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0.10643 <br />property or assets owned by such corporation, even though such corporation has not assumed or <br />become liable for the payment of such obligations, (c) obligations created or arising under any condi.- <br />tional sale or other title retention agreement with respect to property acquired by such- corporation, <br />notwithstanding the fact that tile rights and remedies of the seller, lender or lessor 111.1der such <br />agreement in the event of 'default are limited to reposspssion or sale of property, (d),obligations in- <br />curred in connection with the acquisition of assets and .(e) all guarantees, endorsements (other than <br />for purposes of collection) ai�d'othcr contingent obligatio'ns in respect of, or to purchase or otherwise <br />acquire or service, indebtedness of others. <br />"Funded Debt" sliall mean all Indebtedness having a final maturity of more ' than one year from <br />the (late of creation thereof (oi- which is renewable or extendible at the option of the obligor for a pe <br />riod or periods more than onQ year from the date of creation), and s;liall also include any portion <br />thereof which is properly included in current liabilities. <br />"Secured Debt" sliall mean all Indebtedness secured by a mortgage (including -the Indenture), <br />charge, security interest, pledge or encumbrance of any kind on property oi- assets oi- by any title re- <br />tention agreement. <br />"Total Gipitalization" s,liall mean tile surn of (i) the total par or stated value of all classes of capi'_ <br />tal stock then issued and outstanding, (ii) all surplus other than surplus resulting from revaluation of <br />capital assets and (iii) all Funded Debt. <br />ARTICLE THREE <br />-noN 'irri- <br />Aimi , Al. Pitoi,i-. <br />SECTION 3.01. In consideration of the premises and -the suni of One Dollar in hand paid by the <br />Trustee to the Company upon the execution and delivery of this Eighth Supplemental Indentall * -c' the <br />receipt whereof is hereby acknowledged, and in order to.secure.payment of the principal of and inter-. <br />c . st oil all bonds issued under the Original Indenture as supplemented or amended by tile First,, - <br />Second, Third, Fourth, Fifth, Sixth and Seventh Supplemental Indentures and by this Eighth Supple-* <br />mental Indenture according ' to the tenor.or effect, of sucli bonds and the terills of tile Original Inden- <br />ture as supplemented by the First., Second, Third, Fourth, Fifth, Sixth and Seventh Supplemental <br />Indentures and by this Eighth Supplemental Indenture, the Company does hereby grarLt a security <br />interest to the Trustee and its successors in trust in all properties, goods, rights and privileges hereill- <br />afte -m Commercial <br />r described ill which a security interest call be created under the Nebraska Unifoi <br />Code, subject to the exceptions and reservations licrofnafter provided,:and has granted, bargained, <br />sold, warranted, conveyed, transferred, mortgaged, pledged and assigned and by these presents does <br />grant, bargain, sell, warrant, convey, transfer, mortgage, pledge and assign unto the-rrustee and its <br />siicces�ors in the said trust, subject to tile terms of dic Original Indenture, all and singular the proper-� <br />ties, rights, privileges, franchises and interests of every kind of the Company, whether now owned oil <br />hereafter acquired (except as herein otherwise expressly provided), including particularly the follow-; <br />ing, but reference to or enumeration of ally particular kind, class or item ' of property of tile Compan.Y� <br />shall not be deellied to exclude from the operation of this Eighth Supplemental Indenture any kind,j <br />class or itelli not so referred to or enumerated: <br />SUBDIVISION 1. <br />Ail, and singular the telephone systems and properties of the Company located ill and Con- <br />necting and serving tile following municipalities and territory adjacent thereto in tile Stale of INIc- <br />braska: Ayr, Hanson, Hastings, Juniata, Kenesaw, Pauline and Prosser, in Adams County; Abie, <br />Bellwood, Brainard, Bruno, David City, Dwight, Garrison, Octavia, Rising City and Surprise, in <br />Butler Colljlt,.Nr; Alvo Avocu, Cedar Creek, Eagle, Elrnwood, Greenwood, Louisville, Nlanicy, <br />.10 <br />