CO129-336 - Governor Nathan & Public Offices - 1906 [11-12] — Page 456

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

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the survey limit (together with corresponding title deeds) are to be transmitted by the Railway Head Office under the direction of the Viceroy to the local Agent of the Corporation for record and preservation in its office in Hongkong and for the purpose of establishing the first mortgage security until the time when the same are to be retired to the Viceroy as hereinafter in this Article provided.

All lands, the title deeds of which are lodged with the Corporation as part of the first mortgage security of the Loan, shall not be disposed of in any way by hire, lease or sale to any party, for any purpose whatsoever, without the written consent of the Viceroy, except only in the event of the Imperial Chinese Government failing to pay the interest or principal of the Bonds and then in accordance with the powers in the deed of mortgage.

The lands thus bought shall be free from all encumbrances, liabilities and entanglements, and shall be conveyed by full and sufficient deeds of assignment according to Chinese law, all of which are to be kept and recorded in the Hongkong Office of the Corporation, and are to be held by it as a first mortgage security for the Bonds under the provisions of this Agreement until such time as principal and interest of the Bonds together with all indebtedness shall have been paid off, when the same shall then be returned to the Viceroy, except only in the case of the Imperial Chinese Government's failure to pay the interest or principal of the Bonds and consequent realisation under the powers of the mortgage security.

For the proper protection of the first mortgage security the Chinese Government undertakes that until the Bonds shall have been redeemed, no part of the lands comprised in the mortgage security of the Railway with its appurtenances shall be transferred or given to another party, or shall be injured, or that the rights of the first mortgage shall be in any way impaired, unless with the consent in writing of the Corporation which shall only be given if in the opinion of the Corporation the interests of the Bondholders will not be affected.

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451 * the survey limit (together with corresponding title deeds) are to be transmitted by the Railway Head Office under the direction of the Viceroy to the local Agent of the Corporation for record and preservation in its office in Hongkong and for the purpose of establishing the first mortgage security until the time when the same are to be retired to the Viceroy as hereinafter in this Article provided. All lands, the title deeds of which are lodged with the Corporation as part of the first mortgage security of the Loan, shall not be disposed of in any way by hire, lease or sale to any party, for any purpose whatsoever, without the written consent of the Viceroy, except only in the event of the Imperial Chinese Government failing to pay the interest or principal of the Bonds and then in accordance with the powers in the deed of mortgage. The lands thus bought shall be free from all encumbrances, liabilities and entanglements, and shall be conveyed by full and sufficient deeds of assignment according to Chinese law, all of which are to be kept and recorded in the Hongkong Office of the Corporation, and are to be held by it as a first mortgage security for the Bonds under the provisions of this Agreement until such time as principal and interest of the Bonds together with all indebtedness shall have been paid off, when the same shall then be returned to the Viceroy, except only in the case of the Imperial Chinese Government's failure to pay the interest or principal of the Bonds and consequent realisation under the powers of the mortgage security. For the proper protection of the first mortgage security the Chinese Government undertakes that until the Bonds shall have been redeemed, no part of the lands comprised in the mortgage security of the Railway with its appurtenances shall be transferred or given to another party, or shall be injured, or that the rights of the first mortgage shall be in any way impaired, unless with the consent in writing of the Corporation which shall only be given if in the opinion of the Corporation the interests of the Bondholders will not be affected. And
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451 * the survey limit (together with corresponding title deeds) are to be transmitted oy the Railway dead Office under the direction of the Viceroy to the local Agent of the Corporation for record and preser- vation in its office in Hongkong and for the parouse of establishing the first mortgese security antil the time when the sane are to be retired to the Viceroy as hereinafter in this Article provided, All lands, the tile deeds of which are lodged with the Corporation as part of the first mortgage security of the Loan, shell not be disposed of in any way by hire, lease.or sale to eny party, for any ouroose whatsoever, without the written consent of the Viceroy, except only in the event of the Imperial Chinese Govern- meat falling to pay the laserest or principal of the Eonds and then in accordance with the powers in the deed of mortgage. The lands thus bouent shall be free from all ancumbrances, liabilities end entanglements, and shell be conveyed by fuil and sufficient deeds of assignment according to Chinese law, all of which ere to be kept and recorded in the fongkong Office of the Corporation, and are to be held by it as a first morbéɛge security for Lae Bonds ander the o rovisions of this Agreement until such time as principal and interest of the Eoads together wita ell indebted- ness shall neve been paid off, when the same shall then be returaed to the Viceroy, except only in the case of the Imperial Chinese Covernment's failure to oey the interest or princioal of the Eonds and consequent realisation under the powers of the mortgage security For the proper protection of the first mortgage security the Chinese Coveraneat undertakes that until the Fonds shall have been redeaned, no part of the leads comprised in the mortgage security of the Railway with its appurtenances shall be transferred or given to another percy, or shall be injured, or that the rights of the first nortgage shall be in any way impaired, unless with the consent in writing of the Corporation which shall only be given if in the opinion of the Corporation the interests of the Eondholders will not be affected. And
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451

*

the survey limit (together with corresponding title deeds) are to be

transmitted oy the Railway dead Office under the direction of the

Viceroy to the local Agent of the Corporation for record and preser-

vation in its office in Hongkong and for the parouse of establishing

the first mortgese security antil the time when the sane are to be

retired to the Viceroy as hereinafter in this Article provided,

All lands, the tile deeds of which are lodged with the

Corporation as part of the first mortgage security of the Loan,

shell not be disposed of in any way by hire, lease.or sale to eny

party, for any ouroose whatsoever, without the written consent of

the Viceroy, except only in the event of the Imperial Chinese Govern-

meat falling to pay the laserest or principal of the Eonds and then

in accordance with the powers in the deed of mortgage.

The lands thus bouent shall be free from all ancumbrances,

liabilities end entanglements, and shell be conveyed by fuil and

sufficient deeds of assignment according to Chinese law, all of

which ere to be kept and recorded in the fongkong Office of the

Corporation, and are to be held by it as a first morbéɛge security

for Lae Bonds ander the o rovisions of this Agreement until such time

as principal and interest of the Eoads together wita ell indebted-

ness shall neve been paid off, when the same shall then be returaed

to the Viceroy, except only in the case of the Imperial Chinese

Covernment's failure to oey the interest or princioal of the Eonds

and consequent realisation under the powers of the mortgage security

For the proper protection of the first mortgage security

the Chinese Coveraneat undertakes that until the Fonds shall have

been redeaned, no part of the leads comprised in the mortgage

security of the Railway with its appurtenances shall be transferred

or given to another percy, or shall be injured, or that the rights

of the first nortgage shall be in any way impaired, unless with the

consent in writing of the Corporation which shall only be given if

in the opinion of the Corporation the interests of the Eondholders

will not be affected.

And

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