Th® Centrai, Branch Railway
Company.
flßortgage 2)ee6.
October a, 1899.
C. 6. Burgoyne, Walker and Centre Streets, N. v.
THIS INDENTURE, made this second day of October,
A. D. Eighteen Hundred and Ninety-Nine, between " The
Central Branch Railway Company," a railroad corporation in
this year duly organized and existing under the laws of the
State of Kansas, first party, and The Mercantile Trust Com¬
pany, a corporation organized and existing under the laws
of the State of New York, second party, Witnesseth :
Whereas, first party is a railroad corporation formed by
the consolidation of The A tchison, Colorado and Pacific Rail¬
way Company, The Atchison, Jewell County and Western
Railway Company and The Central Branch Union Pacific
Railway Company, under the laws of the State of Kansas, by
a contract or agreement of consolidation filed in the office of
the Secretary of State of the State of Kansas on the 8th day
of July, 1899 ; and
Whereas, in said contract or agreement of consolidation
it was recited and understood that said The Atchison, Colorado
and Pacific Railway Company is indebted on a certain
promissory note for $4,500,000, and said The Atchison, Jewell
County and Western Railway Company is indebted on a cer¬
tain promissory note for $585,000, both of which notes are
held by the same parties, and which it was understood and
agreed should be exchanged for bonds of the respective
companies, secured by a first mortgage on the property
and franchises of said Companies ; and it was recited and
understood that the holders of said note of The
Atchison, Colorado and Pacific Railway Company is will¬
ing to accept bonds of the face value of $3,052,500,
secured as aforesaid in full payment of said note, and that the
United States
Revenue
Stamps $1729
Cancelled.
2
holder of said note of The Atchison, Jewell County and West¬
ern Eailway Company is willing to accept bonds of the face
value of $406,500, secured as aforesaid in full payment of said
note ; and
Whereas, in and by said contract or agreement of consoli¬
dation it was agreed that the corporation to be formed by con¬
solidation (being first party herein) should take the rights,
powers, privileges, immunities and franchises of said The
Atchison, Colorado and Pacific Railway Company and the said
The Atchison, Jewell County and Western Eailway Company,
subject to the considerations that it should execute to the
holders of said notes bonds of the face value of $3,459,000,
secured by a first mortgage on the rights, powers, privileges,
immunities and franchises taken by it from said The Atchison,
Colorado and Pacific Eailway Company and The Atchison,
Jewell County and Western Eailway Company, so that said
mortgage shall be a lien upon said property prior to any in¬
debtedness or liability of The Central Branch Union Pacific
Eailway Company ; and
Whereas, in order to fulfill the obligation imposed by
said Contract or Agreement of Consolidation and to carry
out and perform the agreements contained therein and above
recited, first party has resolved to issue its certain first
mortgage bonds, amounting in the aggregate to the sum of
$3,459,000, each of the denomination of One Thousand
Dollars, being in the form hereinafter set forth, and
has further resolved, for the purpose of securing the
payment of said bonds, to execute and deliver to second party
this Indenture of Mortgage on all the railroad and property of
the first party hereinafter described ; and.
Whereas, each of said bonds is to be substantially in the
words and figures following, to wit :
3
[form of bond.]
UNITED STATES OF AMEBIC A,
State of Kansas.
$1,000. No.
THE CENTRAL BRANCH RAILWAY COMPANY.
First Mortgage Four Per Cent. Gold Bond.
The CeDtral Branch Railway Company, for value received,
promises to pay to The Mercantile Trust Company, of New
York City, or bearer (or, in case this bond be registered, then
to the registered holder hereof), the sum of
One Thousand Dollars
in gold coin of the United States of America, of or equivalent
to the present standard of weight and fineness, at its ofiSce or
financial agency in the City of New York, on the first day of
February, in the year nineteen hundred and nineteen, and to
pay interest thereon from the first day of February, eighteen
hundred and ninety-nine, at the rate of four per ceutum per
annum, payable semi-annually in like gold coin on the first
day of February and i^ugust in each year, upon presentation
and surrender of the respective coupons hereto annexed as
Ihey shall severally become due, at its office or financial agency
aforesaid. Both principal and interest of this bond are pay¬
able without deduction for any tax or assessment which said
Railway Company may be required to pay or retain therefrom
by reason of any present or future law. The Railway Com¬
pany hereby agrees to pay such taxes or assessments.
This bond is one of a series of bonds of like tenor, amount
4
and date, numbered consecutively from one upwards, and
issued to an amount not to exceed in the aggregate $3,459,000
at any one time outstanding ; all of which bonds are issued
under and are equally secured by a mortgage or deed of trust
of this obligor, bearing date October 2d, 1899, to The Mer¬
cantile Trust Company as Trustee.
If default shall be made in the payment of any semi-annual
installment of interest on this bond when samo shall become
due and be demanded, and such installment shall remain un¬
paid for six months after such demand, the principal of this
bond may become due and payable in the manner provided in
said mortgage or deed of trust.
This bond may, at the option of the holder, be registered
as to the principal thereof on the books of the railway com¬
pany at its office or financial agency in the City of New York,
and the principal thereof shall then be payable only to the regis¬
tered owner named therein ; such registration shall not effect
the negotiability of the coupons by delivery merely. After such
registration, certified thereon, no transfer except upon the
books of the railway company shall be valid, unless the last
transfer shall have been to bearer on said books, after which
this bond shall pass by delivery as at first, but shall continue
subject to successive registrations and transfers to bearer
at the option of each holder. The coupons of this bond
may be surrendered and canceled, in which event both princi-
])al and interest shall then be payable only to the registered
holder.
This bond shall not be valid for any purpose or in the
hands of any person until duly authenticated by the certificate
of the said The Mercantile Trust Company, or its successor,
duly endorsed thereon and signed by the Trustee, to the effect
that it is one of the bonds described in said mortgage or deed
of trust.
In witness whereof. The Central Branch Railway Company
has caused these presents to be signed by its President or
o
Vice-President, and attested by its Secretary or Assistant
Secretary, and its corporate seal to be hereto affixed this
second dav of October, 1899.
The Central Branch Railway Company,
by
%j
[l. s.]
President.
Attest :
Secretary.
[form of coupon.] $20.
The Central Branch Railway Company will pay to bearer,
at its office or financial agency in the City of New York,
Twenty Dollars in United States gold coin on the first day of
, without deduction for taxes, being six
months' interest then due on its First Mortgage Four Per Cent.
Bond No.
Treasurer.
[trustee's certificate. 1
The Mercantile Trust Company hereby certifies that the
within bond is one of the series described in the within-men¬
tioned mortgage.
The Mercantile Trust Company,
Trustee,
by
t/'
Vice-President.
6
Notice.
No writing on this Bond except by an officer of the
Company.
Date of
Registry.
In whose name regis¬
tered.
Transfer Agent.
and Whereas, the execution and delivery of this indenture
of mortgage and of the bonds hereby secured have been duly
authorized by the Board of Directors and stockholders of the
ñrst party, for the purpose of carrying into effect the provis¬
ions of the said Contract or Agreement of Consolidation above
referred to and recited :
Now, for the purpose of securing the due and prompt
payment of the principal of said bonds and each of them,
and of the interest thereon, according to their tenor and
effect, and in consideration of the sum of one dollar to it
in hand paid by the second part}^ the receipt of which is
hereby acknowledged, first party, the said " The Central
Branch Railway Company " has granted, bargained, sold, as¬
signed, transferred and conveyed and by these presents does
grant, bargain, sell, assign, transfer and convey unto second
party The Mercantile Trust Company, its lawful successor or
successors in the trust hereby created, and assigns,
All and singular the rights, powers, privileges, immunities,
franchises and lines of railroad belonging to said The Atchison,
Colorado and Pacific Railway Company, at and prior to the
time of the said consolidation (July 8th, 1899), to wit, extend¬
ing (1) From Waterville in the County of Marshall and State of
7
Kansas, to Washington in the County of Washington ; (2) From
Greenleaf in the County of Washington by way of Concordia,
Cawker City and the forks of the Solomon River, Westerly
toward the West line of the State of Kansas, although not as
yet fully completed to the West line of the State of Kansas,
and (3) From a point at or near Concordia in the County of
Cloud, by way of Scandia in the County of Republic, to the
North line of the State of Kansas, and.
Also all the rights, powers, privileges, immunities, fran¬
chises and lines of railway of the said The Atchison, Jewell
%j *
County and Western Railway Company, to wit; extending
from a point at or near the town of Jamestown in the County
of Cloud and the State of Kansas, through the County of
Jewell to the town of Burr Oak and thence through
the Counties of Smith, Philips, Norton, Decatur, Rawlins and
Cheyenne and the Westerly line of the said State, although
the same is not yet fully constructed to the Westerly line of
the State, and
Also all the lands, tenements and hereditaments of the
said The Atchison, Colorado and Pacific Railway Company
and the said The Atchison, Jewell County and Western Rail¬
way Company acquired and appropriated by them or by either
of them for the purpose of the right of way for a single or
double track railroad and all the lands of said companies
acquired and appropriated for side tracks, turnouts, depots,
engine houses, car houses, station houses, warehouses, machine
shops, work shops, superstructures, erections and fixtures ap¬
pertaining thereto, and also so many and such parts and por¬
tions of all the locomotives, tenders, passenger cars, freight
cars, other cars, carriages, tools, instruments, machinery,
equipments, implements, goods and chattels for said railroad
lines, or either of them, then held or which have thereafter
been owned or acquired by first party appertaining or in
any manner relating to or connected with said railroad lines
or either of themv
8
Together with the real estate, railway, rails, bridges, piers,
fences, privileges, rights and franchises owned and hereafter to
be acquired by said first party appertaining or belonging
to said above-described lines of railroad, and all lands
now or hereafter used or occupied for railroad depots
or stations, and all buildings erected and which may
hereafter be erected thereon, and all locomotives,
tenders, cars, carriages, tools, machinery, equipments,
fuel and supplies now and hereafter belonging to, or used and
operated in connection with or on said above-described lines
of railroad, now owned and hereafter acquired by said first party,
or in any way belonging or appertaining to the said above-
described lines of railroad, together with all and singular the
tenements, hereditaments and appurtenances belonging or in
any ways appertaining thereto, the reversion and reversions,
remainder and remainders, income, rents, issues and profits
thereof, and also all the estate, right, title and interest, prop¬
erty, possession, claim and demand whatsoever, as well in law
as in equity, of the first party in and to the said above-de¬
scribed lines of railroad, and every part and parcel thereof,
with the appurtenances, including all books, papers, deeds,
muniments of title, and all other books, papers and documents
useful or convenient for the possession, use or operation of
said lines ot railroad, or of the appurtenances, rents, issues
and profits thereof ; To have and to hold said railroad prop¬
erty, efifects, franchises and estate hereby granted, with all and
singular the appurtenances thereunto belonging or in any way
appertaining to said second party, and to its successor or suc¬
cessors and assigns forever ; in trust, nevertheless, for the
purpose of securing the payment of the said bonds, aggregat¬
ing in amount three million four hundred and fifty-nine thous¬
and dollars, and the interest thereon when the shall become
due according to their tenor and effect, to the persons or cor¬
porations, respectively, who may become the holders of said
bonds, or either or any of them, without preference or
9
priority as between one or more of said bonds over the
residue or remainder thereof, by reason of any priority in
issue, negotiation or sale of any one or more of said bonds as
compared with the issue, negotiation or sale of the residue or
remainder thereof, and for such purpose it is stipulated,
covenanted and agreed by and between the parties to these
presents as follows, to wit :
Article First.
Until default in the performance of the promises, cove¬
nants or undertakings, or of some of them, on the part of first
party to be performed, first party shall have the right to
remain in possession of all of said property, effects and estates
hereinbefore granted, and shall be suffered and permitted to
possess, manage, operate and enjoy the same unless and until
second party or its successors shall become entitled to enter
upon or take possession of the said property and its appur¬
tenances and equipments and the revenues thereof, or shall
become entitled to take proceedings in any Court of law or
equity to enforce the provisions of this trust, and the prom¬
ises, covenants and undertakings by first party to be performed,
or to foreclose the equity of redemption of first party in the
property hereby conveyed under the conditions, covenants,
stipulations and provisions hereinafter contained.
Article Second.
No bond issued under and secured by this mortgage shall
be valid or effective for any purpose until the same shall be
certified by second party to be one of the series of bonds de¬
scribed in this indenture.
The number of bonds which may be issued by first party,
under and secured by this mortgage, and certified as aforesaid
by second party, is limited to three thousand four hundred
and fifty-nine bonds of one thousand dollars each, amounting
10
in the aggregate to three million four hundred and fifty-nine
thousand dollars.
Each of the coupons to be attached to said bonds is to be
authenticated by the engraved fac-simile of the signature of
the Treasurer of first party.
Said bonds shall, without further corporate action, be certi¬
fied as aforesaid by second party, and delivered to first party
by second party upon the written requisition of first party,
signed by the President or Treasurer of first party.
First party agrees to provide proper facilities in the City
of New York for the registration of the bonds secured hereby.
Article Third.
Whenever and so often as any default shall be made in
the payment of any interest on any of said bonds at the time
when the same shall become due and payable and be de¬
manded, and such default shall continue for six months after
such demand, then and in such case the principal of said
bonds then outstanding shall, if the second party hereto shall
in writing so elect, forthwith become due and payable, any¬
thing to the contrary herein or in said bonds con¬
tained notwithstanding ; provided^ however, that, upon
the written request of the holders of a majority of
said bonds hereby secured and then outstanding, second
party shall waive such default so far only as such default makes
the principal of said bonds due prior to the due date thereof
upon such terms as shall be expressed in such request, and
provided, further, that such waiver shall affect no subsequent
default.
Such written request can be made only at a meeting
of bondholders, called by the holders of bonds to the
amount of at least one hundred thousand dollars, and by
resolution duly passed thereat. Notice of the time, place
and purpose of such meeting must be published in two daily
11
papers published in the City of New York twice in each week
for two weeks. At such or any meeting the holders of bonds
may vote by proxy.
A copy of the resolution adopted at such meeting and
certified by the Secretary thereof must be presented to
second party. The certificate of such Secretary shall also
state the numbers of the bonds voting in favor of such resolu¬
tion, and such bonds or sufficient thereof to constitute a
majority of the bonds outstanding must, if demanded by second
party, be exhibited to second party.
The provisions herein contained as to evidence of the
proceedings of meetings of bondholders are for the benefit of
second party and not conditions of the exercise of the power,
and may be waived by second party.
Article Fourth.
In case default shall be made in the payment of any
interest upon any of said bonds, when the same shall become
due and payable and be demanded, and such default shall
continue for six months or in case default shall be made
in the payment of the principal of any of said bonds when the
same shall become due. and payable, or in case default shall be
made in the performance by first party of any of the covenants,
promises or agreements by it to be performed, pursuant to the
provisions hereof, then second party, its successors or assigns,
may enter upon all and singular the railroad property and
premises hereby conveyed or intended to be conveyed, and
may have, use and operate the same, and from time to time
may make all needful repairs, replacements and such altera¬
tions, additions and improvements to said railroad as may, in
the judgment of second party, be necessary for the proper
working of the same, and may receive the tolls, freights, income
and profits thereof and after deducting the expenses of
operating and managing said railroad and property, and of
12
such repairs, replacements, additions and improvements, as
well as just compensation for its own services, and the services
of such managers, servants, attorneys and counsel as may have
been by it employed, shall apply the money accruing as
aforesaid to the payment of the interest accrued upon said
bonds, and to the payment of the principal thereof, if the
same is due, without discrimination or preference between
said bonds, and shall thereafter pay over any surplus to first
part}^ its successors or assigns, or as any Court of
competent jurisdiction shall order, and shall thereupon
restore the said railroad and other property to first
party ; provided, however, that said defaults, or either of them,
may be waived upon the written request of the holders of the
majority of said bonds in the manner provided in Article
Third ; and 'provided, also, that in case second party
shall take possession of said property as herein provided
then whenever second party shall have been able to pay out of
the income of said property all arrearages of interest due on
said bonds, and w^henever a majority of the bondholders shall
have waived default, as hereinbefore }»rovided, second party
shall redeliver said property to first party ; and provided also
that in case of any default as aforesaid, second party may, and
upon the written request of the holders of one-fourth of the
bonds outstanding, shall, either with or without entry, sell, or
cause to be sold, the railroad, franchises and property, real
and personal, hereby conveyed, or intended so to be, and all
benefit and equity of redemption of the first party in and to the
same and every part thereof, with the benefit of the franchises
aforesaid, which said last-mentioned sale shall be at public
auction in the city of Atchison, State of Kansas, on reasonable
notice of the time and place of such sale ; and in the event of
such sale, second party, or its successors in this trust, shall
make and deliver to the purchaser of said premises good and
sufficient deeds of the same in fee simple and such bills of sale
as may be necessary ; and upon the delivery of such deeds and
13
bills of sale, sucli sale and conveyance shall be a perpetual
bar both in law and in equity against first party, its successors
and assigns, and all other persons claiming by, through or
under it, of all right, title and claim in and to said railroad
premises and property, and every part and parcel thereof.
Provided, further, that in case of any such default as
aforesaid, it shall be at the option of second party, and it
shall have full power to exercise any of the powers
herein and hereby granted, or to apply to any court of com¬
petent jurisdiction for any such relief as second party may be
entitled to in the premises.
And provided, further, that no holder of any of said bonds
shall be entitled to bring any action for relief under this in¬
strument unless and until second party, on the written request
of the holder of at least one-fourth of the said bonds then
issued and outstanding, shall have refused to discharge its
duties hereunder.
And provided, further, that in case of any sale of said
premises and property, whether by second party under any
power herein granted, or in pursuance of the decree of any
Court of competent jurisdiction, the second party or its suc¬
cessors, or any one or more of the bondholders, or any person
in its or their behalf, may, bid for and purchase said property,
real and personal, cr any part thereof ; but second party
shall not in any such case bid any greater sum than the
amount of bonds then issued and outstanding, together with
accrued interest, costs and expenses, and shall in no case be
bound to make any bid at any such sale, unless provided with
money sufficient for that purpose.
In case second party shall, under the prorisions
hereof, sell the said mortgaged property, it shall, after
deducting the expenses thereof and all other expenses legally
made or incurred by it and just compensation for its own serv¬
ices and the services of such managers, servants, attorneys and
counsel as may have been by it employed, apply the net pro-
14
ceeds of such sale to the payment of the principal and interest
of said bonds without discrimination or preference between
principal and interest, and shall thereafter pay over any sur¬
plus to first party, its successors and assigns, or as any Court
of competent jurisdiction shall order.
Article Fifth.
It is hereby stipulated and agreed that the payment by any
purchasers of said property to second party or its successor as
trustee as aforesaid of the price or purchase money of any
property so sold, and the receipt of second party or its suc¬
cessor for the same, shall be a sufficient discharge to such
purchaser or purchasers, and such purchaser or purchasers
shall not thereafter be liable or responsible to any extent for
the proper application by second party or its successor of any
such purchase money or any part thereof.
At any sale had pursuant to these presents, whether
judicial or otherwise, bonds and coupons secured hereby shall
be received from the purchaser in payment of the amount
which shall be payable and distributable thereon from or out
of the proceeds of sale ; and the amount at which they are so
received, if less than the full amount due thereon, shall be
endorsed on such bonds and coupons and the same delivered
to the holders thereof.
Article Sixth.
First party hereby covenants and agrees to and with
second party, its successors and assigns, that first party shall
and will from time to time, and at all times hereafter, so long
as any of said bonds shall remain outstanding, make, execute,
acknowledge and deliver to second party, its successors and
assigns, all such other and further assurances, conveyances
15
and deeds for the better conveying and assuring to second
party, or its successors, for the purposes and upon the trusts
expressed herein, the said lines of railroad and other property
hereinbefore mentioned or intended so to be, and all property
and franchises which may hereafter be acquired by said first
party in connection with or belonging to, or appertaining to, or
used in connection with, said railroad or any part thereof, as
by second party, its successors and assigns, or by its or their
counsel, may reasonably be devised, advised or required.
Article Seventh.
First party further covenants and agrees to and with
second party that first party will from time to time and at all
times hereafter, so long as any of said bonds shall remain
outstanding and unpaid, pay all taxes and assessments
of every kind, name and nature which may be assessed
on the property hereby conveyed, or any part
thereof ; and if any default shall be made by the first
party in paying such taxes or assessments for so long a time
as to cause a penalty by law to attach to such tax or assess¬
ments by reason of the delay in the payment thereof, then
and upon the attaching of such penalty, and by reason thereof,
the said bonds which may be then outstanding shall, at the
option of the second party, immediately become due and pay¬
able, and second party, its successors and assigns, may enter
upon and sell and convey the property hereby conveyed upon
the same terms and conditions, and in the same manner, and
may institute such suit or suits, as are hereinbefore expressed
and provided for with respect to a default in the payment of
interest ; but the right of second party and its successors and
assigns so to enter upon said property and to sell and convey
the same, and to institute suits in respect thereto, may be
waived by second party upon payment by first party of said
16
taxes, assessments and penalty, or may be waived by the vote
of the holders of the majority of the bonds at a meeting of
the holders thereof, called as hereinbefore provided.
Article Eighth.
Second party, its successors and assigns, shall have full
power in its or their discretion, upon the written request of
first party, to release to the purchaser thereof from first party
any lands or property acquired or held by first party for
the purposes of stations, depots, shops or other
buildings in connection with said lines of railroad which
shall in the judgment of said second party, its
successors or assigns, be unnecessary for use in connection
with said railroad ; and also to release, as aforesaid, on like
request, to such purchaser or purchasers lands not occupied
by first party's roadbed, stations, depots, shops or other build¬
ings which have become useless or unnecessar}^ for the opera¬
tion of said lines of railroad, and which may at any time have
been acquired by first party ;
Provided^ that the proceeds of any such sales shall be forth¬
with invested, with the approval of the Trustee, either in the
purchase of other property, real or personal, which shall be
conveyed in trust by the said Railway Company to the Trus¬
tee, subject to all the trusts hereby declared, or in the pur¬
chase of bonds herebv secured, which bonds shall be forthwith
canceled and delivered to the said Trustee.
Second party and its successors and assigns may consent
to any change in the location of the tracks or depots or other
buildings aforesaid as in its judgment shall have become expe¬
dient, and may make and deliver all releases necessary to carry
such changes into effect ; but any lands or property which
may be acquired in payment and for use in substitution for
any so released shall be conveyed by first party to second
party upon the trust and for the purposes of these presents.
17
Second party shall also have full power in its discretion to
allow first party from time to time to dispose of such portion
of the equipment, machinery, implements and rolling stock of
the said lines of railroad as may become unfit for use, the same
being replaced by new equipments, machinery, implements and
rolling stock, which shall become and be made subject to the
operation of these presents by conveyance, transfer or other¬
wise to second party, its successors or assigns, by first party.
«
Should first party desire to sell or exchange any of
said lands, equipment, machinery, implements and rolling
stock, and to obtain second party's release as afore¬
said, then first party, over the hand of first party's
secretary shall certify to second party the lands or other prop¬
erty desired to be released. Such certificate shall state the
purchase price of such property, and the property, if any, to
be substituted for the property sold. Upon delivery of such
certificates second party shall, in its discretion, execute
and deliver such release or assent to any sale.
Article Ninth.
First party hereby covenants and agrees to and with second
party that first party will faithfully pay 'and discharge the said
several sums of money in said bonds and coupons mentioned
at the times when they shall respectively become due. Upon
payment of said several sums by said first party, all and
singular the property mentioned and described in this instru¬
ment shall revert to first party, free and discharged from all
lien or encumbrance hereby, without the execution by second
party of any instrument whatever. Second party will, never¬
theless, upon a reasonable demand by first party, execute and
deliver to first party all such releases, receipts and acquit¬
tances as may be appropriate and reasonable under the cir¬
cumstances.
18
Article Tenth.
It is further agreed by and between the parties to these
presents, that second party hereby accepts the trust conferred
upon it by these presents, but with the understanding, and it
is hereby expressly provided and agreed, that second party
shall not be liable or accountable for the acts, default or
neglect of any agent or agents who may be appointed under
or by virtue of or for the purposes of these presents to do any
of the matters or things herein provided for, and that no lia¬
bility or responsibility shall under any circumstances be borne
by or attach to second party, other than for the exercise of
reasonable diligence in the performance of said trust when
action on its part for that purpose shall become necessary ;
and, further, that second party shall be under no obligation to
give notice of the lien created hereby to any person ; to file or
record this instrument as a chattel mortgage, or to insure said
mortgaged premises unless placed in funds wherewith to efifect
such insurance. The recitals of fact herein contained are those
of first party and second party is not accountable for the ac¬
curacy thereof.
Second party shall be entitled to a reasonable compensa¬
tion for its services hereunder, and first party agrees to pay
the same and such expenses as second party may incur in the
execution of the trust hereby created, and the same are a lien
on the mortgaged property and prior to the claim of the bond¬
holders.
The covenants, agreements and provisions herein contained
shall bind the respective legal representatives, successors and
assigns of the parties hereto.
In witness whereof, first party has caused these presents
to be executed by its President, or Vice President, and at¬
tested by its Secretary, or Assistant Secretary, and its corpor¬
ate seal to be hereunto aflSxed ; and second party, as evidence
of its acceptance of said trust, has caused these presents to be
19
executed by its President, or Vice-President, attested by its
Secretary, or Assistant Secretary, and its corporate seal to be
hereunto affixed the day and year first above written.
The Central Branch Kailway Company,
By
[l. s.] C. G. Warner,
President.
Attest :
A. H. Calef,
Secretary.
The Mercantile Trust Company,
[l. s.] By
H. C. Deming,
Vice-President.
Attest :
E. R. Adee,
Secretary.
20
Stai e of New York, )
> ss. :
City and County of New York, )
Be it remembered, and I do certify that, on this second
day of October, in the year one thousand eight hundred and
ninety-nine, in said city and county aforesaid, before me the
undersigned, Edwin F. Corey, a Notary Public in and for the
City and County of New York, in the State of New York,
and a Commissioner of Deeds in and for the State of Kansas,
duly appointed, qualified and commissioned as such, personally
appeared C. G. Warner and A. H. Calef, whose names are
signed to the foregoing instrument and mortgage deed, bear¬
ing date October 2d, A. D. 1899, as President and Sec¬
retary, respectively, of The Central Branch Kailway Company,
with whom I am personally acquainted and who are person¬
ally known to me to be The President and Secretary, re¬
spectively, of The Central Branch Railway Company, and to
be the same persons whose names are subscribed to and who
executed the foregoing instrument and mortgage deed as such
President and Secretary, respectively, as for said Company,
the grantor in said instrument and mortgage deed, and they,
for themselves and on behalf of said The Central Branch Bail-
way Company, did on this day severally duly acknowledge the
execution of the foregoing instrument and mortgage deed as
and for the act of said Company freely and voluntarily, and
that they executed, signed, sealed and delivered the said
instrument and mortgage deed as the free and voluntary
act and deed of said company, for the uses and purposes
therein set forth.
And the said C. G. Warner and A. H. Calef, being first
duly sworn according to law, did each for himself depose and
say that he, the said C. G. Warner, resides in the City of St.
Louis, Missouri, and that he, the said A. H. Calef, resides in
the City of New York, in the State of New York ; that the
21
said C. G. Warner is President and the said A. H. Calef
is the Secretary of the said The Central Branch Bail way Com¬
pany, and that their names respectively signed in attestation
of the foregoing mortgage deed are in their own handwriting
respectively ; that they know the corporate seal of said Com¬
pany ; that the seal affixed to the foregoing instrument is the
common and corporate seal of said company, and was thereto
affixed by authority of the Board of Directors of the said
Company, and that they signed their names thereto by like
authority as President and Secretary respectively of said Com¬
pany.
In witness whereof, I have hereunto set my hand and
affixed my official seals the day and year first above written.
j Seal ) Edwin F. Corey,
I as Notary Public.
Notary Public,
New York County.
Edwin F. Corey,
Commissioner for the State of Kansas,
Office No. 56 Wall Street,
New York City.
Seal
as
I Commissioner
[ for Kansas.
22
State of New York, ^
^ ss. :
City and County of New York, S
Be it remembered, and I do certify that on this
second day of October, one thousand eight hundred and ninety-
nine, in the said city and county aforesaid, before me the un¬
dersigned Edwin F. Corey, a Notary Public in and for the
City and County of New York, in the State of New York, and
a Commissioner of Deeds in and for the State of Kansas, duly
appointed, qualified and commissioned as such, personally ap¬
peared H. C. Deming and E. E. Adee, whose names are signed
to the foregoing instrument and mortgage deed, bearing date
the second day of October, A. D. 1899, as Vice-President and
Secretary respectively of The Mercantile Trust Company, with
whom I am personally acquainted and who are personally known
to me and known by me to be the Vice-President and Secretary
respectively of The Mercantile Trust Company and to be the
same persons whose names are subscribed to and who executed
the foregoing instrument and mortgage deed as such Vice-Pres¬
ident and Secretary respectively as and for said Company, the
grantee in said instrument and mortgage deed, and they för
themselves and on behalf of said The Mercantile Trust Com¬
pany, on this day severally duly acknowledged the execution
of the foregoing instrument and mortgage deed to be the act of
said company freely and voluntarily and that they executed,
signed and sealed the said instrument and mortgage
deed freely and voluntarily as such Vice-President and Sec¬
retary, and as the free and voluntary act and deed
of said company for the uses and purposes therein set forth.
And the said H. C. Deming, Vice-President, and E. E.
Adee, Secretary, being first duly sworn according to law, did
each for himself depose and say that he, the said H. C. Dem¬
ing and E. E. Adee respectively reside in the City of New
York, in the State of New York ; that he, the said H. C. Dem-
23
ing is Vice-President and he, the said E. K. Adee is
the Secretary of The Mercantile Trust Company, and that
their names respectively signed in attestation of the foregoing
mortgage deed are in their own proper handwriting
respectively ; that they know the coiporate seal of said
company ; that the seal affixed to the foregoing instrument
is the common and corporate seal of said company and was
thereto affixed by authority of the Board of Trustees of said
company, and that they signed their names thereto by like
authority as Vice-President and Secretary respectively of said
company.
In witness whereof, I have hereunto set my hand and
affixed my official seals the day and year first above written.
f Commissioner for the State of Kansas,
as >
Commissioner. S Office No. 56 Wall Street,
Edwin E. Corey,
Notary Public,
New York Count v.
Edwin F. Corey,
New^ York City.
[13964]
THE ORIGINAL MORTGAGE WAS RECORDED IN KANSAS AS
FOLLOWS :
Marshall
County,
October
20,
1899,
3
P.
M.,
Book
117,
page
475
Washington County, October 21,
1899,
10
A.
M.,
Book
72,
page
348
Cloud
County,
October
21,
1899,
5
P.
M.,
Book
34,
page
493
Mitchell
County,
October
23,
1899,
8.30
A.
M.,
Book
28,
page
310
Osborne
County,
October
23,
1899,
3
P.
M.,
Book
40,
page
348
Rooks
County,
October
23,
1899,
6
P.
M.,
Book
27,
page
518
Jewell
County,
October
24,
1899,
1
P.
M.,
Book
76,
page
136
Smith
County,
October
24,
1899,
5
P.
M.,
Book
24,
page
241
Republic County,
October
25,
1899,
11
A.
M.,
Book
47,.
page
539
Phillips
County,
October 26,
1899,
10
A.
M.,
Book
44,
page
154
Norton
County,
October
26,
1899,
5
P.
M.,
Book
32,
page
301
3 5556 042 153718