THIS INDENTURE, made this second day of June, in
the year of our Lord One Thousand Eight Hundred and
Ninety, between-the Chicago, St. Louis and New Orleans
Railroad Company, a corporation created by and organized
under the laws of the States of Louisiana, Mississippi,
Tennessee and Kentucky, party of the first part, and
Stuyvesant Fish and Walther Luttgen, of New York,
Trustees, parties of the second part,
WITNESSETH :
Whereas, the party of the first part, by virtue of the
power and authority conferred by an Act of the General
Assembly of the State of Kentucky, entitled "An Act
authorizing the Chicago, St. Louis and New Orleans Rail¬
road Company and the Illinois Central Railroad Company,
or either of them separately, to build and maintain a rail¬
road bridge across the Ohio River," approved March 29,
1886, has constructed and is now the owner of the railroad
bridge across the Ohio River hereinafter described;
And whereas, The party of the first part has also con¬
structed, at or near the northern terminus of its railroad at
East Cairo, in Ballard County, in the State of Kentucky,
an incline or approach from its yard or station grounds at
East Cairo aforesaid, to its said railroad bridge across the
Ohio River, which said incline or approach is hereinafter
more particularly described;
And whereas, By an indenture of lease bearing date
the second day of June, A. D. 1890, the party of the first
part demised and leased to the Illinois Central Railroad
Company, a corporation created by and organized under
the laws of the State of Illinois, its said railroad bridge
across the Ohio River, for a term of years commencing at
the date of the said indenture of lease, and terminating on
2
the first day of July, A. D. 2282, the said lessee yielding
and paying as rent for the said demised premises the fixed
annnal sum of one hundred and seventy thousand dollars,
in addition to all taxes and assessments that may be law¬
fully levied or assessed during the continuance of said
lease on the said demised premises;
And whereas, The party of the first part, by an¬
other indenture of lease, bearing date the second day of
June, A. D. 1890, also demised and leased to the said Illi¬
nois Central Railroad Company its said incline or approach
from its yard or station grounds at East Cairo, in Ballard
County, in the State of Kentucky, to the railroad bridge of
the party of the first part across the Ohio River, hereinbe¬
fore mentioned, for a term of years commencing at the date
of the said indenture of lease, and terminating on the first day
of July, A. 13. 2282, the said lessee yielding and paying as
rent for the said demised premises the fixed annual sum of
ten thousand dollars, in addition to all taxes and assess¬
ments that may be lawfully levied or assessed during the
continuance of said lease on the said demised premises;
And whereas, By virtue of a supplemental agreement"
between the party of the first part and the said Illinois
Central Railroad Company, the rents reserved in and by
the two indentures of lease last above referred to, amount¬
ing in the aggregate to the fixed annual sum of one hundred
and eighty thousand dollars, are made payable in gold coin
of the United States of the present standard of weight and
fineness, during the continuance of the several terms lim¬
ited and defined in the said indentures;
And whereas, The party of the first part, for the pur¬
pose of providing necessary funds for the construction of
the said bridge and the incline or approach thereto, has
made and issued its certain bonds or obligations to the
amount of Three Million Dollars—the said bonds being
three thousand in number, and numbered consecutively
from No. 1 to No. 3,000, each of them being for the sum of
one thousand dollars, and bearing date the second day of
3
June, A. D. 1890, and being payable in the city of New
York on the first day of December, in the year of our Lord,
1950, in gold coin of the United States of the present stand¬
ard of weight and fineness, and bearing interest at the rate
of five per centum per annum, payable semi-annually in
like gold coin, on the first days of June and December in
each year, upon presentation and surrender of the interest
coupons thereto annexed, and so long as the principal re¬
mains unpaid; all of which bonds are in the general form
and contain the provisions following, that is to say:
Total Issue, Three Millions of Dollars.
$1,000. UNITED STATES OP AMERICA. No....
States of Louisiana, Mississippi, Tennessee and Kentucky.
Chicago, St. Louis and New Orleaxs Railpoad
Compaxy.
Five Per Cent. First Mortgage Bridge Bond of 1950.
The Chicago, St. Louis and New Orleans Railroad Com¬
pany acknowledges itself indebted to the holder hereof,
in the sum of one thousand dollars, which it promises to
pay in gold coin of the United States, of the present stand¬
ard of weight and fineness, on the first day of December,
in the year 1950, in the City of New York, and to pay inter¬
est thereon at the rate of five per cent, per annum, payable
semi-annually in like gold coin, upon presentation and sur¬
render of the coupons hereto annexed, on the first days of
June and December in each year, as they respectively
become payable, and so long as the principal remains
unpaid.
The holder hereof may have the ownership of this bond
registered on the books of the said Railroad Company, such
registry being noted on the bond, after which no transfer
shall be valid unless made on the said books by the regis¬
tered holder in person or by his attorney duly authorized
4
and noted on the bond, but the same may be discharged
from registry by being in like manner transferred to bearer,
after which it shall be transferable by delivery. Or the
holder hereof may at any time surrender to the said Rail¬
road Company all the coupons hereto annexed, not then
due, for cancellation, and have this bond entered on the
Company's books as a registered bond; the surrender and
cancellation of the coupons shall be noted on the back
hereof, after which this bond shall finally cease to be trans¬
ferable by delivery, and become a registered bond, transfer¬
able only on the books of the Company, and the interest
thereon semi-annually, and the principal thereof when due
shall be payable only to the registered holder hereof, or
his legal representatives or assigns.
This is one of three thousand bonds of similar amount,
tenor and date, referred to in a mortgage made by the said
Chicago, St. Louis and New Orleans Railroad Company to
Stuyvesant Pish and Walther Luttgen, of fyhe City of New
York, Trustees, bearing even date herewith, to secure the
payment of such bonds, and when the certificate hereon
endorsed is signed by said Trustees it will be secured
thereby.
In witness whereof, The said Chicago, St. Louis and
New Orleans Railroad Company has caused its common
seal and the signatures of its President and Secretary to
be hereto affixed, the second day of June, 1890.
President.
Attest:
Secretary.
Coupon.
The Chicago, St. Louis and New Orleans Railroad Com¬
pany will pay bearer twenty-five dollars in gold coin in
New York on December (or June) first, , being six
months interest on its First Mortgage Bridge Bond.
$25. 1 No
Treasurer.
s
Trustees' Certificate.
The within is one of three thousand bonds of one thous¬
and dollars each, secured by a mortgage made by the
Chicago, St. Louis and New Orleans Railroad Company, to
the undersigned, as Trustees, dated the second day of June,
1890, and has been duly issued in pursuance of the trust
created and conditions contained in said mortgage.
Trustees.
And whereas, the party of the first part, being there¬
unto duly authorized, and acting pursuant to the resolution
of its Board of Directors, has determined, for the benefit
and security of all persons and bodies politic or corporate,
who are now or shall hereafter become holders of any of
the bonds or obligations above referred to or described, to
secure the payment of the principal and interest of the
said bonds by this mortgage or deed of trust:
To the end, therefore, of securing the payment of
the bonds hereinbefore mentioned, to the amount of three
million dollars, and the interest thereon, as the same shall
become payable, according to their tenor and effect, all of
which bonds are to be deemed equally secured by these
presents, without preference of one over the other; and in
consideration of one dollar, to it in hand paid by the parties
of the second part, the receipt of which is hereby ac¬
knowledged, the said party of the first part hath granted,
bargained and sold, and doth by these presents grant, bar¬
gain and sell, unto the parties of the second part, their
successors and assigns, the Railroad Bridge of the party of
the first part over and across the Ohio River, from the
Kentucky shore in Ballard County to the city of Cairo in the
State of Illinois, extending from the center of the stone
pier or abutment on the Kentucky shore, supporting the
east end of the east span of said Bridge (the same being a deck
6
span), to the boundary line between the States of Kentucky
and Illinois, on the northwesterly shore of the said River
Ohio, the length thereof being four thousand one hundred
and twenty-two (4,122) feet, more or less, together with all
the piers, substructure and superstructure thereto belong¬
ing, and also the Incline or Approach to the above-mentioned
Bridge on the Kentucky shore, the same being about seven
thousand eight hundred and fifty-six (7,856) feet in length,
as measured along the railroad track laid* thereon, and
extending from the yard or station grounds of the party of
the first part, in East Cairo, in the County of Ballard and
State of Kentucky, northerly, to the center of the stone
pier or abutment standing on or near the top of the bank
of the River Ohio on the Kentucky shore, which supports
the east end of the east span of the main Bridge across the
Ohio River above described, together with the landings,
piers, embankments, right-of-way, superstructure, railroad
tracks, switches and turn-outs, and all other fixtures and
property, real or personal, appurtenant to the premises
above described, and all the corporate rights, privileges and
franchises of the said party of the first part appertaining
to the same, or the construction, maintenance or use thereof,
and also the tolls, revenues and income to be had or de¬
rived therefrom, including the rents payable by the Illinois
Central Railroad Company for the use of the above
described premises, under and by virtue of the two several
indentures of lease, and the agreement supplemental thereto,
hereinbefore referred to.
To have and to hold, all and singular the above-
granted premises, and every part thereof, with the appur¬
tenances, (subject to the two indentures of lease made to
the Illinois Central Railroad Company hereinbefore par¬
ticularly mentioned), and also the aforesaid rents and
income thereof, unto the said parties of the second part,
their successors and assigns, in trust for the uses and pur¬
poses, and with the rights and powers, and subject to
7
the provisions, agreements, covenants and stipulations
hereinafter set forth and declared, that is to say:
I. The said party of the first part shall, in due season,
pay off and discharge, or cause to be paid off and dis¬
charged, all taxes and assessments, general or special, which
may from time to time be lawfully levied or imposed by com¬
petent authority upon the property and premises described
in this mortgage, or upon any part thereof, the lien
whereof might or could be held superior to the lien of the
said mortgage, so that the priority of this mortgage shall
at all times be duly maintained and preserved until all
the indebtedness secured thereby shall be fully paid and
satisfied.
II. All the rents to accrue from the Illinois Central
Railroad Company under and by virtue of the two indent¬
ures of lease and the agreement supplemental thereto
hereinbefore referred to, shall be held and bound by this
indenture, and shall be applied as follows:
First. To the payment of the interest on the bonds of
the party of the first part hereby secured, as the same shall
accrue, being a sum not exceeding one hundred and fifty
thousand dollars in gold coin per annum, until the interest
and principal of said bonds shall have been fully paid.
Second. The entire residue of the said rents remaining
after the payment of the semi-annual interest on the said
bonds, shall be paid over to the parties of the second part,
or their successors in trust, and, until December 1st, A. D.
1901, including the residue of the installment then payable,
shall be by them set apart and invested as a Contingent
Fund, to be used to meet extraordinary contingencies and
repair damages to the Railroad Bridge of the party of the
first part across the River Ohio above described and the
Kentucky approach thereto, arising from any extraordinary
casualty, or to rebuild the said Bridge or Approach, in case
it shall become necessary so to do.
Third. After December 1st, A. D. 1901, the residue of
the said rents remaining after the payment of the semi-an-
8
nual interest on the said bonds, shall, to the extent of
$20,000 in gold coin per annum, be set apart in equal semi¬
annual installments and invested by the said Trustees and
held by them as a Sinking Fund, to be used, with the accu¬
mulated interest thereon, for the sole purpose of paying
and retiring the said bonds at maturity, and the surplus
over and above the said $20,000 per annum shall be in¬
vested and held by the said Trustees as part of the Con¬
tingent Fund above provided for, until the fund accumu¬
lated for that purpose shall reach the sum of five hundred
thousand dollars ($500,000). After the said fund shall have
been made up to that amount, and so long as it shall remain
intact, the aforesaid surplus shall be regularly and promptly
paid over by the said Trustees to the party of the first
part, together with the interest accruing on the said Con¬
tingent Fund. But in case the said Contingent Fund shall
be depleted by expenditures rendered necessary in conse¬
quence of extraordinary casualties, or to rebuild the said
Bridge or the Approach thereto, the appropriation of the
said surplus to the said Contingent Fund shall be resumed
and continued until the deficiency shall be made good.
And it is hereby agreed that in case of any default in
payment of rents by the Illinois Central Railroad Company
under the two indentures of lease and the agreement sup¬
plemental thereto hereinbefore referred to, the parties of
the second part shall have each and every right against the
said Illinois Central Railroad Company thereunder that
the said Chicago, St. Louis and New Orleans Railroad
Company would itself have, and may enforce each and
every such right for the benefit of the bonds secured by
this mortgage.
III. The moneys received or held by the said parties of
the second part or their successors in trust for the said Con¬
tingent Fund and the said Sinking Fund, may be invested by
them in any well-secured interest-paying obligations of
the Chicago, St. Louis and New Orleans Railroad Company,
or of the Illinois Central Railroad Company, or in the well-
9
secured obligations of any other railroad company guar¬
anteed by either of said companies, or in any other securi¬
ties which may be lawfully selected for the investment of
trust funds. But the boards of directors of the two rail¬
road companies above mentioned shall have power to give
directions as to the selection of the securities in which the said
moneys shall be invested, and to change the investments from
time to time, as may be deemed expedient, and their con¬
current action in relation thereto shall be binding upon the
said parties of the second part and their successors in trust;
and the custody of all securities in which either of said
funds may be invested shall be confided to such person or
persons, corporation or corporations, as said two boards of
directors may appoint.
IV. In case the party of the first part shall find it neces¬
sary or desirable to materially alter, enlarge or strengthen
its said Railroad Bridge, or the Approach thereto, or any
part of either, or to lay one or more additional railroad
tracks thereon, the Contingent Fund, or any part thereof,
may be loaned to the party of the first part for that purpose:
Provided, That the Illinois Central Railroad Com¬
pany shall first assent to such improvements, and
agree to pay ten per cent, annually upon the cost
thereof, as additional rent for the premises demised
to that company by the two indentures of lease
hereinbefore referred to ; and, Provided further, That so
much of the additional rent so paid as shall be required for
that purpose, shall be applied in payment of the interest
accruing upon the sum so loaned, to be computed at the rate
of five per cent, per annum, and the remainder toward the
payment and extinguishment of the principal. When the
sum so loaned, with the interest thereon, shall be restored
to the said Contingent Fund, the additional rent to be there¬
after paid by the Illinois Central Railroad Company, on
account of the said improvements, may be reduced to five
per cent, upon the cost thereof.
10
V. Until default shall be made in the payment of the
principal or interest of the bonds hereinbefore described and
secured by this indenture, or some of them, or until default
shall be made in respect of something herein required or
agreed to be done, paid,'kept or performed by said party
of the first part, the said party of the first part, its lessees,
successors and assigns, shall be permitted to retain possession
of the Railroad Bridge and the Approach thereto herein¬
before described, and their appurtenances, and to use, man¬
age, operate, and enjoy the same, and to take, receive, and
dispose of all the income, revenues, tolls and profits thereof,
subject to the provisions of this indenture.
YI. In case default shall be made in the payment of the
principal of any of the bonds secured by this indenture,
according to their tenor, or in the payment of any
interest accruing thereon, or any interest warrant or
coupon issued for the payment thereof, at the time
the same shall become due, or in case of failure to ap¬
ply the rents received from the Illinois Central Railroad
Company to the creation of a Contingent Fund and Sink¬
ing Fund, as hereinbefore provided, or if default shall be
made in the performance or observance of any condition,
stipulation or * requirement, binding upon the said party of
the first part by the terms of this indenture, and such de¬
fault shall continue for the period of four calendar months,
then upon the requisition in writing by the holders of
one-fourth in amount of the said bonds unpaid and
outstanding, it shall be lawful for the said Trustees (the
same default continuing), personally, or by their author¬
ized attorneys or agents, to enter upon and take possession
of all and singular the premises hereby conveyed or intended
to be conveyed, and as attorneys in fact and agents of said
party of the first part, by themselves or their agents, to use,
operate and manage the same in such manner as they
shall judge the interests of the said bondholders may re¬
quire; and in such case the party of the first part doth
hereby covenant that it will, on request, peaceably surrey-
il
der to said Trustees or their agents, the possession of the
premises and all the property and effects which are in¬
tended to pass by this grant, with all books, papers, con¬
tracts, deeds, charters and other documents pertaining to
the premises hereby conveyed; and the said Trustees are
hereby authorized, on the continuance of said default, to
collect and receive the income, rents and profits of the said
premises, and after payment therefrom of all the expenses
incurred in the maintenance, management and operation
thereof and in the execution of this trust, apply the sur¬
plus, if any there be, to the payment of the interest which
shall have become or shall fall due upon any of the bonds
aforesaid, ratably, in the order in which it shall have
accrued, without discrimination or preference.
VII. In case default shall be made as aforesaid, and
continue as aforesaid, the said Trustees are hereby author¬
ized and empowered—if the laws of Kentucky then in force
shall not forbid the exercise of this power—upon such
requisition in writing as is hereinbefore specified, after en¬
try as aforesaid or without entry, to sell and dispose of
the Railroad Bridge and the Approach thereto hereinbefore
described, with their appurtenances, to the highest bidder,
at public auction, in the City of Chicago in the State of
Illinois, at such place in said city and at such time as they
may designate and appoint, having first given notice of the
place and time of such sale by advertisement, published not
less than three times a week for six consecutive weeks, in
one or more daily newspapers published in the cities of
Chicago and New York, and to adjourn the sale from time
to time, in their discretion, and if so adjourned, to make
the sale at the time and place to which the same may be so
adjourned; and to make and deliver to the purchaser or
purchasers thereof a good and sufficient deed or deeds of
conveyance in the law for the same in fee simple, which
sale and conveyance shall be a perpetual bar, both in law
and equity, against the said party of the first part, and
all other persons lawfully claiming or to claim the
12
said premises, or any part thereof, by, from, through
or under said party of the first part; and after
deducting from the proceeds of such sale the cost and ex¬
pense thereof, and enough to indemnify themselves for all
advances which may have been made, and against all
liabilities which may have been incurred in the execution
of this trust, as well as a reasonable compensation for their
services, the said Trustees shall apply the residue of the
said proceeds, together with all such sums as may or can
be realized from the Contingent and Sinking Funds then on
hand, or so much thereof as may be necessary, to the pay¬
ment, first, of the interest which shall be due upon any of
the aforesaid bonds, in the order in which it shall have
accrued; and next, to the payment of the principal of said
bonds then outstanding and remaining unpaid, whether
said bonds shall have become due or not, such payments to
be made ratably, without discrimination or preference; and
if there shall remain any surplus after payment of the said
bonds in full, both principal%and interest, the same shall be
paid over to the party of the first part, its successors or
assigns, and it is hereby declared that the purchaseror pur¬
chasers of the property sold and conveyed by the said
Trustees shall not be answerable for the application of the
purchase money.
VIII. In case default shall be made as aforesaid and
shall continue as aforesaid, it shall be lawful for the said
Trustee's, upon such requisition as is hereinbefore specified,
if they should deem it more safe or advantageous to bring
the premises to a judicial sale, or if the laws of Kentucky
then in force should not permit the exercise of the forego¬
ing power, to take appropriate legal proceedings to fore¬
close the equity of redemption of the party of the first part,
and of all persons having any legal or equitable rights or
interests in and to the premises hereby granted, and to
enforce the rights of the bondholders under this deed of
trust; and should the Trustees resort to such judicial pro¬
ceedings, it shall likewise be lawful for them, in the event
13
y
aforesaid, to declare the principal of all the said bonds
then unpaid and outstanding immediately due and pay¬
able, and the same shall thereupon, as against the said
party of the first part, its successors and assigns,
become immediately due and payable, anything contained
in said bonds to the contrary notwithstanding. The pro¬
ceeds of sale, in the event of such foreclosure, shall, after
such deduction as may be necessary for the expenses
of the trust and the cost of the proceedings and sale, and
for indemnity to the Trustees as provided in the preceding
paragraph, be appropriated and applied in the manner in
that paragraph directed in case of a sale pursuant to the
power thereby conferred.
IX. It is further understood and agreed, that the
parties of the second part and their successors may, in their
discretion, on the request of the party of the first part, con¬
sent to any change in the location of any part of the approach
to the railroad bridge hereby mortgaged, or the sale or ex¬
change for other property of any part of the said approach
which may not be needed for that purpose, and to execute
all necessary releases of the same.
X. And the said party of the first part further cove¬
nants and agrees with the said parties of the second part,
that it will, at any and all times hereafter, at the request
of the said Trustees, make, execute, acknowledge and
deliver all such further deeds, conveyances and assurances
in the law, for the better assuring unto the said Trustees
and their successors in the trust hereby created, upon
the trusts herein expressed, the premises and property
hereinbefore granted or intended to be granted, with their
appurtenances, as by the said Trustees, or the survivor of
them, or their successors, or by their or his counsel
learned in the law, shall be reasonably advised, devised
or required.
XI. In case, at any time hereafter, either of the said
Trustees, or any Trustee hereafter appointed, shall die,
resign, or from any cause become incapable of acting in said
14
trust, a successor of said Trustee shall be appointed by the
surviving or continuing Trustee; or, if the trust be wholly
vacant, then, upon the application of any person interested^
and notice to the said party of the first part, by any Judge
of the Circuit Court or District Court of the United States
for the judicial district in which the aforesaid railroad
bridge is situated; and the Trustee so appointed by the sur¬
viving or continuing Trustee, with such surviving or con¬
tinuing Trustee, or the Trustees so appointed by the said
Circuit or District Judge, as the case may be, shall thereupon
become vested with all the premises, authority and estate
granted to and conferred upon the parties of the second part
by these presents, as fully, to all intents and purposes, as
if he or they had been an original party hereto; and it is
mutually agreed and declared by the parties hereto, that
the word "Trustees,"' as used in these presents, shall be con¬
strued to mean the Trustees for the time being, whether both
or one be original or new, and whenever a vacancy shall
exist to mean the surviving or continuing Trustee; and such
surviving or continuing Trustee shall, during such vacancy,
be competent to exercise all the powers granted by these
presents to the parties of the second part.
XII. No Trustee shall be required to take any step in
the execution of this trust likely to subject him to expense,
unless the holders of said bonds, or some of them, shall
give sufficient security to indemnify such Trustee from any
such liability; and the said Trustees shall be at liberty to
employ counsel learned in the law, in all suitable cases,
whose reasonable fees shall be a proper charge in their
accounts. And it is hereby further provided, that the said
Trustees shall neither of them be individually liable for the
neglect or default of any co-trustee, or of any agent by them
appointed, when such agent shall have been employed with
reasonable discretion, but shall only be required to exercise
good faith and ordinary prudence and diligence in the per¬
formance of their respective duties.
15
XIII. Upon the payment by the party of the first part,
its successors or assigns, of the principal and interest of
the aforesaid bonds according to their tenor and effect, the
trusts hereby created shall cease, and the estate granted to
the said parties of the second part shall become void, and
the premises and property hereby conveyed shall revert to
and revest in said party of the first part, its successors or
assigns, without any release, reconveyance, or other act.
XIY. The parties of the second part severally accept
the trusts created by these presents, and covenant with the
party of the first part that they will execute the same
according to the true meaning and intent of this indenture.
In Witness Whereof, the said Chicago, St. Louis and
New Orleans Railroad Company has caused these presents
to be subscribed by its Vice-President, and its corporate
seal, attested by its Secretary, to be hereunto affixed, and
the said parties of the second part have hereunto set their
hands aid seals, as of the day and year first above written.
CHICAGO, ST. LOUIS & NEW ORLEANS RAILROAD
COMPANY.
By
[seal.]
Attest :
A. G. Hackstaef,
Secretary.
Stuyvesant Fish, [seal.]
W. Luttgen, [seal.]
\
Trustees,
J. C. Welling,
Vice-President.
16
State of Illinois, (
County of Cook, \
I, Philip A. Hoyne, a Commissioner of the State of
Kentucky, in and for the State of Illinois, residing in the
City of Chicago in said County of Cook, do hereby certify
that the foregoing instrument in writing, from the Chicago,
St. Louis and New Orleans Railroad Company to Stuyvesant
Fish and Walther Luttgen, Trustees, was this day pro¬
duced to me in said City of Chicago, by John C. Welling,
Vice-President of the said Chicago, St. Louis and New
Orleans Railroad Company, personally known to me to be
the Vice-President of said Company, and the-same person
who executed the said instrument as such Vice-President,
who acknowledged that he voluntarily executed and de¬
livered the same as the free act and deed of the said
Chicago, St. Louis and New Orleans Railroad Company,
for the purposes therein mentioned, and consented that
the same might be recorded.
Given under my hand and seal of office, this 23rd day
of April, A. D. 1892.
[seal] Philip A. Hoyne.
A Commissioner of the State of Kentucky,
in the City of Chicago, County of Cook, State of Illinois,
17
State of New Yoek, )
City and County of New Yoek, j
I, George H. Corey, a Commissioner of the State of
Kentucky, in and for the State of New York, residing in
said City of New York, do hereby certify that the foregoing
instrument in writing, from the Chicago, St. Louis and
New Orleans Railroad Company to Stuyvesant Fish and
Walther Luttgen, Trustees, was this day produced to me in
said City, County and State of New York, by Alexander G.
Hackstaff, Secretary of the said Chicago, St. Louis and
New Orleans Railroad Company, personally known to me
to be the Secretary of said Company, and the same person
who executed the said instrument as such Secretary, who
acknowledged that he voluntarily executed and delivered
the same as the free act and deed of the said Chicago, St.
Louis and New Orleans Railroad Company, for the purposes
therein mentioned, and consented that the same might be
recorded.
Given under my hand and seal of office, this 21st day
of April, A. D. 1892.
[seal] Geoeoe H. Coeey,
A Commissioner of the State of
Kentucky, in the State and City of New York;
18
State of New York, )
City and County of New York, j
I, George H. Corey, a Commissioner of the State of Ken¬
tucky, in and for the State of New York, residing in said
City of New York, do hereby certify that the foregoing
instrument in writing, from the Chicago, St. Louis and New
Orleans Kailroad Company to Stuyvesant Fish and Walther
Luttgen, Trustees, was this day produced to me in said
City, County, and State of New York by Stuyvesant Fish
and Walther Luttgen, the Trustees named therein, who are
personally known to me to be the same persons who exe¬
cuted the said instrument as such Trustees, and severally
acknowledged that they voluntarily executed the same as
their free act and deed, and consented that the same might
be recorded.
Given under my hand and seal of office, this 21st day
of April, A. D. 1892.
[seal] George H. Corey.
A Commissioner of the State of
Kentucky, in the State and City of New York.
19
State oe Kentucky,
County oe Ballard,
}
ss.
I, Sam. J. Moore, Clerk of the County Court of County
and State aforesaid, do certify that the foregoing instru¬
ment of writing from the Chicago, St. Louis and New
Orleans Railroad Company to Stuyvesant Fish and
Walther Luttgen, Trustees, was on the 26th day of April,
1892, lodged to be and is with this and the several certifi¬
cates thereto attached duly recorded in my office in Mort¬
gage Book J, on pages 1 to 19.
Civ en under my hand this 27th day of April, 1892.
Sam. J. Moore,
q. b. a a
By W. Y. Husbands, d. c.
/- 3o D ,
--AÏ
This Indenture, made this 22nd day of May, 1919, by and
between Clinton Ledyard Blair, of Peapaek, New Jersey, and
John Insley Blair, of Tuxedo Park, New York, parties of the
first part, collectively hereinafter called the Grantors, and the
Dubuque and Sioux City Railroad Company, party of the sec¬
ond part, hereinafter called the Railroad Company, successor
in title to the Iowa Palls and Sioux City Railroad Company,
hereinafter called the Mortgagor, both corporations created
under and by virtue of the laws of the State of Iowa, Witnesseth :
Whereas, on May 1, 1869, the Mortgagor executed a mort¬
gage deed or deed of trust, as party of the first part, to Oakes
Ames, of North Easton, Massachusetts, and John I. Blair, of
Blairstown, New Jersey, parties of the second part, which re¬
cited that the Mortgagor had made and executed three thousand,
two hundred and fifty (3,250) bonds, all dated May 1, 1869,
payable to the said Oakes Ames and John I. Blair or bearer,
two thousand, seven hundred and fifty (2,750) of which, num¬
bered 1 to 2,750, inclusive, were for the sum of One Thousand
Dollars ($1,000.00) each, and five hundred (500) of which,
numbered from 1 to 500, inclusive, were for the sum of Five
Hundred Dollars ($500.00) each, the principal of all of which
said bonds in the aggregate, amounting to the sum of Three
Million Dollars ($3,000,000.00), was payable at the National
Park Bank, or at the agency of the Mortgagor in the City of
New York, on the first day of October, 1917, with seven per
cent. (7%) interest thereon, payable on the first days of April
and October in each year, upon the presentation and surrender
of the coupons or interest warrants attached to said bonds, and
that the mortgagor intended to issue said bonds, or so many of
them, from time to time, as it might be necessary for it to issue
to complete its railroad, and in and by which mortgage deed
or deed of trust for the purpose of securing the said bonds
the Mortgagor bargained, sold, conveyed, assigned, transferred
2
and set over unto the said Ames and Blair, their successors
and assigns forever, the railroad of the Mortgagor from the
then western terminus of the Dubuque and Sioux City Railroad
at Iowa Falls, in the County of Hardin, and State of Iowa,
through the Counties of Hardin, Hamilton, Webster, Calhoun,
Pocahontas, Buena Vista, Cherokee, Plymouth and Woodbury,
to Sioux City, in the County of Woodbury, a distance of one
hundred and eighty-eight miles, or thereabouts, together with
all and singular the railroads, railways, rails, turnouts and side
tracks, bridges, fences, fixtures, buildings, lands for tracks, de¬
pots, tenements, appendages and appurtenances then owned or
thereafter to be acquired by the Mortgagor, also all railway
depots, or stations, with the buildings and fixtures thereon
erected or to be erected, and all the chartered rights, franchises
and privileges of the Mortgagor, and all the estate, right, title
and interest, property, claim and demand, as well at law as
in equity of the Mortgagor to the same and to every part and
parcel thereof, to have and to hold, all and singular the said
premises to the said Oakes Ames and John I. Blair, and to the
survivor of them, as joint tenants and not as tenants in com¬
mon, and to their successors and assigns forever, provisions
being contained in the said instrument for the sale of the mort¬
gaged property in case of default and the application of the
proceeds for the satisfaction of the bonds thereby secured ;
And whereas, the said conveyance was made upon the ex¬
press condition and limitation that if the Mortgagor, its suc¬
cessors or assigns, should well and truly pay or cause to be
paid unto the person or persons, bodies politic or corporate,
who should become the holders of the bonds to be issued, the
several and respective sums, for payment whereof the said
bonds were issued, at the time the same were made due and
payable, together with all interest due thereon, according to the
tenor thereof, without any deduction, defalcation or abatement
to be made of any part thereof for or in respect of any charges
or assessments whatsoever, then and from thenceforth as well
the said conveyance and the estate thereby granted as the said
3
bonds should become void and of no effect, anything therein con¬
tained to the contrary notwithstanding ;
And whereas, the Mortgagor issued all, or substantially all,
of said 3,250 bonds;
And whereas, the said Oakes Ames died before the said
John I. Blair, and by virtue of the provisions of the said instru¬
ment, the estate thereby conveyed became wholly vested in the
said John 1. Blair, the survivor of the said two Trustees.
And whereas, by the Last Will and Testament of the said
John I. Blair, now deceased, which was dated March 5, 1878, no
devise was made of the property originally conveyed to the said
Oakes Ames and the said John I. Blair, except by the residuary
clause of the said will, whereby all the rest and residue of the
estate of the said John I. Blair, whether real or personal, or of
whatsoever character it might be, or wheresoever it might be
situated, was given, devised and bequeathed unto the son of the
said testator, DeWitt Clinton Blair, to him and his heirs and
assigns forever;
And whereas, the said DeWitt Clinton Blair, who was a
resident of Belvidere, New Jersey, having survived the said
John I. Blair and succeeded to his residuary estate under the
said will, afterward departed this life on June 3, 1915, and by
his Last Will and Testament, dated October 25. 1906, devised
to his son, Clinton Ledyard Blair, an undivided one-sixth part
of his entire estate, and to his two sons, Clinton Ledyard Blair
and John Insley Blair, the rest, residue and remainder of all
the property, real, personal and mixed, of whatever kind or
wheresoever situated, of which the said DeWitt Clinton Blair
was possessed or seized or to which he might at his death be
in any manner entitled, no other disposition having been made
in the said Last Will and Testament of the said DeWitt Clinton
Blair of the interest or estate originally derived from the Iowa
Falls and Sioux City Railroad Company by the said Oakes
Ames and the said John I. Blair, of Blairstown, New Jersey.
4
And whereas, on October 23, 1888, the Iowa Falls & Sioux
City Railroad Company conveyed to the Dubuque & Sioux City
Railroad Company the mortgaged premises aforesaid, subject
however to the mortgage or deed of trust aforesaid, and on
January 1, 1919, the Dubuque & Sioux City Railroad Company
conveyed the said premises to the United States Trust Company
of New York, Trustee, by an indenture supplemental to an in¬
denture between the same parties dated February 1, 1895, to
secure a total issue of not to exceed ten million dollars par
value of bonds known as the Illinois Central Railroad Com¬
pany Western Lines First Mortgage Four Per Cent. Gold Bonds,
and all bonds issued under and secured by the said Mortgage
of May 1, 1869, have matured and with the exception of twenty-
five hundred dollars ($2,500.) principal amount thereof which
have not been presented, have been cancelled by the United
States Trust Company of New York, and a sufficient amount in
cash has been advanced by the Illinois Central Railroad Com¬
pany to the United States Trust Company of New York to pay
off and discharge the balance of the said $2,500. principal
amount of mortgage indebtedness so remaining unpaid to be
used and applied by the said Trustee for that purpose ;
Now, therefore, know all men by these presents that
the said parties of the first part, Clinton Ledyard Blair and
John Insley Blair, as successors in title to the said John I.
Blair, surviving trustee named in the said mortgage dated
May 1, 1869, in consideration of the premises and of the sum
of one dollar to each of us in hand paid, receipt whereof is
hereby confessed, do hereby convey, release and quit-claim unto
the said Dubuque & Sioux City Railroad Company all right,
title, interest, claim or demand whatsoever that the said Grant¬
ors may have acquired in, through or by the above mentioned
mortgage or deed of trust dated May 1, 1869, to the premises
therein described, to wit: the railroad formerly of the Iowa
Falls & Sioux City Railroad Company now of the Dubuque &
Sioux City Railroad Company from the former western ter¬
minus of the Dubuque & Sioux City Railroad, at Iowa Falls,
5
in the county of Hardin, and State of Iowa, through the coun¬
ties of Hardin, Hamilton, Webster, Calhoun, Pocahontas, Buena
Vista, Cherokee, Plymouth and Woodbury to Sioux City, in the
county of Woodbury, a distance of one hundred and eighty-
eight miles, or thereabouts, together with all and singular the
railroads, railways, rails, turn-outs and side-tracks, bridges,
fences, fixtures, buildings, lands for tracks, depots, tenements,
appendages and appurtenances formerly owned or at any time
acquired by the Iowa Falls & Sioux City Railroad Company or
the Dubuque & Sioux City Railroad Company ; also all railways,
depots or stations with the buildings and fixtures thereon erect¬
ed, and all the chartered rights, franchises and privileges for¬
merly of the Iowa Falls & Sioux City Railroad Company and
all the estate, right, title and interest, property, claim, and de¬
mand, as well at law as in equity of the said Grantors, parties
of the first part, to the same and to every part and parcel
thereof.
In order to facilitate the recording of this indenture, the
same may be simultaneously executed in any number of counter¬
parts, each of which so executed shall be deemed an original.
Witness our hands and seals the day and year first above
written.
Clinton Ledyard Blair [seal].
John Insley Blair [seal].
6
State of New York, J
County of New York,
On this 22nd day of May, 1919, before me, a Notary
Public in and for the City of New York in the said
State and County, in person came Clinton Ledyard Blair, who
is personally known to me to be the identical person whose
name is affixed to the foregoing deed, and he acknowledged that
he signed and executed the same as his voluntary act and deed
and in capacity as therein stated.
Witness my hand and notarial seal the day and year above
written.
Arthur P. Vermilye,
Notary Public, Westchester County.
Certificate filed in New York County No. 16.
New York Register No. 10020.
Term Expires March 30th, 1920.
[notarial seal.]
State of New York, ^
County of New York, ^ SS" '
On this 27th day of May, 1919, before me, a Notary
Public in and for the City of New York in the
said State and County, in person came John Insley Blair,
who is personally known to me to be the identical person whose
name is affixed to the foregoing deed, and he acknowledged that
he signed and executed the same as his voluntary act and deed
and in capacity as therein stated.
Witness my hand and notarial seal the day and year above
written.
George L. McCarthy,
Notary Public, Queens Co.,
Register No. 1189.
Certificate Filed in New York County.
Number in New York County 90.
Register's Number in New York County 10074.
[9615]
3 5556 042 153221
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