A
s
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This Indenture, 7nade the twentieth day of Angnst in
the year of our Lord one thousand eight hundred and
7iinety-six^betzveen the dubuque and sloux city rail¬
road Company, a corporation duly organized under and
in accordance zvith the laws of the State of lowa^ party of
the first part, and the united States Trust Company
of New York, a corporation duly organized under and in
accordance zvith the laws of the State of Nezv York,
party of the second part, witnesseth :
Whereas, The party of the first part, by indenture bear¬
ing date the first day of February, A. D. 1895, and recorded
in the office of the Recorder of Deeds of Blackhawk County,
in the State of Iowa, on the second day of March, 1895, in
Book 34 of Land Mortgages, at page 213, conveyed to the
party of the second part, its successors and assigns, that |)art
or section of its railroad, situated in the State of Iowa, com¬
mencing at the City of Dubuque, in the County of Dubuque,
and extending therefrom westerly to the east bank of the
Iowa River at or near Iowa Falls, in the County of Hardin,
together with all the appurtenances thereto belonging, and
the corporate rights, privileges and franchises of the party of
the first part appertaining to that part or section of the said
railroad, also all engines, tenders, cars and other rolling stock
and equipment then owned or which might be thereafter
acquired by the said party of the first part for use upon the
said railroad or in connection therewith, which said convey¬
ance was made to secure the payment of three thousand five
2
hundred and fifty (3550) negotiable coupon bonds of the
Illinois Central Railroad Company, for the sum of one thou¬
sand dollars each, and numbered consecutively from No. i
to No. 3550, both inclusive, all bearing date the first day of
February A. D. 1895, and made payable in'the City of New
York on the first day of August, 195 i, in gold coin of the
United States of America of the present standard of weight
and fineness, and bearing interest at the rate of four per
cent, per annum payable in like gold coin on the first days
of February and August in each year, until the principal
sum should be paid — as by the said indenture, reference
being had thereto, will more fully and at large appear.
And whereas, In and by Articles numbered II, III and
IV of the aforesaid indenture of February i, 1895, provision
is made as follows :
II. It is further understood and agreed that this inden-
" ture and the property and premises herein and hereby
mortgaged are to stand as security for the payment of
"additional negotiable coupon bonds of the said Illinois
" Central Railroad Company, to be numbered consecutively
"from No. 3551 to No. 8125, both inclusive, to the further
" amount, at their par or face value, of not exceeding four
" million five hundred and seventy-five thousand dollars
I
" ($4,575.000), in addition to the three thousand five hundred
"and fifty (3550) bonds for the sum of three million five
" hundred and fifty thousand dollars ($3,550,000), hereinbe-
" fore mentioned, if at any time hereafter the issue of such
" additional bonds shall be deemed necessary and proper by
" the said party of the first part and the said Illinois Central
" Railroad Company, to aid in refunding or securing the
" means to pay the indebtedness of the party of the first
3
''part, or to improve, extend or develop its railways ;
" vided^ the property described in and covered by the here-
" inbefore recited mortgage of May i, 1869, made by the
Iowa Falls & Sioux City Railroad Company to Oakes
"Ames and John I. Blair, to wit, that part of the main line
" of railway of the party of the first part, which extends from
"the east bank of the Iowa River at or near Iowa Falls, in
" the County of Hardin and State of Iowa, to Sioux City, in
" the County of Woodbury, in the same State, together with
"the franchises appertaining thereto, and the engines, cars
" and other rolling stock and equipment belonging to the
" said party of the first part, then owned or which may be
" thereafter acquired by it for use upon the said railway or
" in connection therewith, and which are not covered by the
" present indenture, shall be conveyed in trust or by mort-
" gage to the said party of the second part, or its successor
" in trust, free from all prior liens or incumbrances other
" than the aforesaid mortgage of May i, 1869, as a further
" security for the payment of all bonds issued or that' may
" be issued by the said Illinois Central Railroad Company as
" contemplated or provided in this indenture ; and provided^
" also^ that all the outstanding bonds issued under and
"secured by the said last mentioned mortgage of May i,
"1869, shall be delivered to the trustee hereunder to be can-
" celed. On compliance with these conditions, the addi-
" tional bonds referred to or provided for in this article, or
" so many of them as may at any time, or from time to time,
"be presented for that purpose, shall be authenticated and
" certified by the said trustee and delivered to the party of
" the first part. And if, in consequence of the loss or disap-
"pearance of some , of the bonds secured by the said mort-
4
gage of May, i, 1869, or the neglect of holders to present
the same for redemption, it shall be found impracticable to
^^pay off and satisfy all the indebtedness secured by that
mortgage, when the same shall have matured, the certifi-
" cation, issue and use of the said additional bonds above
referred to shall not be thereby postponed or prevented ;
"'provided, a sufficient amount in cash shall be advanced to
the party of the second part or its successor in trust, to pay
off and discharge the balance of the said mortgage indebt-
edness then remaining unpaid, to be used and applied by
the said trustee for that purpose. If this condition shall
be complied with, the effect shall be the same as if all the
outstanding bonds secured by the said mortgage of May i,
1869, had been redeemed and canceled. All bonds issued
under or secured by the said mortgage of May i, 1869, now
" outstanding, which shall be delivered to the said trustee
in compliance with the above condition, shall be forthwith
canceled, and be preserved in such canceled condition in
testimony of the fact ; and the party of tht first part shall,
*'as soon as practicable, cause the above mentioned mort-
gage of May i, 1869, to be released and discharged of
" record.
" III. It is also hereby mutually agreed and understood
"that this indenture and the property and premises herein
" and hereby mortgaged are to stand as security for the pay-
" ment of additional coupon bonds of the said Illinois Cen-
"tral Railroad Company, to be numbered consecutively
"from No. 8,126 to No. 10,000, both inclusive, to the further
" amount at their par or face value of not exceeding one
" million eight hundred and seventy-five thousand dollars
"($1,875,000), if at any time hereafter the issue of such
5
additional bonds shall be deemed necessary and proper by ^
the party of the first part and the said Illinois Central
Railroad Company, for the purposes mentioned in the pre-
ceding article ; provided^ that the corporation, person or
" persons, then owning the railroad hereinbefore described,
now belonging to the Cedar Falls & Minnesota Railroad
^'Company, extending from the junction of the same with
the main line of railway of the party of the first part, near
Cedar Falls, in the County of Blackhawk and State of Iowa,
to the south line of the State of Minnesota, shall convey
the same, with all its appurtenances, by a valid mortgage
" or deed of trust, to the said party of the second part, or its
successor in trust, free from all prior liens and incum-
brances, as a further security for the payment of the bonds
issued or that may be issued by the said Illinois Central
Railroad Company as contemplated or provided in this
indenture. On compliance with this condition, the addi-
tional bonds referred to or provided for in this article, or
so many of them as may at any time, or from time to time,
be presented for that purpose, shall be authenticated and
certified by the said trustee and delivered to the party of
the first part.
lY. In case of the issue of additional bonds by the said
Illinois Central Railroad Company pursuant to the provi-
" sions of the two preceding articles of this indenture, or
either of them, it is understood and agreed that each of
such additional bonds shall be for the same amount and of
the same tenor as the three thousand five hundred ^nd fifty
''(3550) bonds hereinbefore particularly described; and all
the bonds issued and authenticated pursuant to the pro-
visions of this instrument are to be deemed and treated as
6
equally secured by any future mortgage or deed of trust
which may be at any time made in compliance with or in
conformity to the conditions or provisions hereinbefore
" contained, as well as by this present indenture, without
regard to the time or times when the said bonds or any of
" them shall have been actually issued, and without any dis-
crimination or preference of one over another."
And whereas, The party of the first part has'acquired
title to the railroad referred to in the said Article III of the
aforesaid indenture, formerly belonging to the Cedar Falls
and Minnesota Railroad Company, extending from the junc¬
tion of the same with the main line of railway of the party
of the first part near Cedar Falls, in the County of Black-
hawk and State of Iowa to the south line of the State of
Minnesota, and is now lawfully seized and possessed of the
said railroad and its appurtenances, as of a. good, sure, per¬
fect and indefeasible estate in law in fee simple, free from
all adverse claims and encumbrances.
And whereas. The said Illinois Central Railroad Com¬
pany has, at the request of the party of the first part, and in
accordance with the terms of the aforesaid indenture of Feb¬
ruary i, 1895, and for the purposes therein mentioned, made
and executed its one thousand eight hundred and seventy-
five (1875) additional negotiable coupon bonds for the sum
of one thousand dollars each, and numbered consecutively
from No. 8,126 to No. 10,000, both inclusive, all of the same
tenor as the three thousand five hundred and fifty (3550)
bonds heretofore issued under and secured by the aforesaid
indenture of February i, 1895, and hereinbefore particularly
described.
Now, therefore, for the purpose of further securing
7
the payment of the principal and interest of all the bonds
issued or that may be issued by the said Illinois Central
Railroad Company as contemplated or provided in the afore¬
said indenture of February first, A. D. 1895, hereinbefore
referred to (including the said three thousand five hundred
and fifty gold bonds, numbered consecutively from No. i to
No. 3550, both inclusive, for the sum of three million five
hundred and fifty thousand dollars, above mentioned, and
also the said one thousand eight hundred and seventy-five
additional negotiable coupon bonds, of the new or later issue
herein above particularly referred to, numbered from No,
8,126 to No. 1O5OOO, both inclusive, for the sum of one
million eight hundred and seventy-five thousand dollars, as
well as all the other bonds, to the further amount of not
exceeding four million five hundred and seventy-five thou¬
sand dollars, that may be hereafter issued by the said Illinois
Central Railroad Company and authenticated pursuant to
the provisions of the said indenture of February first, 1895),
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, the party of the first part, in consideration of the
premises and of one dollar to it in hand paid by the party of
the second part, the receipt of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell and convey unto the said
party of the second part, its successors and assigns, and to
its successors in said trust, and their successors and assigns,
all and singular that part of the railroad of the party of the
first part, situated in the State of Iowa, described as follows,
to-wit: The railroad lately belonging to the Cedar Falls and
8
Minnesota Railroad Company, extending from the junction
of the same with the main line of the party of the first part
near Cedar Falls, in the County of Blackhawk and State of
Iowa, through the counties of Blackhawk, Bremer, Chickasaw,
Floyd and Mitchell, in the same State, to the south line of
the State of Minnesota, the same being about seventy-five
miles in length, together with the roadbed, superstructure,
right of way, and all the side-tracks, bridges, viaducts,
station-houses, car-houses, engine-houses, shops, warehouses,
turn-tables, water stations, fences, and other buildings and
structures now owned or which may be hereafter acquired
or provided for use upon the said railroad above described,
and all and singular the easements, hereditaments and
appurtenances thereto belonging, and the corporate rights,
privileges and franchises of the party of the first part apper¬
taining to the said railroad, or the maintenance and use
thereof, including the franchise to use, enjoy and operate the
same and demand and receive tolls and compensation there¬
for.
To have and to hold all and singular the premises hereby
granted or conveyed, with the privileges and appurtenances
thereto belonging or in anywise appertaining, unto the said
party of the second part, its successors and assigns, forever :
ht trusty nevertheless, to and for the uses and purposes, and
upon the conditions, with the rights and powers, and subject
to the provisions, agreements, covenants and stipulations
hereinafter set forth and declared ; that is to say:
1. No bond shall be deemed to be secured by this
mortgage until a certificate authenticating the same and
endorsed thereon, in the following form, shall have been
signed by the trustee:
9
The within bond is issued under the mortgage or deed
of trust made by the Dubuque and Sioux City Railroad
Company to the United States Trust Corppany of New
York, as trustee, dated February i, 1895."
IL All bonds secured by this indenture and the proceeds
thereof shall be used for and appropriated to the objects
and purposes contemplated and expressed in the aforesaid
indenture of February first, 1895, hereinbefore referred to.
It is understood, however, that no purchaser of said bonds
shall be required to see to the application of any of said
bonds or their proceeds, and that the certificate of the party
of the second part endorsed on said bonds shall be conclusive
in favor of every holder thereof that such bonds are bonds
issued pursuant to the provisions of the aforesaid indenture
of February i, 1895, and are secured hereby.
III. The party of the first part shall in due season pay
off and discharge, or cause to be paid off and discharged, alt
taxes and assessments, general or special, which may from
time to time be levied or imposed by competent authority
upon the property and premises covered by 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 hereby
shall be fully paid and satisfied.
IV. Until default shall be made in the payment of the
principal or interest of the bonds secured or intended to be
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, kept or performed by the party of the
first part, the said party of the first part, its successors
10
and assigns, shall be permitted to retain possession of the
said railroad and other property hereinbefore described, and
its appurtenances, and to use, manage, operate and enjoy the
same, and to take, receive and dispose of all the receipts,
earnings, revenues, profits and tolls thereof, in the same
manner as if this indenture had not been made.
V. In case default shall be made in the payment of the
principal of any of the bonds secured or intended to be
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 default
shall be made in the performance or observance of any con¬
dition, stipulation or requirement binding upon the said
party of the first part by the terms of this indenture, and
such default 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 out-
«I
standing, it shall be lawful for the said party of the second
part, its successor or successors in trust (the same default
continuing) personally, or by its or their authorized attor¬
neys or agents, to enter upon and take possesssion of all
and singular the premises hereby conveyed, and, as attor¬
neys in fact and agents of said party of the first part, to use,
operate and manage the same in such manner as it or they
shall judge the interests of said bondholders may require;
and in such case, the party of the first part doth hereby
covenant that it will, on request, peaceably surrender to said
trustee or trustees, or its or their agents, the possession of
the premises, and all the property and effects which are
intended to pass by this grant, with all books, papers, con-
11
tracts, deeds, charters and other documents pertaining to
the railroad hereby conveyed; and the said trustee or
trustees are hereby authorized to receive the revenues of
the said railroad, and to expend the same in payment of the
repairs made and expenses incurred in the management and
operation thereof, and in the execution of this trust, apply
ing the surplus, if any there be, to the payment of the inter¬
est which shall 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.
VL In case default shall be made as aforesaid, and con¬
tinue as aforesaid, the said party of the second part, its suc¬
cessor or successors in trust, are hereby authorized and
empowered^if the laws of Iowa then in force shall not
forbid the exercise of this power—upon such requisition
in writing as is hereinbefore specified, after entry as
aforesaid, or without entry, to sell and dispose of all
and singular the premises hereby granted to the highest
It
bidder, at public auction, in the City of Dubuque, in the
State of Iowa, at such place in said city, and at such time as
it or 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 consecu¬
tive weeks in one or more daily newspapers published in the
cities of Dubuque and New York, and to adjourn the said
sale from time to time in their discretion ; and, if so adjourn¬
ing, 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 sim¬
ple ; which sale and conveyance shall be a perpetual bar.
12
both in law and equity, against the said party of the. first
part, and all other persons lawfully claiming or to claim the
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 expense 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 own services, the said
trustee or trustees shall apply the residue of the said pro¬
ceeds, 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 the
said bonds then outstanding and remaining unpaid, whether
the said bonds shall then have become due or not, such pay¬
ments to be made ratably, without discrimination or prefer¬
ence; and if there shall remain any surplus after the pay-
9
ment of all the said bonds in full, both principal and interest,
the same shall be paid over to the said party of the first
part, or its successors or assigns; and it is hereby declared
that the purchaser or purchasers of the said premises shall
not be answerable for the application of the purchase money.
VII. In case default shall be made as aforesaid, and shall
continue as aforesaid, it shall be lawful for the said trustee
or trustees, 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 Iowa-then in
force should not permit the exercise of the foregoing power,
to take appropriate legal proceedings to foreclose the equity
of redemption of the party of the first part and of all persons
13
having any legal or equitable rights or interest in and to the
premises hereby granted, and to enforce the rights of the
bondholders under this deed of trust ; and, should the said
trustee or trustees resort to such judicial proceedings, it
shall likewise be lawful for them, in the event aforesaid, to
declare the principal of all the said bonds then unpaid and
outstanding immediately due and payable, and the party of
the first part agrees that it will thereupon and in such case
immediately pay the whole amount of such principal and the
interest then accrued and unpaid to the holders of such bonds
and the coupons for such interest, upon surrender thereof to
the party of the first part, anything contained in the said
bonds to the contrary notwithstanding. The proceeds of
sale, in the event of such foreclosure, shall, after such deduc¬
tion as may be necessary for the expenses of the trust and
the cost of the proceedings and sale, and for indemnity to
the trustee or trustees as provided in the preceding para¬
graph, be appropriated and applied in the manner in that
paragraph directed in the case of a sale pursuant to the
power thereby conferred.
VIII. It is further understood and agreed that the party
of the second part, its successor or successors in trust, may,
in their discretion, on the request of the party of the first
part, consent to any change in the location of the roadway
or tracks of the railroad hereby mortgaged, or the sale or
exchange for other property of any part of the railroad prop¬
erty hereby mortgaged which may not be necessary for the
uses and purposes of the said railroad, and execute all nec¬
essary releases for that purpose. But the proceeds of any
sale so made shall be invested by the party of the first part
either in the improvement of the remaining part of the railroad
14
or railroad property hereby mortgaged, or in the purchase of
other real property for the uses of said railroad, which prop¬
erty so purchased, as also any acquired in exchange as afore¬
said, shall be subject to all the trusts created or declared in
this indenture.
IX. And the said party of the first part further covenants
and agrees with the said party of the second part, its suc¬
cessor or successors in'trust, that it will at any and all times
hereafter, at its or their request, make, execute, acknowledge
and deliver all such further deeds, conveyances and 'assur¬
ances in the law for the better assuring unto the said party
of the second part, and its successor or successors in the
trust hereby created, upon the trusts herein expressed, the
railroad, railroad property and appurtenances hereinbefore
granted or intended to be granted, as by the said party of
the second part, or its or their successors in trhst, or by its
or their or his counsel learned in the law, shall be reason¬
ably advised, devised or required. And it is hereby further
declared and agreed that nothing in this indenture contained
shall in any manner limit or affect any right or remedy, of
the holders of the bonds hereby secured against the Illinois
Central Railroad Company.
X. Any costs, charges and expenses incurred in, or in
respect of, or in connection with the execution of this trust
by or on behalf of the said party of the second part, its suc¬
cessor or successors in trust, or for which the said party of
the second part, its successor or successors in trust, shall be
or become in any wise liable or responsible, shall be borne
and defrayed by the said party of the first part, its suc¬
cessors or assigns, and said party of the first part undertakes,
covenants and agrees for itself and its successors and assigns,
15
that it and they will upon demand, pay all such costs,
charges and expenses, including therein just and reasonable
compensation to said party of the second part, its successor
or successors in trust, for such services as it or they may
be called upon to render in, or about, or in respect of,
t
the trust hereby created.
XL The party of the second part accepts the trust here¬
by created, and covenants with the party of the first part
that it will execute the same, and certify the said one thou
sand, eight hundred and seventy-five additional negotiable
coupon bonds of the said Illinois Central Railroad Company,
for the sum of one thousand dollars each, numbered con
secutively from No. 8,126 to No. 10,000, both inclusive,
hereinbefore particularly provided for and intended to be
hereby secured, and deliver the same to the party of the
first part, to be by it used and applied in accordance with
the provisions of this indenture. But it is hereby expressly
understood and agreed that neither the said party of the
second part nor any successor in the trust hereby crehted
shall incur any responsibility or liability, save for the willful
or intentional breaches by such trustee of the trust herein
expressed or contained; that the party of the second part or
any successor hereunder may on thirty days' notice in writ¬
ing addressed to the party of the first part, at its office in
the City of New York, resign, and thereupon be finally dis¬
charged as such trustee ; and that neither the said party of
the second part nor any successor in this trust shall at any
time be bound or required to act or to undertake any pro¬
ceeding at law or in equity, or otherwise, for the protection
of the bondholders, or at the request of the party of the first
part, involving expense or liability, unless, if it shall see fit
16
to require it, adequate indemnity against such outlay or lia¬
bility shall be furnished by the bondholders or the party of
the first part asking such action or proceeding. And it is
hereby further provided and agreed that the certificate or
opinion of the counsel or attorney of the party of the second
part, or its successor in trust, to the facts entitling the party
of the first part to the authentication of any of the addi¬
tional bonds provided for in Articles II and III of the
aforesaid indenture of February i, 1895, or to the facts au¬
thorizing the consent of the party of the second part to a
release of any portion of the mortgaged premises as pro¬
vided in Article VIII hereof shall be sufficient evidence of
such facts, and shall fully protect the said party of the sec¬
ond part and its successors in respect to the authentication,
certification and delivery of said bonds, or the execution and
the delivery of the instrument or instruments evidencing
such release. But the certificate or opinion of such counsel
or attorney shall in no case be necessary or insisted upon
by the party of the second part or its successors, provided
reasonable evidence or assurance of such facts shall be
furnished by the party of the first part.
XIL In case of the resignation, neglect, refusal or in¬
capacity of the trustee herein named to act as trustee, or in
case of the death, resignation, refusal or incapacity to act of
any successor of said trustee, then upon the application of
any person interested, and notice to the said party of the
first part, some suitable person, persons or corporation may
be appointed by any Circuit Court of the United States of
competent jurisdiction, to become the successor of such
trustee, and thereupon the person, persons or corporation so
appointed shall be and are hereby vested with all the estate,
17
rights, privileges and authority, and subject to all the duties
by this instrument granted, conferred or imposed upon the
party of the second part, to the same extent as if such per¬
son, persons or corporation were herein named.
XIII. If the principal and interest upon the bonds issued
and authenticated under the aforesaid indenture of February
I, 1895, and intended to be secured hereby, shall be paid to
the holders thereof, when and as the said principal and inter¬
est shall become due, according to the tenor and effect of
the said bonds, then and from thenceforth this present
indenture and the estate hereby granted and conveyed shall
cease, determine and be void ; and the party of the second
part or the trustee for the time being shall, upon the request
of the party of the first part, its successor or assigns, duly
execute and deliver the proper release or satisfaction of this
mortgage deed of trust.
In witness whereof, the said Dubuque and Sioux
City Railroad Company, pursuant to the resolutions passed
by its 'Board of Directors and approved by its stockholders
at a special» meeting duly convened for that purpose within
the State of Iowa, has caused its corporate name to be sub¬
scribed to this indenture by its Vice-President, and its cor¬
porate seal, attested by its Secretary, to be hereunto
affixed; and the said United States Trust Company of
New York has caused these presents to be signed by its
18
President, and its corporate seal attested by its Secretary, to
be affixed hereto, all on the day and year first above written.
DUBUQUE & SIOUX CITY RAILROAD
COMPANY,
corporate ; By john C. welling,
; Vice-President.
Attest :
A. G. Hackstaff,
Secfy.
UNITED STATES TRUST COMPANY OF
NEW YORK,
corporate ; By J. S. Clark,
seal. : Second Vice-President.
Attest :
H. L. Thornell,
Secty,
State of Illinois, |
County of Cook, j
Be it remembered that on this 20th day of August, in the
year of our Lord one thousand eight hundred and ninety-
six, before me, Julius L. Rinne, a Notary Public in and for
said County of Cook, personally appeared John C. Welling,
who is personally well known to me to be the Vice-President
of the Dubuque and Sioux City Railroad Company, and the
identical person whose name is subscribed to the foregoing
instrument as Vice-President of the said company, and
acknowledged the said instrument to be the voluntary act
19
and deed of the said Dubuque and Sioux City Railroad
Company, and that he executed the same freely and volun¬
tarily as Vice-President of said company.
In witness whereof, I have hereunto set my hand and
affixed my notarial seal this 20th day of August, A. D. 1896.
I
Julius L. Rinne,
[notarial seal] Notary Public.
State of New York, )
City and County of New York, f
Be it remembered that on this twentieth day of August,
in the year of our Lord one thousand eight hundred and
ninety-six, before me, Thomas B. Clifford, a Commissioner of
Deeds of the State of Iowa in and for the State of New
York, and Notary Public for New York County aforesaid,
personally appeared Alexander G. Hackstaff, who is person¬
ally well known to me to be the Secretary of the Dubuque
and Sioux City Railroad Corripany, and the identical person
whose name is subscribed to the foregoing instrument as
Secretary of the said company, and acknowledged the said
instrument to be the voluntary act and deed of the said
Dubuque and Sioux City Railroad Company, and that he
executed the same freely and voluntarily as Secretary of
said company.
In witness whereof, I have hereunto set my hand and
affixed my official seals this twentieth day of August, A. D.
1896.
Thomas B. Clifford,
206 Broadway, N. Y.,
Commissioner for the State of Iowa in
New York., and Notary Public for New
[official seals] York County^ N. Y.
20
State of New York, )
City and County of New York. (
Be it remembered that on this 2ist day of August,
in the year of our .Lord one thousand eight hundred and
ninety-six, before mê, George H. Corey, a Commissioner
of Deeds of the State of Iowa in and foi* the State of New
York, and Notary Public for New York County aforesaid,
personally appeared James S. Clark, who is personally well
known to me to be the Second Vice-President of the
J >
United States Trust Company of New York, and the
identical person whosp name is subscribed to the foregoing
instrument as Second|Vice-President of the said Company,
and Henry L. Thorr|ell, who is personally well known to
me to be the Secretary of tbe said United States Trust
Compiiiy of iNew York, a:nd the identical person whose
name is subscrrl^ed tbithe foregoing instrument as Secretary
of the said Company, and severally acknowledged the said
instrument to be the voluntary act and deed of the said
United States Trust Company of New York, and that they
»
severally executed the same freely and voluntarily as Sec¬
ond Vice-President and Secretary of the said Company.
In witness whereof, I have hereto set my hand and
affixed my official s^ls this twenty-first day of August,
A. D. 1896. f
Geo. H. Corey,
CofHinismgner for tJie State of lozva itt
New York, and Notary Public for Nezv
[official seals] York County^ N. Y.
5556 042 153445
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