4o8 



1906, subject, however, to the terms of that certain deed of mortgage and 

 trust executed by said Paia Plantation to the Hawaiian Trust Company, 

 Limited, dated September 28, 1903, recorded in the office of the Registrar 

 of Conveyances, in Honohihi, Island of Oahu, Territory of Hawaii, in 

 Liber 251, on pages 179-208, to secure the payment of bonds issued there- 

 under ; 



EXCEPTING AND RESERVING unto said Paia Plantation, and 

 its successors and assigns, from the said surrendered premises and from 

 the operation of this surrender, however, all water rights, and the right 

 to develop for additional water in and upon said lands for any purpose 

 whatsoever ; 



And also full right of ingress and egress, and rights of wa\'' for 

 ditches, roads, pipe lines and tunnels and any other device for the purpose 

 of developing and removing said water, and doing any work incidental 

 thereto, said rights* of ingress and egress and rights of way to extend 

 from every point upon said lands to every place bounding said lands. 



And also the rieht to plant such trees and shrubs on said surrendered 

 lands as it, said Paia Plantation, may desire, and the right of ingress 

 and egress for that purpose ; 



And also the right to cut fence posts upon said lands for fencing any 

 of said surrendered lands, and the ritrht of ingress and egress for the pur- 

 pose of securingsuch fence posts, as well as of constructing such fences: 



And also the right to make economic use of the forest now or here- 

 after on said surrendered lands, subject to such reasonable rules and 

 regulations for the protection and development of the forest reserve here- 

 inafter provided for on said surrendered lands as may be made by the 

 Board of Agriculture and Forestry of said Territorv or such other de- 

 partment as may succeed to the functions of said Board, and also the 

 right to use and enjoy said surrendered lands for any purpose not in- 

 consistent with the establishment, use, maintenance and development here- 

 inafter provided for of said lands as a forest reserve, such use of said 

 forest and use and enjoyment of said surrendered lands to be made in 

 such manner that will not materially interfere with the conservation of 

 said water supply on said surrendered lands, as well as also the right 

 of ingress and egress for suclj purposes, such rights of ingress and egress 

 as well as all other rights of ingress and egress and rights of way herein 

 reserved to extend from every point upon said surrendered lands to every 

 place bounding said lands. 



And the said Paia Plantation covenants with said Territory of Ha- 

 waii that it, said Paia Plantation, will during said period of seventeen 

 years covered by this surrender, fence or cause to be fenced and will keep 

 fenced or cause to be kept fenced the lands of which the care, custody 

 and control are hereby surrendered along the makai boundary of said 

 forest reserve, the boundaries of which said forest reserve being the 

 same as the boundaries hereinbefore specificallv set forth, wherever it is 

 necessary so to do to exclude live stock from said forest reserve. 



