HE 
 
 a79i 
 
 1890 
 
 UC-NRLF 
 
 C E 725 fi77 
 
.. i^ Mm^m'-'-'^^y'^ 
 
r^ -\ 
 
 THE ^S80URI PACIFIC RAILWAY 
 — COMPANY 
 
 xo 
 
 THE MERCANTILE TRUST COMPANY, 
 
 OF NRW YORK, 
 
 TRUSTEE. 
 
 Ifitst ®crXlat^v^X IbXart^^jgit 
 
 DATED JULY 15, 1890 
 
 C. G. Burgoyne, 146-150 Centre Street, New York. 
 

 +- 
 
 THE MISSOUKI PACIFIC EAILWAY COMPANY 
 
 TO THE 
 
 MEECANTILE TEUST COMPANY, OF NEW YOEK, 
 
 TEUSTEE. 
 
 FIEST COLLATEEAL MOETGAGE, DATED JULY 
 
 15th, 1890. 
 
 ^Txi5 %ntXtntXXVt^ made and executed by and be- 
 tween The Missouri Pacific Eailway Company and The 
 Mercantile Trust Company, of New York, Trustee, this fif- 
 teenth day of July, 1890, ISlttUCSSetlt : 
 
 JlVtljcXe 1. The Missouri Pacific Eailway Company holds 
 275 Fii'st Mortgage Gold Bonds of the Eooks County Eail- 
 road Company, of Kansas (being the entire authorized issue 
 of said bonds), each for the sum of $1,000, dated January 
 1st, 1885, payable January 1st, 1910, and bearing interest at 
 the rate of six per cent, per annum, secured by recorded 
 mortgage, dated January 1st, 1885, to Jay Gould, Trustee, 
 on the road, property and franchises of said Company, as 
 specified in said mortgage ; the aggregate amount of all of 
 the bonds secured by said mortgage being limited at the 
 rate of not exceeding $15,000 per mile for each completed 
 mile of road. 
 
 M114733 
 
: *.*tta*]\4j^oi|r> PacVic Railway Company holds 400 First 
 Mortgage Gold Bonds of the St. Louis, Oak Hill and Caron- 
 delet Railway Company, of Missouri (being the entire au- 
 thorized issue of said bonds), each for the sum of $1,000, 
 dated the 1st day of September, 1887, payable the 1st day 
 of September, 1917, secured by recorded mortgiige, dated on 
 said 1st day of September, 1887, to Jay Gould, Trustee, on the 
 road, property and franchises of the said Company, as speci- 
 fied in said mortgage, including 6y% miles of completed 
 double track road in the City of St. Louis, Missouri. 
 
 The Missouri Pacific Railway Company holds 1,110 of the 
 First Mortgage Gold Bonds of the Council Grove, Osage 
 City and Ottawa Railway Company, of Kansas (being the 
 entire authorized issue of said bonds), each for the sum of 
 $1,000, dated on the 16th day of August, 1886, maturing on 
 the 1st day of July, 1911, bearing interest at the rate of six 
 per cent, per annum, and secured by recorded mortgage, 
 dated August 16th, 1886, to Russell Sage and George J. 
 Gould, Trustees, covering the railroad, property and fran- 
 chises of said Company, as specified in said mortgage ; the 
 aggregate amount of all of said bonds secured by said mort- 
 gage being limited at the rate of not exceeding $15,000 per 
 mile for each mile of completed road. 
 
 The Missouri Pacific Railway Company holds 300 First 
 Mortgage Gold Bonds of the Missouri Pacific Railway Com- 
 pany in Kansas, each for the sum of $1,000, dated the 1st 
 day of July, 1886, payable the 1st day of July, 1911, bearing 
 interest at the rate of six per cent, per annum, secured by^ 
 recorded mortgage, dated the 1st day of July, 1886, to Rus- 
 sell Sage and George J. Gould, Trustees, covering the road, 
 property and franchises of said Company, as specified in said 
 mortgage ; the aggregate amount of all the bonds secured by 
 said mortgage being limited at the rate of not exceeding 
 $15,000 per mile of completed road ; and The Missouri Pacific 
 Railway Comj^jany may hereafter hold, acquire or become 
 
possessed of other of said bonds secured by said mortgage 
 and such supplements thereto as may be hereafter executed. 
 
 The Missouri Pacific Kailway Company holds 2,055 First 
 Mortgage Gold bonds of the Kansas, Nebraska and Dakota 
 Kailway Company, of the State of Kansas (out of an author- 
 ized issue of 2,400 of said bonds), each for the sum of 
 $1,000, dated on the 1st day of April, 1886, payable on the 
 1st day of April, 1916, bearing interest at the rate of six per 
 cent, per annum, and secured by recofded mortgage dated 
 the 1st day of April, 1886, to The Farmers' Loan and Trust 
 Company of New York, Trustee, covering the road, property 
 and franchises of said Company as specified in said mort- 
 gage ; the aggregate amount of all the bonds secured by said 
 mortgage being limited at a rate of not exceeding $15,000 a 
 mile of completed road ; and The Missouri Pacific Railway 
 Company may hereafter hold, acquire or become possessed 
 of other of said bonds secured by said mortgage and such 
 supplements thereto as may be hereafter executed. 
 
 The Missouri Pacific Railway Company holds 1,095 First 
 Mortgage gold bonds of the Pacific Railway Company in Ne- 
 braska, each for the sum of $1,000, dated on the 20th day of 
 September, 1887, payable on the 20th day of September, 1907, 
 bearing interest at the rate of five per cent, per annum, and 
 secured by recorded mortgage dated the 20th day of Sep- 
 tember, 1887, to Edwin Gould, Trustee, covering the rail- 
 road, property, and franchises of said Company as specified 
 in said mortgage ; the aggregate amount of all the bonds 
 secured by said mortgage being limited at the rate of not 
 exceeding $15,000 per mile of completed road : and The 
 Missouri Pacific Railway Company may hereafter hold, 
 acquire or become possessed of other of said bonds secured 
 by said mortgage and such supplements thereto as may be 
 hereafter executed. 
 
 The Missouri Pacific Railway Company holds 417 First 
 Mortgage gold bonds of the Council Grove, Smoky Yalley 
 
and Western Railwa}^ Company, each for the sum of $1,000, 
 dated on the 18th day of July, 1887, payable on the 1st day 
 of July, 1917, bearing interest at the rate of six per cent, per 
 annum, and secured by recorded mortgage dated the 18th 
 day of July, 1887, to George J. Gould, Trustee, covering the 
 railroad, property and franchises of said Company as speci- 
 fied in said mortgage ; the aggregate amount of all the bonds 
 secured by said mortgage being limited at the rate of not ex- 
 ceeding $15,000 per "inile of completed road ; and The Mis- 
 souri Pacific Railway Company may hereafter hold, acquire 
 or become possessed of other of said bonds secured by 
 said mortgage and such supplements thereto as may here- 
 after be executed. 
 
 The Missouri Pacific Railway Company holds 500 First 
 Mortgage gold bonds of the Iron Mountain Railroad Com- 
 pany of Memphis (being the entire authorized issue of said 
 bonds), each for the sum of $1,000, dated on the 10th day of 
 November, 1888, payable November 1st, 1908, bearing in- 
 terest at the rate of six per cent, per annum, and secured by 
 recorded mortgage dated the lOtli day of November, 1888, 
 to John F. Dillon and George J. Gould, Trustees, covering 
 the railroad, terminals, property and franchises of said Co'b- 
 pany as specified in said mortgage. 
 
 The Missouri Pacific Railway Company holds 957 First 
 Mortgage gold bonds of the Kansas City and Southwestern 
 Railway Companies of Missouri and of Kansas, each for the 
 sum of $1,000, dated on the 1st day of September, 1886, 
 payable on the 1st day of September, 1926, bearing interest 
 at the rate of six per cent, per annum, and secured by re- 
 corded mortgages dated the 1st day of September, 1886, to 
 Russell Sage and George J. Gould, Trustees, covering the 
 railroad, property and franchises of said Companies as 
 specified in said mortgage ; the aggregate amount of all the 
 bonds secured by said mortgage being limited at the rate of 
 not exceeding $20,000 per mile of completed road ; and The 
 
Missouri Pacific Railway Company may hereafter hold, 
 acquire or become possessed of other of said fionds secured 
 by said mortgages, and such supplements thereto as may 
 hereafter be executed. 
 
 The Missouri Pacific Railway Company holds 376 First 
 Mortgage gold bonds of the Grouse Creek Railway Company, 
 of Kansas (out of a total authorized issue of 390 of said bonds), 
 each for the sum of $1,000, dated on the 1st day of July, 
 1887, payable on the 1st day of July, 1927, bearing interest 
 at the rate of six per cent, per annum, and secured by recorded 
 mortgage, dated the 1st day of July, 1887, to John F. Dillon 
 and George J. Gould, Trustees, covering the railroad, prop- 
 erty and franchises of said Company as specified in said mort- 
 gage ; and Tlie Missouri Pacific Railway Company may holcf, 
 acquire or become possessed of the remaining 14 bonds au- 
 thorized to be issued under said mortgage. 
 
 The Missouri Pacific Railway Company holds 1,273 First 
 Mortgage gold bonds of the Topeka, Salina and Western 
 Railway Company, of Kansas (out of an authorized issue of 
 4,000 of said bonds), each for the sum of $1,000, dated on 
 the 1st day of January, 1883, payable on the 1st day of Jan- 
 uary, 1923, bearing interest at the rate of six per cent, per 
 annum, and secured by recorded mortgage, dated the 1st day 
 of January, 1883, to The Farmers' Loan and Trust Com- 
 pany, Trustee, covering the railroad, property and fran- 
 chises of said Company as specified in said mortgage ; the 
 aggregate amount of all the bonds secured by said mortgage 
 being limited at the rate of not exceeding $20,000 per mile 
 of completed road ; and The Missouri Pacific Railway Com- 
 pany may hold, acquire or become possessed of other of said 
 bonds secured by said mortgage and such supplements there- 
 to as may be hereafter executed. 
 
 The Missouri Pacific Railway Company has contracted to 
 acquire, wdien issued. First Mortgage six per cent, gold bonds 
 aggregating upwards of $1,500,000, issued at the rate of not 
 
exceeding $16,000 per mile of completed road, and secured 
 by mortgage* upon the railroad and property belonging to 
 the Interstate Eailroad Company and the St. Louis and 
 Emporia Railroad Company, or their successor by consolida- 
 tion, viz., The Interstate Railway Company, including about 
 101.43 miles of road now constructed ; and may acquire 
 further like bonds, issued at a like rate per mile, of said 
 consolidated Company, and of such company or companies 
 as may construct extensions of said lines easterly to a con- 
 nection with the main line of the Missouri Pacific Rail- 
 way, and westerly to Newton and Hutchison, Kansas. 
 
 The Missouri Pacific Railway Company may also acquire 
 Pirst Mortgage bonds, issued at a rate not to exceed $15,000 
 per mile of completed road (except as to the Port Scott Belt 
 Terminal Railway Company hereinafter mentioned), and 
 bearing interest at a rate not less than five per cent, per 
 annum, secured by mortgage covering the following lines of 
 railroad now constructed or in contemplation : 
 
 40 Y^Q^ miles of branch railwa}^ in the Counties of Nemaha, 
 Cass, Otoe and Sarpy, all in the State of Nebraska. 
 
 26 -^^ miles of road of The Port Scott and Eastern Rail- 
 way Company between Port Scott, in Bourbon County, 
 Kansas, and Rich Hill, in Bates County, Missouri. 
 
 4 i^oV miles of Belt Railroad of The Port Scott Belt Ter- 
 minal Railway Company constructed around and about the 
 City of Port Scott, Kansas. 
 
 About 30 miles of the road of The Port Scott and South- 
 ern Railway Company, between Port Scott, Kansas, and 
 Minden, in Barton County, Missouri, or Pittsburgh, in Craw- 
 ford County. Kansas, and any extensions of said railroad 
 from said Minden to Webb City, in Jasper County, Missouri, 
 or from said Pittsburgh to Galena, in Cherokee County, 
 Kansas, or a point near Galena, on the State line between 
 Kansas and the Indian Territory, together with any fur- 
 ther extensions of said railroad which may be owned 
 
or constructed by said Company or by another or other 
 companies, extending southward from or by way of Joplin, 
 into Arkansas or the Indian Territory, to a point at or near 
 Ft. Smith, or an intermediate point between Joplin and Ft. 
 Smith. 
 
 5 J\^^^ miles of road extending from a point on the line of 
 the railway of the Lexington and Southern Division of the 
 Missouri Pacific Railway, at or near the City of 
 Joplin, Jasper County, Missouri, in a westerly direction to 
 Galena in Cherokee County, Kansas, or to a point on the 
 State line between Missouri and Kansas near said town of 
 Galena ; and about 25 -f^^ miles of road extending from said 
 last-mentioned point on the State line between Kansas and 
 Missouri or from said Galena, in Cherokee County, to 
 Chetopa, in Labette County, Kansas, being an extension of 
 the Denver, Memphis and x^tlantic Railway. 
 
 4 1 jW miles of road extending from Boonville, in the 
 County of Cooper, to a point of junction with the main line 
 of the Missouri Pacific Railway Company on Gray's Creek 
 near Cole, in the County of Cole, Missouri, known as the 
 Low Grade road. 
 
 About 22 miles of branch road between Belle Plaine, in 
 Sumner County, Kansas, on the Denver, Memphis and 
 Atlantic Railway, to Wichita, in Sedgwick County, 
 Kansas. 
 
 The Missouri Pacific Railway Company hereby agrees 
 with the said Mercantile Trust Company, Trustee in this in- 
 denture, and with each bondholder secured thereby, that the 
 following-named railroad companies, to wit : The Kansas, Ne- 
 braska and Dakota Railway Company ; The Grouse Creek 
 Railway Company ; The Topeka, Salina and Western Rail- 
 way Company ; The Missouri Pacific Railway Company in 
 Kansas ; The Pacific Railway in Nebraska ; The Council 
 Grove, Smoky Valley and Western Railway- Company ; 
 The Kansas City and Southwestern Railway Companies in 
 
Kansas and in Missouri ; and The Interstate Railway 
 Company, will not issue any further bonds secured by 
 the first mortgages of said companies above recited, 
 unless such further bonds shall be deposited with said 
 Trustee under the trusts of this indenture ; Provided, how- 
 ever, that said several railway companies may severally 
 make and execute indentures supplemental to their said 
 respective first mortgages limiting the issue of bonds under 
 said first mortages to such bonds as have then already been 
 deposited under the trusts of this indenture, and limiting 
 the lien of said deposited bonds to the lines of railroad and 
 property then constructed or acquired by the use of said 
 deposited bonds, or to the mileage represented under the 
 terms of said several first mortgages by said underlying 
 bonds so issued and deposited, and reserving to said com- 
 panies respectively the right to issue and use, independently 
 of the trusts of this indenture, bonds on any other portions 
 of their chartered roads and branches to be secured by new 
 first mortgages thereon. In the event that any such supple- 
 mental mortgage or mortgages shall be executed, an agree- 
 ment of assent thereto shall be stamped upon the bonds 
 affected thereby which shall have been deposited under the 
 trusts of this indenture. 
 
 And it is agreed by and between the parties hereto and 
 each holder of bonds secured hereby that the total issue of 
 bonds of The Missouri Pacific Railway Company (hereinafter 
 referred to as the First Collateral Mortgage Bonds) to be 
 secured by this Indenture shall not exceed in the aggregate 
 ten millions of dollars. 
 
 Jlicttjclc 2. At a meeting of the stockholders of The Mis- 
 souri Pacific Railway Company, held on the 15th day of 
 July, 1890, which meeting was duly called for the purpose 
 and 60 days public notice thereof given, the execution of 
 this instrument and of the bonds secured thereby was duly 
 
9 
 
 authorized by corporate resolution duly adopted by persons 
 holding the larger amount in value of the stock of the said Com- 
 pany, as well as by resolution of the Board of Directors of 
 said Company at a meeting of said Board duly called and 
 held. 
 
 ^Xtxclt 3. Now, therefore, conformably to the said reso- 
 lutions, and authority the said The Missouri Pacific Kailway 
 Company proposes to issue from time to time its own bonds 
 (hereinafter referred to as the First Collateral Mortgage 
 Bonds), dated August 1st, 1890, each for the sum of $1,000, 
 payable on the 1st day of August, 1920, bearing interest at 
 the rate of five per cent, per annum, payable semi-annually, 
 both principal and interest payable in gold coin of the 
 United States, and to secure the payment of the same by a 
 deposit with the said Mercantile Trust Company, Trustee, 
 upon the trusts and in the manner herein stated, of any of 
 the aforesaid described first mortgage bonds now held or that 
 may hereafter be possessed, acquired or held by the said The 
 Missouri Pacific Railway Company secured by the mort- 
 gages executed by the said The Rooks County Railroad 
 Company : The St. Louis, Oak Hill and Carondelet Railway 
 Company ; The Council Grove, Osage City and Ottawa 
 Railway Company ; The Missouri Pacific Railway Company, 
 in Kansas; The Kansas, Nebraska and Dakota Railway 
 Company ; The Pacific Railway Company, in Nebraska ; The 
 Council Grove, Smoky Valley and Western Railway Com- 
 pany ; The Iron Mountain Railroad Company of Memphis ; 
 The Kansas City and Southwestern Railway Companies, of 
 Missouri and of Kansas; The Grouse Creek Railway Com- 
 pany ; The Topeka, Salina and Western Railway Company ; 
 The Interstate Railroad Company, and The St. Louis and 
 Emporia Railroad Company (or the successor by consolida- 
 tion of said two last-named companies, viz.. The Interstate 
 Railway Company), and such other companies as shall 
 
10 
 
 construct, acquire or own the several lines of railroad and 
 branches, constructed, in process of construction, or pro- 
 posed to be constructed, as set forth and described in 
 Article 1 hereof. 
 
 Each bond secured by this indenture is in the following 
 form : 
 
 (form of bond.) 
 
 $1,000. UNITED STATES OF AMERICA. No. 
 
 The Missouri Pacific Railway Company's First Collateral 
 Mortgage Five Per Cent. Bond. 
 
 Know all men hy these presents, that The Missouri Pacific 
 Railway Company is indebted to the bearer, or, in case this 
 bond be registered, then to the registered owner thereof, in 
 the sum of One Thousand Dollars, which sum said company 
 promises to pay to the bearer, or in case of registration, to 
 the registered holder thereof, on the 1st day of August, 1920, 
 at its office in the City of New York, and also interest thereon 
 at the rate of five per cent, per annum, payable semi-annually 
 on the 1st days of February and August ensuing the date 
 hereof, until said principal sum shall be paid, on presenta- 
 tion of the annexed coupons at the financial agency of the 
 compan}^ in the City of New York ; both principal and in- 
 terest to be payable in gold coin of the United States of the 
 present standard of weight and fineness. 
 
 This bond is one of a series of ten thousand bonds, each 
 of the denomination of one thousand dollars, numbered con- 
 secutively from 1 to 10,000 inclusive, and is secured by a deposit 
 in trust with the Mercantile Trust Company, Trustee, under 
 an indenture between The Missouri Pacific Railway Company 
 and the said Mercantile Trust Company, bearing date July 15, 
 A. D. 1890, upon the terms and conditions and subject to the 
 /trusts specified in said indenture, of first mortgage bonds of 
 
11 
 
 railway companies wliose lines of railroad and property are 
 controlled or operated as a part of its system by The Missouri 
 Pacific Eailway Company. 
 
 The issue of this series of bonds is limited, as specified in 
 said indenture of trust, to a rate not to exceed eighty per 
 cent, of the par value of the first mortgage bonds of said 
 auxiHary railway companies, deposited in trust as aforesaid 
 for the security of this bond. 
 
 This bond shall pass by delivery or by transfer on the 
 books of this Company, in the City of New York ; after regis- 
 tration of ownership, certified hereon by the transfer agent 
 of said Company, no further transfer except on the books of 
 this Company shall be valid unless transferred to bearer on 
 said books, after which this bond shall pass by delivery as 
 at first, but shall continue subject to registration and trans- 
 fer to bearer successively at the option of each holder. 
 
 This bond shall be valid only when authenticated by a 
 certificate endorsed hereon signed by the Trustee to the 
 effect that it is one of the bonds secured by this Company's 
 said Indenture of Trust of July 15th, 1890. 
 
 In testimony whereof, the said The Missouri Pacific Eail- 
 way Company has caused its corporate seal to be hereto 
 affixed and this bond to be signed in its corporate name by 
 its President or Vice-President and countersigned by its 
 Secretary, this 1st day of August, A. D., 1890. 
 
 The Missouri Pacific Railway Company, 
 By 
 
 President. 
 Countersigned : 
 
 Secretarv. 
 
12 
 
 Each coupon to the said bond is in the following form : 
 
 (form of coupon.) 
 
 On the first day of The Missouri 
 
 Pacific Railway Company Avill pay to the bearer, at its 
 Financial Agency, in the City of New York, $25 in gold coin 
 of the United States, being six months interest on its First 
 Collateral Mortgage Bond No. 
 
 Treasurer. 
 
 Each bond secured by this indenture has endorsed thereon 
 the certificate of the Trustee in the following form : 
 
 (form of trustee's certificate.) 
 
 It is hereby certified that the within bond is one of the 
 bonds secured by the within mentioned Indenture of Trust 
 between The Missouri Pacific Railway Company and the 
 undersigned Trustee, dated July 15th, 1890. 
 
 Mercantile Trust Company, Trustee. 
 By 
 
 ; President. 
 
 ^XticXj^ 4. The times and manner in which deposits in 
 trust herein shall be made, held and executed, shall be as 
 follows : 
 
 Upon the deposit from time to time of underlying bonds 
 herein described from either or any of the Railroad or Rail- 
 way Companies mentioned and described in Articles 1 and 
 10 hereof, at the rate and to the amount per mile of com- 
 pleted road allowed by their respective mortgages as speci- 
 fied herein, the said Trust Company, Trustee, is to certify 
 the said First Collateral Mortgage Bonds of The Missouri 
 Pacific Railway Company to an amount equal to eighty per 
 cent, of the par value of the underlying bonds w^hich shall 
 
13 
 
 have been thus deposited ; Provided, hoivever, that no de- 
 posit of bonds shall be made except of the number allowed 
 to be issued for one mile of completed road, or multiples 
 thereof, and said Trust Company shall not be asked to cer- 
 tify said First Collateral Mortgage Bonds except in lots 
 of not less than twelve bonds ; and Provided further, that the 
 Trust Compan}^ shall not certify under this indenture First 
 Collateral Mortgage Bonds secured hereby to an amount in 
 the aggregate exceeding ten millions of dollars. 
 
 The certificate of said Trust Company shall declare that 
 the bonds thus certified are issued under this indenture ; and 
 the holders thereof shall thereupon be entitled to all the 
 benefits of said trust and comprehended in all its provisions ; 
 and no bond not thus certified shall be so embraced or in 
 any manner participate in the trust or security hereby cre- 
 ated. All said bonds thus deposited in trust from time to 
 time, irrespective of the date of such deposit, shall stand and 
 be held as a common security as well for said First Collateral 
 Mortgage Bonds then and theretofore issued and certified 
 as for those that may thereafter be issued and certified in 
 conformity to the provisions of this instrument. This pro- 
 vision shall not be construed as conflicting with provisions 
 hereinafter stated as to the disposition of said bonds. 
 
 JirtijCl^ 5. The Missouri Pacific Eailway Company agrees 
 to pay promptly, as it matures, the semi-annual interest on 
 said First Collateral Mortgage Bonds to the holders of the re- 
 spective coupons when presented, as provided in the said 
 bonds. The interest on the underlying bonds received from 
 time to time by the Trust Company shall at once be paid 
 over to The Missouri Pacific Eailway Company ; Provided, 
 the said Missouri Pacific Eailway Company is not at the 
 time in default in the payment of the principal or interest 
 on the said First Collateral Mortgage bonds. 
 
 ^xXifiXz 6« No responsibility shall attach to said Trust 
 
14 
 
 Company in regard to the final redemption of either of 
 said classes of said bonds or the interest thereof, other 
 than as funds are provided therefor. Nor is said Trustee 
 to be liable for any act or omission not the result of its own 
 willful default. 
 
 The evidence for the guidance and action of the Trustee 
 that the underlying bonds (in respect to which said First Col- 
 lateral Mortgage bonds are to be certified by the Trustee 
 herein at the rate herein specified and provided) are of the 
 character required to be deposited, shall be a certified copy 
 of the corporate resolution to that effect of the Board of 
 Directors of The Missouri Pacific Kailway Company, be- 
 yond which resolution the said Trustee herein is not 
 obliged to look. 
 
 The Trustees shall be entitled to reasonable compensation 
 for all services rendered under this indenture. 
 
 ^XticXj^ 7. In case the said The Missouri Pacific Railway 
 Company shall fail to make payment of the interest as it 
 matures on said First Collateral Mortgage bonds, then, 
 upon the request of the holders of said bonds to an 
 amount equal to twenty-five per cent, of such bonds then 
 outstanding, the said Trust Company, upon six weeks' notice 
 in two newspapers in the Citj- of New York of the time and 
 place of sale, shall sell at public auction, unless it shall elect 
 to proceed by suit, such portion of the said underlying 
 bonds, or other securities which it may so have in its pos- 
 session for said trust, as may be necessary to pay the 
 amount of principal and interest to date of sale of 
 all the said First Collateral Mortgage bonds of 
 the said The Missouri Pacific Railway Company re- 
 maining unpaid ; and if the proceeds of the said sale 
 shall be insufficient for that purpose, shall distribute 
 the same pro rata, and, after payment of all said First 
 Collateral Mortgage Bonds and such interest from the pro- 
 
15 
 
 ceeds of sale, surrender the surplus, if any, with the remainder 
 of the bonds and securities, to the said The Missouri Pacific 
 Kailway Company ; and in case the said The Missouri Pacific 
 Railway Company shall fail to pay the principal of its said 
 bonds at maturity, said Trust Company is in like manner to 
 sell or foreclose said underlying bonds thus held in trust, 
 apply the proceeds to the payment of said bonds of the said 
 The Missouri Pacific Railway Company, and the interest due 
 thereon, and surrender the surplus and the remainder of 
 the bonds and securities, if any, to the said The Missouri 
 Pacific Railway Company. 
 
 ^Xticlz 6. In case of default in the payment of either 
 the principal or interest of the said underlying bonds, or 
 any part thereof, then said Trust Company, upon the request 
 of the said The Missouri Pacific Railway Company, shall, upon 
 being reasonably indemnified for costs and expenses, take 
 the necessary steps to cause the mortgage or mortgages 
 securing the payment of the underlying bonds thus in 
 default to be foreclosed, and to that end said Trustee shall 
 commence or unite in any foreclosure suit or proceedings to 
 foreclose the said underlying bonds, including the reorgani- 
 zation of the company foreclosed, or the incorporation of a 
 new company, and in such case the underlying bonds held 
 under the trusts hereby created, may be by said 
 Trustee deposited w4th, transferred to, or held subject 
 to the order of any foreclosure or purchasing com- 
 mittee as and whenever required for that purpose, 
 provided that any receipt, certificate or other evi- 
 dence of title and ownership of any interest in such fore- 
 closure or reorganization given or received for any of said 
 underlying bonds so transferred or deposited or held, and 
 any and all titles and any and all new shares or securities of 
 such reorganized or new company shall be made or issued 
 
16 
 
 to said Trustee and held by it under the same trusts as the 
 underlying bonds so transferred, deposited or held. 
 
 Jlvticlc 9. It is expressly agreed by and between the 
 parties hereto and each bondholder secured hereby, that if 
 any two or more or all of the Eailroad or Railway Companies 
 liereinbefore named in Article 1 hereof as the companies 
 issuing underlying bonds, shall consolidate with themselves 
 or with other connecting railways which are part of the 
 Missouri Pacific Railw^ay system that the consolidated 
 Company or Companies may issue bonds secured by a first 
 mortgage on the railroads so consolidated and place or sub- 
 stitute the same with the Trustee hereof in lieu or in the 
 place of the underlying bonds hereinbefore described, by a de- 
 posit of the same wdth the Trustee hereof under the trusts 
 of this Indenture ; provided that the underlying bonds, if 
 then already issued and deposited, shall be canceled when 
 such substitution is made, and that evidence thereof shall 
 be duly recorded ; and, provided further, that such bonds of 
 such consolidated company or companies, or substituted 
 bonds, are secured by a first mortgage lien on the consoli- 
 dated railroad or railroads in respect of which they are 
 issued, and are issued at no greater rate per mile of com- 
 pleted road than the underlying bonds of the constit- 
 uent companies, or the deposited bonds for which they are 
 subsititued ; it being agreed that all of the trusts, provisions 
 and limitations of this Indenture as to the underlying bonds 
 above herein described shall apply to the said consolidated 
 bonds placed or substituted with the Trustee herein as above 
 provided. 
 
 All underlying bonds and all of said substituted bonds 
 deposited with the Trustee herein, under Articles 1 and 
 10 hereof, shall be stamped so as to show that they haVe 
 been deposited under and are held by the Trustee for the 
 trusts of this Indenture. 
 
17 
 
 Jlt;txi:Ije XO. Inasmuch as by their terms some or all of 
 the underlying bonds fall due prior to the date of the ma- 
 turity of the bonds of The Missouri Pacific Kailway Com- 
 pany secured by this Indenture, it is agreed by and between 
 the parties hereto and each bondholder secured hereby that 
 said Companies respectively which issued such underlying 
 bonds, or their successors, may at the maturity of such un- 
 derlying bonds, extend the time of the payment thereof, at 
 the same rate of interest, until the date of the maturity of 
 the said First Collateral Mortgage bonds secured hereby, the 
 same remaining in this trust and subject to the provisions 
 thereof, or instead of such extensions, such underlying 
 bonds may at their muturity be renewed, and such renewal 
 bonds shall be received and held by the Trustee herein upon 
 the trusts thereof, but such renewal bonds shall be first 
 mortgage bonds secured on the same property, bearing, at 
 least down to August 1st, 1920, interest at a rate not less 
 than the bonds renewed, and shall not be issued at any 
 greater rate per mile of completed road than were the bonds 
 "which are so renewed. 
 
 ^xticXz XX. For all expenditures made and services ren- 
 dered in the execution of this trust, said Trust Company 
 shall receive a reasonable compensation, to be paid out of 
 the proceeds of the trust fund before any payments are made 
 for or on account of interest or principal of said bonds. 
 
 It is understood and agreed, that upon the redemption or 
 payment of principal and interest and cancellation of said 
 Missouri Pacific Railway Company's First Collateral Mortgage 
 bonds certified under this agreement, and upon the payment 
 to the Trust Company of all the reasonable expenses of this 
 trust, the remaining bonds, securities and cash, if any, shall 
 be paid over to The Missouri Pacific Kailway Company. 
 
 in tjesttmjong wUtXi^off the said The Missouri Pacific 
 Railway Company has caused its corporate seal to be hereto 
 
18 
 
 affixed and these presents to be subscribed by its President 
 and Secretary, and the said Mercantile Trust Company 
 has caused its corporate seal to be hereto affixed, and these 
 presents to be subscribed by its President and Secretary, the 
 day and year first above written. This indenture is executed 
 in triplicate, to serve as one. 
 
 The Missouri Pacific Eailway Company, 
 
 By 
 
 Jay Gould, 
 
 President. 
 
 [seal.] 
 
 Attest : 
 
 A. H. Calef, 
 
 Secretary. 
 
 The Mercantile Trust Company, 
 By 
 
 Louis Fitzgerald, 
 
 President. 
 
 [SEAL.] 
 
 Attest : 
 
 C. Hunter, 
 
 Asst. Secretary. 
 
19 
 
 State of New York, ) 
 
 > ss.: 
 City and County of New York, ) 
 
 Be it remembered, that on this 17th day of July, A. D, 
 1890, before me, Wm. J. Harding, a Notary Public, in 
 and for the State and County of New York, personally 
 appeared Jay Gould, President, and Amos H. Calef, Secre- 
 tary, of The Missouri Pacific Eailway Company, to me re- 
 spectively personally known to be such, who, being by me. 
 severally sworn, did depose and say that he, said Gould, re- 
 sides in New York City, State of New York ; that he, said 
 Gould, is the President, and he, said Calef, is the Secretary 
 of the said The Missouri Pacific Eailway Company ; that 
 they both know the corporate seal of said Company ; that 
 the seal affixed to the foregoing instrument is such corporate 
 seal ; that it was so affixed thereto by order of the Board of 
 Directors of said Company and that they, the said Gould, as 
 such President, and the said Calef, as Secretary, signed the 
 name of said Company, and their own names thereto, by the 
 like order, as President and Secretary of said Company re- 
 spectively, and they each, respectively, being personally 
 known to me to be the same persons whose names are signed 
 to the foregoing instrument, as parties thereto, acknowledged 
 to me that they signed, sealed and executed the same as 
 their own free and voluntary act and deed, and as the free 
 and voluntary act and deed of the said Company, for the con- 
 sideration, purposes and objects therein stated. 
 
 In witness whereof, I have hereunto set my hand and 
 official seal the day and year first above written. 
 
 Wm. J. Harding, 
 [SEAL.] Notary Public, 
 
 New York and Kings Counties, 
 State of New York. 
 
20 
 
 State of New Yoke, ^ 
 
 > ss.: 
 City and County of New York, ) 
 
 Be it remembered, that on this 17th day of July, A. D. 
 1890, before me, Wm. J. Harding, a Notary Public, in and 
 for the State and County of New York, personally appeared 
 Louis Fitzgerald, President, and C. Hunter, Assistant 
 Secretary, of the Mercantile Trust Company, to me 
 respectively known to be such, who, being by me severally 
 duly sworn, did depose and say that he, said Fitzgerald, 
 resides in New York City, State of New York ; that he, said 
 Fitzgerald, is the President, and he, said Hunter, is the 
 Assistant Secretary of the said Mercantile Trust Company ; 
 that they both know the corporate seal of said Com- 
 pany ; that the seal affixed to the foregoing instrument is 
 such corporate seal ; that it was so affixed thereto by order 
 of the Board of Directors of said Company, and that they, 
 the said Fitzgerald, as such President, and the said Hunter, 
 as Assistant Secretary, signed the names of said Company 
 and their own names thereto, by the like order, as President 
 and Assistant Secretary of said Company, respectively, and 
 they each, respectively, being personally known to me to be 
 the same persons whose names are signed to the foregoing 
 instrument, as parties thereto, acknowledged to me that they 
 signed, sealed and executed the same as their own free and 
 voluntary act and deed, and as the free and voluntary act 
 and deed of said Company, for the consideration, purposes 
 and objects therein stated. 
 
 In witness whereof, I have hereunto set my hand and 
 affixed my official seal the day and year first above men- 
 tioned. 
 
 Wm. J. Harding, 
 [seal.] Notary Public, 
 
 New York and Kings Counties, 
 State of New York. 
 
 July 25, '90.— 1000. 
 
Gaylamount 
 
 Pamphlet 
 
 Binder 
 
 Gaylord Bro».. Inc 
 
 Stockton, Calif. 
 
 T.M. Reg. U.S. Pat. Off. 
 
 \^m 
 
 THE UNIVERSITY OF CAUFORNIA LIBRARY