125 - Definitions.

§  125.  Definitions.  As  used  in  this  article, unless the context  requires otherwise:    1. "Mortgage investments" shall mean and include any  and  all  shares  and  interests,  heretofore or hereafter acquired, in an issue of bonds,  notes or other evidence of indebtedness  of  individuals,  partnerships,  associations  or  corporations, held by more than one person and secured  by a mortgage or mortgages upon real property, or by a deed or deeds  of  trust,  trust  indenture  or indentures or other evidence of interest in  real property, the payment of which is not guaranteed by any  title  and  mortgage  guaranty  corporation  or investment company and shall include  certificates of deposit  issued  by  or  on  behalf  of  a  bondholders'  protective committee or similar group and also any bonds, notes or other  evidences  of  indebtedness  taken  in  lieu  of  such  real property by  foreclosure or otherwise, provided, however, that it shall  not  include  industrial   securities.  The  term  "industrial  securities"  shall  be  construed to mean the bonds, debentures, notes  or  other  evidences  of  indebtedness  of individuals, partnerships, associations or corporations  not engaged in the business  of  owning,  improving  or  operating  real  property  but  whose  ownership  of  such  real property shall be merely  incidental to the operation and conduct of its business and  which  real  property  shall  be  used as incidental and additional security for such  bonds, notes, debentures or other evidences of indebtedness.    2. "Bondholder" shall mean and include any person,  firm,  association  or corporation owning or holding a mortgage investment.    3.  "Trustee"  shall mean and include any person, firm, association or  corporation named, appointed or designated as such in any deed of trust,  trust indenture or other similar instrument or  any  successor  of  such  trustee.    4.  "Committee"  shall  mean and include a person or group of persons,  however known or designated, appointed by agreement, assignment,  proxy,  consent,  authorization,  power of attorney, or other similar instrument  to act as an agency to receive and hold mortgage  investments  deposited  by  bondholders  and  to administer or do any act in respect to the same  for the bondholders.    5. "Deposit agreement" shall include any agreement, assignment, proxy,  consent, authorization, power of attorney or  other  similar  instrument  whereby  a  mortgage  investment  is  deposited  with  or  assigned to a  committee.    6. "Depositary" shall mean and include any person,  firm,  association  or  corporation  designated  in  any  trust indenture, deed of trust, or  deposit  agreement  as  the  custodian   or   depositary   of   mortgage  investments.    7.  "Property"  shall mean and include all of the real property or any  incidental personal property constituting the  underlying  security  for  mortgage investments.    8. "Court," unless some other court has jurisdiction over the property  or  a  plan  of reorganization therefor, shall mean the supreme court of  the state of New York in the county in which the property or  the  major  portion  thereof  is located, or, if the property be located outside the  state, in the county of the state in which  the  committee,  trustee  or  other  person  dealing  with  the mortgage investment has or proposes to  have his principal office for the transaction of business  with  respect  to such mortgage investment.