan Chase Bank, N.A., as
agent (in such capacity, the “Agent”) for the Banks (as such term is defined in
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the Credit Agreement), providing for the making of certain financial accommodations
thereunder, and pursuant to such Credit Agreement the Company has agreed to issue to the Agent, as
evidence of and security for the Obligations (as such term is defined in the Credit Agreement), a
new series of bonds under the Indenture; and
WHEREAS, for such purposes the Company desires to issue a new series of bonds, to be
designated First Mortgage Bonds, 2011-1 Collateral Series (Interest Bearing), each of which bonds
shall also bear the descriptive title “First Mortgage Bond” (hereinafter provided for and
hereinafter sometimes referred to as the “2011-1 Collateral 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 the Termination Date (as such term is defined in
the Credit Agreement); and
WHEREAS, each of the registered bonds without coupons of the 2011-1 Collateral Bonds and the
Trustee’s Authentication Certificate thereon are to be substantially in the following form, to wit:
[FORM OF REGISTERED BOND
OF THE 2011-1 COLLATERAL BONDS]
[FACE]
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND
2011-1 COLLATERAL SERIES (INTEREST BEARING)
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND
2011-1 COLLATERAL SERIES (INTEREST BEARING)
No. 1
|
$ | 500,000,000 |
CONSUMERS ENERGY COMPANY, a Michigan corporation (hereinafter called the “Company”),
for value received, hereby promises to pay to JPMorgan Chase Bank, N.A, as agent (in such
capacity, the “Agent”) for the Banks under and as defined in the Revolving Credit
Agreement, dated as of March 31, 2011 among the Company, the Banks named therein and from time to
time party thereto, JPMorgan Chase Bank, N.A., as an LC Issuer (as defined therein), and the Agent
(as amended, amended and restated, supplemented or otherwise modified from time to time, the
“Credit Agreement”), or registered assigns, on the Maturity Date (defined below) the
principal sum of Five Hundred Million Dollars ($500,000,000) or such lesser principal amount as
shall be equal to the aggregate principal amount of the Loans (as defined in the Credit Agreement)
and Reimbursement Obligations (as defined in the Credit Agreement) included in the Obligations (as
defined in the Credit Agreement) outstanding on the Termination Date (as defined in the Credit
Agreement) (the “Maturity Date”), but not in excess, however, of the principal amount of
this bond, and to pay interest thereon at the Interest Rate (as defined below)
3
until the principal hereof is paid or duly made available for payment on the Maturity Date,
or, in the event of redemption of this bond, until the redemption date, or, in the event of default
in the payment of the principal hereof, until the Company’s obligations with respect to the payment
of such principal shall be discharged as provided in the Indenture (as defined on the reverse
hereof). Interest on this bond shall be payable on each Interest Payment Date (as defined below),
commencing on the first Interest Payment Date next succeeding March 31, 2011. If the Maturity Date
falls on a day which is not a Business Day, as defined below, principal and any interest and/or
fees payable with respect to the Maturity Date will be paid on the immediately preceding Business
Day. The interest payable, and punctually paid or duly provided for, on any Interest Payment Date
will, subject to certain exceptions, be paid to the person in whose name this bond (or one or more
predecessor bonds) is registered at the close of business on the Record Date (as defined below);
provided, however, that interest payable on the Maturity Date will be payable to the person to whom
the principal hereof shall be payable. Should the Company default in the payment of interest
(“Defaulted Interest”), the Defaulted Interest shall be paid to the person in whose name
this bond (or one or more predecessor bonds) is registered on a subsequent record date fixed by the
Company, which subsequent record date shall be fifteen (15) days prior to the payment of such
Defaulted Interest. As used herein, (A) “Business Day” shall mean any day, other than a
Saturday or Sunday, on which banks generally are open in 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; (B) “Interest Payment Date” shall mean each date on which
Obligations constituting interest and/or fees are due and payable from time to time pursuant to the
Credit Agreement; (C) “Interest Rate” shall mean a rate of interest per annum, adjusted as
necessary, to result in an interest payment equal to the aggregate amount of Obligations
constituting interest and fees due under the Credit Agreement on the applicable Interest Payment
Date; and (D) “Record Date” with respect to any Interest Payment Date shall mean the day
(whether or not a Business Day) immediately next preceding such Interest Payment Date.
Payment of the principal of and interest on this bond will be made in immediately available
funds at the office or agency of the Company maintained for that purpose in the City of Jackson,
Michigan, in such coin or currency of the United States of America as at the time of payment is
legal tender for payment of public and private debts.
The provisions of this bond are continued on the reverse hereof and such continued provisions
shall for all purposes have the same effect as though fully set forth at this place.
This bond shall not be valid or become obligatory for any purpose unless and until it shall
have been authenticated by the execution by the Trustee or its successor in trust under the
Indenture of the certificate hereon.
IN WITNESS WHEREOF, Consumers Energy Company has caused this bond to be executed in its name
by its Chairman of the Board, its President or one of its Vice Presidents by
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his or her signature or a facsimile thereof, and its corporate seal or a facsimile thereof to be
affixed hereto or imprinted hereon and attested by its Secretary or one of its Assistant
Secretaries by his or her signature or a facsimile thereof.
| CONSUMERS ENERGY COMPANY |
||||
| Dated: | ||||
| By: | ||||
| Printed: | ||||
| Title: | ||||
Attest: _____________________
TRUSTEE’S AUTHENTICATION CERTIFICATE
This is one of the bonds, of the series designated therein, described in the within-mentioned
Indenture.
| THE BANK OF NEW YORK MELLON, Trustee |
||||
| By: | ||||
| Authorized Officer | ||||
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[REVERSE]
CONSUMERS ENERGY COMPANY
FIRST MORTGAGE BOND
2011-1 COLLATERAL SERIES (INTEREST BEARING)
2011-1 COLLATERAL SERIES (INTEREST BEARING)
This bond is one of the bonds of a series designated as First Mortgage Bonds, 2011-1
Collateral Series (Interest Bearing) (sometimes herein referred to as the “2011-1 Collateral
Bonds”) issued under and in accordance with and secured by an Indenture dated as of September
1, 1945, given by the Company (or its predecessor, Consumers Power Company, a Maine corporation) to
City Bank Farmers Trust Company (The Bank of New York Mellon, successor) (hereinafter sometimes
referred to as the “Trustee”), together with 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 2011-1 Collateral Bonds are to be issued and delivered to the Agent in order to evidence
and secure the obligation of the Company under the Credit Agreement to make payments to the Banks
under the Credit Agreement and to provide the Banks the benefit of the lien of the Indenture with
respect to the 2011-1 Collateral Bonds.
The obligation of the Company to make payments with respect to the principal of 2011-1
Collateral Bonds shall be fully or partially, as the case may be, satisfied and discharged to the
extent that, at the time that any such payment shall be due, the then due principal of the Loans
and/or the Reimbursement Obligations included in the Obligations shall have been fully or partially
paid. Satisfaction of any obligation to the extent that payment is made with respect to the Loans
and/or the Reimbursement Obligations means that if any payment is made on the principal of the
Loans and/or the Reimbursement Obligations, a corresponding payment obligation with respect to the
principal of the 2011-1 Collateral Bonds shall be deemed discharged in the same amount as the
payment with respect to the Loans and/or the Reimbursement Obligations discharges the outstanding
obligation with respect to such Loans and/or Reimbursement Obligations. No such payment of
principal shall reduce the principal amount of the 2011-1 Collateral Bonds.
The obligation of the Company to make payments with respect to the interest on 2011-1
Collateral Bonds shall be fully or partially, as the case may be, satisfied and discharged to the
extent that, at the time that any such payment shall be due, the then due interest and/or fees
under the Credit Agreement shall have been fully or partially paid. Satisfaction of any obligation
to the extent that payment is made with respect to the interest and/or fees under the Credit
Agreement means that if any payment is made on the interest and/or fees under the Credit Agreement, a
corresponding payment obligation with respect to the interest on the 2011-1 Collateral Bonds
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shall be deemed discharged in the same amount as the payment with respect to the interest and/or fees
under the Credit Agreement discharges the outstanding obligation under the Credit Agreement with
respect to such interest and/or fees.
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 interest on this bond, so far as such
payments at the time have become due, has been fully satisfied and discharged unless and until the
Trustee shall have received a written notice from the Agent stating (i) that timely payment of
principal and interest on the 2011-1 Collateral Bonds has not been made, (ii) that the Company is
in arrears as to the payments required to be made by it to the Agent in connection with the
Obligations pursuant to the Credit Agreement, and (iii) the amount of the arrearage.
If an Event of Default (as defined in the Credit Agreement) with respect to the payment of the
principal of the Loans and/or the Reimbursement Obligations shall have occurred, it shall be deemed
to be a default for purposes of Section 11.01 of the Indenture in the payment of the principal of
the 2011-1 Collateral Bonds equal to the amount of such unpaid principal or Reimbursement
Obligations (but in no event in excess of the principal amount of the 2011-1 Collateral Bonds). If
an Event of Default (as defined in the Credit Agreement) with respect to the payment of interest on
the Loans and/or the Reimbursement Obligations or any fees shall have occurred, it shall be deemed
to be a default for purposes of Section 11.01 of the Indenture in the payment of the interest on
the 2011-1 Collateral Bonds equal to the amount of such unpaid interest or fees.
This bond is not redeemable except upon written demand of the Agent following the occurrence
of an Event of Default under the Credit Agreement and the acceleration of the Obligations, as
provided in Section 9.2 of the Credit Agreement. This bond is not redeemable by the operation of
the improvement fund or the maintenance and replacement provisions of the Indenture or with the
proceeds of released property.
In case of certain defaults as specified in the Indenture, the principal of this bond may be
declared or may become due and payable on the conditions, at the time, in the manner and with the
effect provided in the Indenture. The holders of certain specified percentages of the bonds at the
time outstanding, including in certain cases specified percentages of bonds of particular series,
may in certain cases, to the extent and as provided in the Indenture, waive certain defaults
thereunder and the consequences of such defaults.
The Indenture contains provisions permitting the Company and the Trustee, with the consent of
the holders of not less than seventy-five per centum in principal amount of the bonds (exclusive of
bonds disqualified by reason of the Company’s interest therein) at the time outstanding, including,
if more than one series of bonds shall be at the time outstanding, not less than sixty per centum
in principal amount of each series affected, to effect, by an indenture supplemental to the
Indenture, modifications or alterations of the Indenture and of the rights and obligations of the
Company and the rights of the holders of the bonds and coupons; provided, however,
that no such modification or alteration shall be made without the written approval or consent of
the holder hereof which will (a) extend the maturity of this bond or reduce the rate or
extend the time of payment of interest hereon or reduce the amount of the principal hereof, or
(b) permit the creation of any lien, not otherwise permitted, prior to or on a parity with the lien
of
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the Indenture, or (c) reduce the percentage of the principal amount of the bonds the holders of
which are required to approve any such supplemental indenture.
The Company reserves the right, without any consent, vote or other action by holders of the
2011-1 Collateral Bonds or any other series created after the Sixty-eighth Supplemental Indenture,
to amend the Indenture to reduce the percentage of the principal amount of bonds the holders of
which are required to approve any supplemental indenture (other than any supplemental indenture
which is subject to the proviso contained in the immediately preceding sentence) (a) from not less
than seventy-five per centum (including sixty per centum of each series affected) to not less than
a majority in principal amount of the bonds at the time outstanding or (b) in case fewer than all
series are affected, not less than a majority in principal amount of the bonds of all affected
series, voting together.
No recourse shall be had for the payment of the principal of 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.
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 the
Investor Services Department of the Company, as 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.
The Agent shall surrender this bond to the Trustee when all of the principal of and interest
on the Loans and Reimbursement Obligations arising under the Credit Agreement, and all of the fees
payable pursuant to the Credit Agreement with respect to the Obligations, shall have been duly
paid, no Facility LC (as defined in the Credit Agreement) shall be outstanding, and the Credit
Agreement (including, without limitation, all Commitments thereunder) shall have been terminated.
[END OF FORM OF REGISTERED BOND
OF THE 2011-1 COLLATERAL BONDS]
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AND WHEREAS all acts and things necessary to make the 2011-1 Collateral Bonds (the
“Collateral Bonds”), when duly executed by the Company and authenticated by the Trustee or
its agent and issued as prescribed in the Indenture, as heretofore supplemented and amended, and
this Supplemental Indenture provided, the valid, binding and legal obligations of the Company, and
to constitute the Indenture, as supplemented and amended as aforesaid, as well as by this
Supplemental Indenture, a valid, binding and legal instrument for the security thereof, have been
done and performed, and the creation, execution and delivery of this Supplemental Indenture and the
creation, execution and issuance of bonds subject to the terms hereof and of the Indenture, as so
supplemented and amended, have in all respects been duly authorized;
NOW, THEREFORE, in consideration of the premises, of the acceptance and purchase by the
holders thereof of the bonds issued and to be issued under the Indenture, as supplemented and
amended as above set forth, and of the sum of One Dollar duly paid by the Trustee to the Company,
and of other good and valuable considerations, the receipt whereof is hereby acknowledged, and for
the purpose of securing the due and punctual payment of the principal of and premium, if any, and
interest on all bonds now outstanding under the Indenture and the $500,000,000 principal amount of
the Collateral Bonds and all other bonds which shall be issued under the Indenture, as supplemented
and amended from time to time, and for the purpose of securing the faithful performance and
observance of all covenants and conditions therein, and in any indenture supplemental thereto, set
forth, the Company has given, granted, bargained, sold, released, transferred, assigned,
hypothecated, pledged, mortgaged, confirmed, set over, warranted, alienated and conveyed and by
these presents does give, grant, bargain, sell, release, transfer, assign, hypothecate, pledge,
mortgage, confirm, set over, warrant, alien and convey unto The Bank of New York Mellon, 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;
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BUT IN TRUST, NEVERTHELESS, with power of sale for the equal and proportionate benefit and
security of the holders of all bonds now or hereafter authenticated and delivered under and secured
by the Indenture and interest coupons appurtenant thereto, pursuant to the provisions of the
Indenture and of any supplemental indenture, and for the enforcement of the payment of said bonds
and coupons when payable and the performance of and compliance with the covenants and conditions of
the Indenture and of any supplemental indenture, without any preference, distinction or priority as
to lien or otherwise of any bond or bonds over others by reason of the difference in time of the
actual authentication, delivery, issue, sale or negotiation thereof or for any other reason
whatsoever, except as otherwise expressly provided in the Indenture; and so that each and every
bond now or hereafter authenticated and delivered thereunder shall have the same lien, and so that
the principal of and premium, if any, and interest on every such bond shall, subject to the terms
thereof, be equally and proportionately secured, as if it had been made, executed, authenticated,
delivered, sold and negotiated simultaneously with the execution and delivery thereof.
AND IT IS EXPRESSLY DECLARED by the Company that all bonds authenticated and delivered under
and secured by the Indenture, as supplemented and amended as above set forth, are to be issued,
authenticated and delivered, and all said premises, property, franchises and rights hereby and by
the Indenture and indentures supplemental thereto conveyed, assigned, pledged or mortgaged, or
intended so to be, are to be dealt with and disposed of under, upon and subject to the terms,
conditions, stipulations, covenants, agreements, trusts, uses and purposes expressed in the
Indenture, as supplemented and amended as above set forth, and the parties hereto mutually agree as
follows:
SECTION 1. There is hereby created a series of bonds (the “2011-1 Collateral Bonds”)
designated as hereinabove provided, which shall also bear the descriptive title “First Mortgage
Bond”, and the forms thereof shall be substantially as hereinbefore set forth (collectively, the
“Sample Bond”). The 2011-1 Collateral Bonds shall be issued in the aggregate principal
amount of $500,000,000, shall mature on the Termination Date (as such term is defined in the Credit
Agreement) and shall be issued only as registered bonds without coupons in denominations of $1,000
and any multiple thereof. The serial numbers of the Collateral 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. The Collateral Bonds are to
be issued to and registered in the name of the Agent under the Credit Agreement (as such terms are
defined in the Sample Bonds) to evidence and secure any and all Obligations (as such term is
defined in the Credit Agreement) of the Company under the Credit Agreement.
The 2011-1 Collateral Bonds shall bear interest as set forth in the Sample Bond. The
principal of and the interest on said bonds shall be payable as set forth in the Sample Bond.
The obligation of the Company to make payments with respect to the principal of 2011-1
Collateral Bonds shall be fully or partially, as the case may be, satisfied and discharged to the
extent that, at the time that any such payment shall be due, the then due principal of the Loans
and/or the Reimbursement Obligations included in the Obligations shall have been fully or
partially paid. Satisfaction of any obligation to the extent that payment is made with
respect to the Loans and/or the Reimbursement Obligations means that if any payment is made on the
10
principal of the Loans and/or the Reimbursement Obligations, a corresponding payment obligation
with respect to the principal of the 2011-1 Collateral Bonds shall be deemed discharged in the same
amount as the payment with respect to the Loans and/or the Reimbursement Obligations discharges the
outstanding obligation with respect to such Loans and/or Reimbursement Obligations. No such
payment of principal shall reduce the principal amount of the 2011-1 Collateral Bonds.
The obligation of the Company to make payments with respect to interest on 2011-1 Collateral
Bonds shall be fully or partially, as the case may be, satisfied and discharged to the extent that,
at the time that any such payment shall be due, the then due interest and/or fees under the Credit
Agreement shall have been fully or partially paid. Satisfaction of any obligation to the extent
that payment is made with respect to the interest and/or fees under the Credit Agreement means that
if any payment is made on the interest and/or fees under the Credit Agreement, a corresponding
payment obligation with respect to the interest on the 2011-1 Collateral Bonds shall be deemed
discharged in the same amount as the payment with respect to the interest and/or fees under the
Credit Agreement discharges the outstanding obligation under the Credit Agreement with respect to
such interest and/or fees.
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 interest on the Collateral Bonds, so
far as such payments at the time have become due, has been fully satisfied and discharged unless
and until the Trustee shall have received a written notice from the Agent stating (i) that timely
payment of principal and interest on the 2011-1 Collateral Bonds has not been made, (ii) that the
Company is in arrears as to the payments required to be made by it to the Agent pursuant to the
Credit Agreement, and (iii) the amount of the arrearage.
The Collateral 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
the Investor Services Department of the Company, as 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. The Collateral Bonds are not redeemable by the operation of the maintenance and
replacement provisions of this Indenture or with the proceeds of released property.
SECTION 3. Upon the occurrence of an Event of Default under the Credit Agreement and the
acceleration of the Obligations, the Collateral Bonds shall be redeemable in whole upon receipt by
the Trustee of a written demand from the Agent stating that there has occurred under the Credit
Agreement both an Event of Default and a declaration of acceleration of the Obligations and
demanding redemption of the Collateral Bonds (including a description of the amount of principal,
interest and fees which comprise such Obligations). The Company waives any right it may have to
prior notice of such redemption under the Indenture. Upon surrender of the Collateral Bonds by the Agent to the Trustee, the Collateral Bonds shall be redeemed at a
redemption price equal to the aggregate amount of the Obligations.
11
SECTION 4. The Company reserves the right, without any consent, vote or other action by the
holder of the Collateral 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, 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
12
may in its discretion but shall not be obligated to enter into such supplemental
indenture.
It shall not be necessary for the consent of the bondholders under this
Section to approve the particular form of any proposed supplemental
indenture, but it shall be sufficient if such consent shall approve the
substance thereof.
The Company and the Trustee, if they so elect, and either before or
after such consent has been obtained, may require the holder of any bond
consenting to the execution of any such supplemental indenture to submit his
bond to the Trustee or to ask such bank, banker or trust company as may be
designated by the Trustee for the purpose, for the notation thereon of the
fact that the holder of such bond has consented to the execution of such
supplemental indenture, and in such case such notation, in form satisfactory
to the Trustee, shall be made upon all bonds so submitted, and such bonds
bearing such notation shall forthwith be returned to the persons entitled
thereto.
Prior to the execution by the Company and the Trustee of any
supplemental indenture pursuant to the provisions of this Section, the
Company shall publish a notice, setting forth in general terms the substance
of such supplemental indenture, at least once in one daily newspaper of
general circulation in each city in which the principal of any of the bonds
shall be payable, or, if all bonds outstanding shall be registered bonds
without coupons or coupon bonds registered as to principal, such notice
shall be sufficiently given if mailed, first class, postage prepaid, and
registered if the Company so elects, to each registered holder of bonds at
the last address of such holder appearing on the registry books, such
publication or mailing, as the case may be, to be made not less than thirty
days prior to such execution. Any failure of the Company to give such
notice, or any defect therein, shall not, however, in any way impair or
affect the validity of any such supplemental indenture.
SECTION 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 Agent, for the benefit of the Banks
(as such term is defined in the Credit Agreement), 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
13
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 recitals 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 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 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 Collateral 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 powerhouses, buildings,
reservoirs, dams, pipelines, flumes, structures and works and the land on which the same are
situated and all water rights and all other lands and easements, rights of way, permits,
privileges, towers, poles, wires, machinery, equipment, appliances, appurtenances and supplies and
all other property, real or personal, forming a part of or appertaining to or used, occupied or
enjoyed in connection with such plants and stations or any of them, or adjacent thereto.
II.
ELECTRIC TRANSMISSION LINES
All the electric transmission lines of the Company, constructed or otherwise acquired by it
and not heretofore described in the Indenture or any supplement thereto and not heretofore released
from the lien of the Indenture, including towers, poles, pole lines, wires, switches, switch racks,
switchboards, insulators and other appliances and equipment, and all other
property, real or personal, forming a part of or appertaining to or used, occupied or enjoyed
in connection with such transmission lines or any of them or adjacent thereto; together with all
real
14
property, rights of way, easements, permits, privileges, franchises and rights for or relating
to the construction, maintenance or operation thereof, through, over, under or upon any private
property or any public streets or highways, within as well as without the corporate limits of any
municipal corporation. Also all the real property, rights of way, easements, permits, privileges
and rights for or relating to the construction, maintenance or operation of certain transmission
lines, the land and rights for which are owned by the Company, which are either not built or now
being constructed.
III.
ELECTRIC DISTRIBUTION SYSTEMS
All the electric distribution systems of the Company, constructed or otherwise acquired by it
and not heretofore described in the Indenture or any supplement thereto and not heretofore released
from the lien of the Indenture, including substations, transformers, switchboards, towers, poles,
wires, insulators, subways, trenches, conduits, manholes, cables, meters and other appliances and
equipment, and all other property, real or personal, forming a part of or appertaining to or used,
occupied or enjoyed in connection with such distribution systems or any of them or adjacent
thereto; together with all real property, rights of way, easements, permits, privileges,
franchises, grants and rights, for or relating to the construction, maintenance or operation
thereof, through, over, under or upon any private property or any public streets or highways within
as well as without the corporate limits of any municipal corporation.
IV.
ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND SITES
All the substations, switching stations and sites of the Company, constructed or otherwise
acquired by it and not heretofore described in the Indenture or any supplement thereto and not
heretofore released from the lien of the Indenture, for transforming, regulating, converting or
distributing or otherwise controlling electric current at any of its plants and elsewhere, together
with all buildings, transformers, wires, insulators and other appliances and equipment, and all
other property, real or personal, forming a part of or appertaining to or used, occupied or enjoyed
in connection with any of such substations and switching stations, or adjacent thereto, with sites
to be used for such purposes.
V.
GAS COMPRESSOR STATIONS, GAS PROCESSING PLANTS, DESULPHURIZATION STATIONS, METERING STATIONS,
ODORIZING STATIONS, REGULATORS AND SITES
ODORIZING STATIONS, REGULATORS AND SITES
All the compressor stations, processing plants, desulphurization stations, metering stations,
odorizing stations, regulators and sites of the Company, constructed or otherwise acquired by it
and not heretofore described in the Indenture or any supplement thereto and not
heretofore released from the lien of the Indenture, for compressing, processing,
desulphurizing, metering, odorizing and regulating manufactured or natural gas at any of its plants
and
15
elsewhere, together with all buildings, meters and other appliances and equipment, and all
other property, real or personal, forming a part of or appertaining to or used, occupied or enjoyed
in connection with any of such purposes, with sites to be used for such purposes.
VI.
GAS STORAGE FIELDS
The natural gas rights and interests of the Company, including xxxxx and well lines (but not
including natural gas, oil and minerals), the gas gathering system, the underground gas storage
rights, the underground gas storage xxxxx and injection and withdrawal system used in connection
therewith, constructed or otherwise acquired by it and not heretofore described in the Indenture or
any supplement thereto and not heretofore released from the lien of the Indenture: In the Overisel
Gas Storage Field, located in the Township of Overisel, Allegan County, and in the Township of
Zeeland, Ottawa County, Michigan; in the Northville Gas Storage Field located in the Township of
Salem, Washtenaw County, Township of Lyon, Oakland County, and the Townships of Northville and
Plymouth and City of Plymouth, Xxxxx County, Michigan; in the Salem Gas Storage Field, located in
the Township of Salem, Allegan County, and in the Township of Jamestown, Ottawa County, Michigan;
in the Ray Gas Storage Field, located in the Townships of Ray and Armada, Macomb County, Michigan;
in the Lenox Gas Storage Field, located in the Townships of Lenox and Chesterfield, Macomb County,
Michigan; in the Xxx Gas Storage Field, located in the Township of Xxx, St. Clair County, Michigan;
in the Puttygut Gas Storage Field, located in the Township of Casco, St. Clair County, Michigan; in
the Four Corners Gas Storage Field, located in the Townships of Casco, China, Cottrellville and
Xxx, St. Clair County, Michigan; in the Swan Creek Gas Storage Field, located in the Township of
Casco and Xxx, St. Clair County, Michigan; and in the Hessen Gas Storage Field, located in the
Townships of Casco and Columbus, St. Clair, Michigan.
VII.
GAS TRANSMISSION LINES
All the gas transmission lines of the Company, constructed or otherwise acquired by it and not
heretofore described in the Indenture or any supplement thereto and not heretofore released from
the lien of the Indenture, including gas mains, pipes, pipelines, gates, valves, meters and other
appliances and equipment, and all other property, real or personal, forming a part of or
appertaining to or used, occupied or enjoyed in connection with such transmission lines or any of
them or adjacent thereto; together with all real property, right of way, easements, permits,
privileges, franchises and rights for or relating to the construction, maintenance or operation
thereof, through, over, under or upon any private property or any public streets or highways,
within as well as without the corporate limits of any municipal corporation.
16
VIII.
GAS DISTRIBUTION SYSTEMS
All the gas distribution systems of the Company, constructed or otherwise acquired by it and
not heretofore described in the Indenture or any supplement thereto and not heretofore released
from the lien of the Indenture, including tunnels, conduits, gas mains and pipes, service pipes,
fittings, gates, valves, connections, meters and other appliances and equipment, and all other
property, real or personal, forming a part of or appertaining to or used, occupied or enjoyed in
connection with such distribution systems or any of them or adjacent thereto; together with all
real property, rights of way, easements, permits, privileges, franchises, grants and rights, for or
relating to the construction, maintenance or operation thereof, through, over, under or upon any
private property or any public streets or highways within as well as without the corporate limits
of any municipal corporation.
IX.
OFFICE BUILDINGS, SERVICE BUILDINGS, GARAGES, ETC.
All office, garage, service and other buildings of the Company, wherever located, in the State
of Michigan, constructed or otherwise acquired by it and not heretofore described in the Indenture
or any supplement thereto and not heretofore released from the lien of the Indenture, together with
the land on which the same are situated and all easements, rights of way and appurtenances to said
lands, together with all furniture and fixtures located in said buildings.
X.
TELEPHONE PROPERTIES AND
RADIO COMMUNICATION EQUIPMENT
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, communications, intelligence, signals, light, vision or
sound by electricity, wire or otherwise, including all telephone equipment installed in buildings
used as general and regional offices, substations and generating stations and all telephone lines
erected on towers and poles; and all radio communication equipment of the Company, together with
all property, real or personal (except any in the Indenture expressly excepted), fixed stations,
towers, auxiliary radio buildings and equipment, and all appurtenances used in connection
therewith, wherever located, in the State of Michigan.
17
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:
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 Xxx Township, Allegan County, Michigan described as:
The NE 1/4 of the NW 1/4 of Section 16, T1N, R15W.
ALPENA COUNTY
Certain land in Xxxxxx and Green Townships, Alpena County, Michigan described as:
All that part of the S’ly 1/2 of the former Boyne City-Xxxxxxx 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.
18
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 X. Xxxxxx and Xxxx X. Xxxxxx, his wife, dated April 15,
1946 and recorded May 20, 1946 in Liber 97 of Deeds on page 682 of Antrim
County Records.
ARENAC COUNTY
Certain land in Xxxxxxxx Township, Arenac County, Michigan described as:
A parcel of land in the SW 1/4 of the NW 1/4 of Section 12, T18N, R4E,
described as follows: To find the place of beginning of said parcel of land,
commence at the Xxxxxxxxx xxxxxx xx Xxxxxxx 00, X00X, X0X; run thence South
along the West line of said section, said West line of said section being
also the center line of Xxxx Xxxx Xxxxxx Xxxx 0000.00 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.
XXXXX COUNTY
Certain land in Johnstown Township, Xxxxx County, Michigan described as:
A strip of land 311 feet in width across the SW 1/4 of the NE 1/4 of
Section 31, T1N, R8W, described as follows: To find the place of beginning
of this description, commence at the E 1/4 post of said section; run thence N
00 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.
19
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 X 0/0 xx xxx XX 0/0
xx Xxxxxxx 0, X00X, X0X.
BENZIE COUNTY
Certain land in Benzonia Township, Benzie County, Michigan described as:
A parcel of land in the Northeast 1/4 of Section 7, Township 26 North,
Range 14 West, described as beginning at a point on the East line of said
Section 7, said point being 320 feet North measured along the East line of
said section from the East 1/4 post; running thence West 165 feet; thence
North parallel with the East line of said section 165 feet; thence East 165
feet to the East line of said section; thence South 165 feet to the place of
beginning.
BRANCH COUNTY
Certain land in Xxxxxx Township, Branch County, Michigan described as:
A parcel of land in the 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.
XXXXXXX COUNTY
Certain land in Xxxxxx Township, Xxxxxxx County, Michigan described as:
A parcel of land in the SE 1/4 of the SE 1/4 of Section 32, T1S, R6W,
described as follows: To find the place of beginning of this description,
commence at the Southeast corner of said section; run thence North along the
East line of said section 1034.32 feet to the place of beginning of this
description; running thence N 89 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
20
the Xxxx xxxx xx Xxxxxxx 00, X0X, X0X, from the Southeast corner of
said section to the Northeast corner of said section assumed as North.)
CASS COUNTY
Certain easement rights located across land in Marcellus Township, Cass County, Michigan
described as:
The East 6 rods of the SW 1/4 of the XX 0/0 xx Xxxxxxx 0, X0X, X00X.
XXXXXXXXXX XXXXXX
Xxxxxxx 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.
21
CLINTON COUNTY
Certain land in Watertown Township, Clinton County, Michigan described as:
The NE 1/4 of the NE 1/4 of the SE 1/4 of Section 22, and the North 165
feet of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section 22, T5N, R3W.
XXXXXXXX COUNTY
Certain land in Lovells Township, Xxxxxxxx County, Michigan described as:
A parcel of land in Xxxxxxx 0, X00X, X0X, described as: Commencing at
NW corner said section; thence South 89 degrees53’30” 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.
XXXXX COUNTY
Certain land in Xxxxx Township, Xxxxx County, Michigan described as:
A parcel of land in the SW 1/4 of Section 6, T2N, R4W, described as
follows: To find the place of beginning of this description commence at the
Southwest corner of said section; run thence N 89 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 Xxxxxxxxx 0/0 xx Xxxxxxx 00,
X00X, X0X.
22
GENESEE COUNTY
Certain land in Argentine Township, Genesee County, Michigan described as:
A parcel of land of part of the SW 1/4 of Section 8, T5N, R5E, being
more particularly described as follows:
Beginning at a point of the West line of Xxxxxxxx Road, 100 feet wide,
(as now established) distant 829.46 feet measured N01
degrees42’56”W and 50
feet measured S88 degrees14’04”W from the Xxxxx xxxxxxx xxxxxx, Xxxxxxx 0,
X0X, X0X; 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 of the Southwest quarter
of said Section 8 a distance 550 feet to a point on the West line of
Xxxxxxxx Road, 100 feet wide (as now established); thence S01
degrees42’56”E
along the West line of said Xxxxxxxx Road a distance of 500 feet to the
point of beginning.
GLADWIN COUNTY
Certain land in Xxxxxx Township, Gladwin County, Michigan described as:
The East 400 feet of the South 450 feet of Xxxxxxx 0, X00X, X0X.
GRAND TRAVERSE COUNTY
Certain land in Xxxxxxxx Township, Grand Traverse County, Michigan described as:
A parcel of land in the Xxxxxxxxx 0/0 xx Xxxxxxx 0, X00X, X00X,
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 Xxxxxx Xxxx 000 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 Xxxxxx 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 Xxxxxx 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 Xxxxxx Street;
23
thence West along the North line of Xxxxxx Street 100 feet to place of
beginning.
HILLSDALE COUNTY
Certain land in Litchfield Village, Hillsdale County, Michigan described as:
Xxx 000 xx Xxxxxxxxx Xxxx xx xxx Xxxxxxx xx Xxxxxxxxxx.
XXXXX XXXXXX
Certain easement rights located across land in Sebewaing Township, Huron County, Michigan
described as:
The North 1/2 of the Xxxxxxxxx 0/0 xx Xxxxxxx 00, X00X, X0X.
XXXXXX XXXXXX
Xxxxxxx land in Vevay Township, Xxxxxx County, Michigan described as:
A parcel of land 660 feet wide in the Southwest 1/4 of Section 7 lying
South of the centerline of Xxxxx Road as extended to the North-South 1/4
line of said Xxxxxxx 0, X0X, X0X, more particularly described as follows:
Commence at the Southwest corner of said Section 7, thence North along the
West line of said Section 2502.71 feet to the centerline of Xxxxx Road;
thence South 89 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
Xxxxx Road and the place of beginning.
IONIA COUNTY
Certain land in Sebewa Township, Ionia County, Michigan described as:
A strip of land 280 feet wide across that part of the SW 1/4 of the NE
1/4 of Section 15, T5N, R6W, described as follows:
To find the place of beginning of this description commence at the E
1/4 corner of said section; run thence N 00 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
24
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
Xxxx xxxx xx Xxxxxxx 00, X0X, X0X, 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 beginning of this
description; thence continuing South along the said North and South 1/4 line
of said section, 165.00 feet to a point on the said North and South 1/4 line
of said section which said point is 1089.00 feet distant North of the center
of said section; thence West 440.00 feet; thence North 165.00 feet; thence
East 440.00 feet to the said North and South 1/4 line of said section and
the place of beginning.
XXXXXXXX COUNTY
Certain land in Chippewa Township, Xxxxxxxx County, Michigan described as:
The North 8 rods of the NE 1/4 of the SE 1/4 of Section 29, T14N, R3W.
XXXXXXX COUNTY
Certain land in Waterloo Township, Xxxxxxx County, Michigan described as:
A parcel of land in the North fractional part of the N fractional 1/2
of Section 2, T1S, R2E, described as follows: To find the place of beginning
of this description commence at the E 1/4 post of said section; run thence N
01 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”
25
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 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 Xxxxxx Xxxxxx and Xxxx Xxxxxx, his
wife, dated October 9, 1934 and recorded December 28, 1934 in Liber 39 on
page 291 of Kalkaska County Records, and subject to easement for pipeline
purposes as granted to Michigan Consolidated Gas Company by first party
herein on April 4, 1963 and recorded June 21, 1963 in Liber 91 on page 631
of Kalkaska County Records.
KENT COUNTY
Certain land in Caledonia Township, Kent County, Michigan described as:
A parcel of land in the Northwest fractional 1/4 of Section 15, T5N,
R10W, described as follows: To find the place of beginning of this
description commence at the North 1/4 corner of said section, run thence S 0
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
26
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 Xxxx xxxx xx Xxxxxxx 00, X0X, X00X 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 Xxxxx 0/0 xx Xxxxxxx 00 X00X, X00X.
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
Xxxxxxx 0, X00X, X00X.
XXXXXX XXXXXX
Xxxxxxx land in Xxxxxx Township, Lapeer County, Michigan described as:
The South 825 feet of the W 1/2 of the XX 0/0 xx Xxxxxxx 00, X0X, X0X,
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 XX 0/0 xx
Xxxxxxx 00, X00X, X00X.
XXXXXXX XXXXXX
Xxxxxxx 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 XX 0/0 xx Xxxxxxx
00, X0X, X0X, 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.
27
XXXXXXXXXX COUNTY
Certain land in Cohoctah Township, Xxxxxxxxxx County, Michigan described as:
Parcel 1
The East 390 feet of the East 50 rods of the XX 0/0 xx Xxxxxxx 00, X0X,
X0X.
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, 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. Xxxxx Xxxxxx’x Xxxxx Road Subdivision #15, according to the recorded plat
thereof, as recorded in Liber 24 of Plats, on page 7, 24.36 chains to the
East and West 1/4 line of said Section 6; thence East on said East and West
1/4 line 8.93 chains; thence North parallel with the said West line of the E
1/2 of the NW 1/4 of Section 6, 24.36 chains; thence West 8.93 chains to the
place of beginning, all in T3N, R13E.
MANISTEE COUNTY
Certain land in Manistee Township, Manistee County, Michigan described as:
A parcel of land in the SW 1/4 of Section 20, T22N, R16W, described as
follows: To find the place of beginning of this description, commence at the
Southwest corner of said section; run thence East along the South line of
said section 832.2 feet to the place of beginning of this description;
thence continuing East along said South line of said section 132 feet;
thence North 198 feet; thence West 132 feet; thence South 198 feet to the
place of beginning, excepting therefrom the South 2 rods thereof which was
conveyed to Manistee Township for highway purposes by a Quitclaim
28
Deed dated June 13, 1919 and recorded July 11, 1919 in Liber 88 of
Deeds on page 638 of Manistee County Records.
XXXXX COUNTY
Certain land in Riverton Township, Xxxxx County, Michigan described as:
Parcel 1
The South 10 acres of the West 20 acres of the S 1/2 of the NE 1/4 of
Section 22, T17N, R17W.
Parcel 2
A parcel of land containing 4 acres of the West side of highway, said
parcel of land being described as commencing 16 rods South of the Northwest
corner of the NW 1/4 of the SW 1/4 of Section 22, T17N, R17W, running thence
South 64 rods, thence NE’ly and N’ly and NW’ly along the W’ly line of said
highway to the place of beginning, together with any and all right, title,
and interest of Xxxxxx X. Xxxxxxxx and Xxxxxxxxx X. Xxxxxxxx in and to that
portion of the hereinbefore mentioned highway lying adjacent to the E’ly
line of said above described land.
MECOSTA COUNTY
Certain land in Wheatland Township, Mecosta County, Michigan described as:
A parcel of land in the 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”
29
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 Xxxx xxxx xx Xxxxxxx 00, X00X, X0X, between the
Southwest and Northwest corners of said section assumed as North.)
MONROE COUNTY
Certain land in Xxxxxxxxx Township, Monroe County, Michigan described as:
A parcel of land in the XX0/0 xx Xxxxxxx 00, X0X, X0X, 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 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 Xxxxxxx, Montmorency County, Michigan described as:
Xxx 00 xx Xxxxxxx Xxxxxxxxxx Xxxx, being a subdivision in the South 1/2
of the Xxxxxxxxx 0/0 xx Xxxxxxx 00, X00X, X0X, 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.
30
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.
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 Xxxxxxx 00, X00X, X00X.
XXXXXX XXXXXX
Certain land in West Branch Township, Ogemaw County, Michigan described as:
The South 660 feet of the East 660 feet of the NE 1/4 of the NE 1/4 of
Section 33, T22N, R2E.
OSCEOLA COUNTY
Certain land in Xxxxxx Township, Osceola County, Michigan described as:
A parcel of land in the North 1/2 of the Xxxxxxxxx 0/0 xx Xxxxxxx 00,
X00X, X0X, 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 Xxxxxx Township, Oscoda County, Michigan described as:
The East 400 feet of the South 580 feet of the X 0/0 xx xxx XX 0/0 xx
Xxxxxxx 00, X00X, X0X.
31
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.
OTTAWA COUNTY
Certain land in Xxxxxxxx Township, Ottawa County, Michigan described as:
The North 660 feet of the West 660 feet of the NE 1/4 of the NW 1/4 of
Section 26, T7N, R15W.
PRESQUE ISLE COUNTY
Certain land in Xxxxxxx and Pulawski Townships, Presque Isle County, Michigan described as:
Part of the South half of the Xxxxxxxxx xxxxxxx, Xxxxxxx 00, X00X, X0X,
and part of the Xxxxxxxxx xxxxxxx, Xxxxxxx 00, X00X, X0X, 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 Xxxxxxx 00, Xxxxxxx
Xxxxxxxx, extended, in Xxxxxxx 00, X00X, X0X.
XXXXXXXXX XXXXXX
Xxxxxxx land in Xxxxxxx 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
32
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.
SAGINAW COUNTY
Certain land in Xxxxxx Township, Saginaw County, Michigan described as:
A parcel of land in the SW 1/4 of Section 13, T9N, R1E, described as
follows: To find the place of beginning of this description commence at the
Southwest corner of said section; run thence North along the West line of
said section 1581.4 feet to the place of beginning of this description;
thence continuing North along said West line of said section 230 feet to the
center line of a creek; thence S 70 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 Xxxxx Township, Shiawassee County, Michigan described as:
The South 330 feet of the X 0/0 xx xxx XX 0/0 xx Xxxxxxx 00, X0X, X0X.
ST. CLAIR COUNTY
Certain land in Xxx Township, St. Clair County, Michigan described as:
The N 1/2 of the NW 1/4 of the XX 0/0 xx Xxxxxxx 0, X0X, X00X.
33
ST. XXXXXX COUNTY
Certain land in Mendon Township, St. Xxxxxx County, Michigan described as:
The North 660 feet of the West 660 feet of the NW 1/4 of XX 0/0,
Xxxxxxx 00, X0X, X00X.
XXXXXXX XXXXXX
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 Xxxxxxxxx xxxxxx xx Xxxxxxx 0, X0X, X0X,
thence S 89 degrees 55’ 35” W along the South line of said 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
34
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
degrees22’ 20” W, 660 feet; thence S 86 degrees 36’ 57” W, 660.91 feet to
the place of beginning.
XXXXX COUNTY
Certain land in Livonia City, Xxxxx County, Michigan described as:
Commencing at the Xxxxxxxxx xxxxxx xx Xxxxxxx 0, X0X, X0X; 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)(aaaa).
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 The Bank of New York Mellon, 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 Vice President, in several counterparts, all as of the day and year first
above written.
35
| CONSUMERS ENERGY COMPANY | ||||
(SEAL)
|
By: | /s/ Xxxxx X. Xxxxxxxxxxx | ||
| Name: Xxxxx X. Xxxxxxxxxxx | ||||
Attest:
|
Title: Vice President and Treasurer | |||
| /s/ Xxxx X. Xxxxxx | ||||
| Xxxx X. Xxxxxx | ||||
| Assistant Secretary | ||||
| Signed, sealed and delivered by CONSUMERS ENERGY COMPANY in the presence of |
||||
| /s/ Xxxxxxxx X. Xxxxxx | ||||
| Xxxxxxxx X. Xxxxxx | ||||
| /s/ Xxxxxx X. Xxxxxx | ||||
| Xxxxxx X. Xxxxxx | ||||
STATE OF MICHIGAN
|
) | |||||
| ss. | ||||||
COUNTY OF XXXXXXX
|
) | |||||
The foregoing instrument was acknowledged before me this 31st day of March, 2011, by Xxxxx X.
Xxxxxxxxxxx, Vice President and Treasurer of CONSUMERS ENERGY COMPANY, a Michigan corporation, on
behalf of the corporation.
| [SEAL] | /s/ Xxxxxxxx Xxxxxxx | |||
| Xxxxxxxx Xxxxxxx, Notary Public State of Michigan, County of Xxxxxxx My Commission Expires: June 14, 2016 Acting in the County of Xxxxxxx |
||||
S-1
| THE BANK OF NEW YORK MELLON,
AS TRUSTEE |
||||
| (SEAL) | By: | /s/ X. X’Xxxxx | ||
| X. X’Xxxxx A/K/A Xxxxxxxx X'Xxxxx | ||||
| Attest: | Vice President | |||
| /s/ Xxxxxxxx Xxxxx | ||||
| Xxxxxxxx Xxxxx | ||||
Signed, sealed and delivered
by THE BANK OF NEW YORK MELLON
in the presence of
by THE BANK OF NEW YORK MELLON
in the presence of
| /s/ Xxxxxxx X. Xxxxx | ||||
| Xxxxxxx X. Xxxxx | ||||
| /s/ Xxxxxxxx Xxxxxxx | ||||
| Xxxxxxxx Xxxxxxx | ||||
STATE
OF NEW YORK COUNTY OF NEW YORK |
) ss. ) |
The foregoing instrument was acknowledged before me this 30th day of March 2011, by X. X’Xxxxx
a/k/a Xxxxxxxx X’Xxxxx, a Vice President of THE BANK OF NEW YORK MELLON, a New York banking
corporation, on behalf of the bank, as trustee.
| /s/ Xxxxxx X. Xxxxxx | ||||
| Xxxxxx X. Xxxxxx | ||||
| Notary Public, State of New York No. 01MA6220648 Qualified in Westchester County Commission Expires April 19, 2014 |
||||
Prepared by: |
When recorded, return to: | |
Xxxxxxxx X. Xxxxxx |
Consumers Energy Company | |
One Energy Plaza |
Business Services Real Xxxxxx Xxxx. | |
Xxxxxxx, XX 00000 |
Attn: Xxxxx Xxxxxxxx, XX0-000 | |
| Xxx Xxxxxx Xxxxx | ||
| Xxxxxxx, XX 00000 |
S-2
