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 TRUST MORTGAGE, 
 
 dticaga t and (^uiuctj |toit §tad 
 
 Company 
 
 TO 
 
 HANS REIMER CLAUSSEN, SIDNEY BARTLETT, 
 AND CHARLES G. LORING. 
 
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 TRUST MORTGAGE. 
 
 <S$tajp, IitrIingt0u anlr Quints Sail itoafo tap% 
 
 TO 
 
 HANS REIMER CLAUSSEN, SIDNEY BARTLETT, AND CHARLES G. 
 
 LORING. 
 
 ®I)I0 Inbentltrr, made this First day of September. A. D. 
 1860, between the Chicago, Burlington and Quincy Rail 
 Road Company, a Corporation duly constituted as such, under 
 the laws of the State of Illinois, party of the first part, and 
 Hans Reimer Claussen, of Davenport, in the State of Iowa, 
 Sidney Bartlett and Charles G. Loring, of the city of 
 Boston, State of Massachusetts, Trustees of such bondholders 
 of the first mortgage on the Northern Cross Railroad Company, 
 who have entered, or shall hereafter enter, into an agreement, 
 bearing date June 4, 1860, hereinafter stated, parties of the 
 second part : — 
 
 U%rea0, in accordance with a special law, passed by the 
 Legislature of the State of Illinois, for the benefit of the Chi- 
 cago and Aurora, the Central Military Tract, and Northern 
 Cross Railroad Companies, and approved January 16, 1855, and 
 also agreeably to a general law, passed by the Legislature of 
 the State of Illinois, and approved February 12, 1855, for the 
 purpose of aiding in the construction and operation of the 
 Northern Cross Road, an agreement was executed bearing date 
 January 1, 1855, between the Northern Cross Railroad Com- 
 pany, of the first part, the Central Military Tract Railroad 
 Company, of the second part, the Chicago and Aurora Railroad 
 Company, of the third part, and John M. Forbes, John Eliot 
 Thayer, and Louis A. von Hoffman, as Trustees of the bond- 
 holders of the second mortgage, on the Northern Cross Railroad, 
 
 V 
 
 59040 
 
4 
 
 of the fourth part ; by which agreement it was covenanted be- 
 tween said parties of the second, third, and fourth parts, that 
 certain bonds issued by said parties of the first part, amounting 
 to one million of dollars capital, and secured by a second 
 mortgage on said Northern Cross Railroad, connecting at Gales- 
 burg with the two other Roads above mentioned, should be 
 purchased by each party of the second and third parts, from 
 and after the first day of January, 1857, to the amount of 
 twenty-five thousand dollars semi-annually, so long as said 
 bonds can be purchased at par, upon certain terms and in man- 
 ner, as is more fully stated in said contract, to which reference 
 is hereby made ; and whereas , the said parties of the second 
 and third parts, now legally consolidated under the name of 
 the Chicago, Burlington and Quincy Railroad Company, have 
 bought, in assumed compliance with said contract of January 
 1, 1855, of said Northern Cross, second mortgage bonds — the 
 amount of nearly two hundred thousand dollars ; and whereas , 
 the validity of said contract has been controverted by said 
 Company, and an injunction has been issued restraining the 
 Chicago, Burlington and Quincy Railroad Company from 
 buying any more bonds, in accordance with said contract of 
 January 1, 1855 ; and whereas , a compromise has been made 
 with certain of the holders of said second mortgage Northern 
 Cross Railroad Company’s bonds, by which compromise the 
 Chicago, Burlington and Quincy Railroad Company agrees to 
 buy the bonds of said bondholders, who have consented, or will 
 consent, to said compromise, made at Frankfort-on -the-Maine, 
 June 4, 1860, in the manner therein set forth. 
 
 Whereas , by such purchases, the said Chicago, Burlington 
 and Quincy Railroad Company has acquired a right of redeem- 
 ing the first mortgage, created on said Northern Cross Railroad : 
 
 And whereas, the manner of purchasing or redeeming said 
 first mortgage, and also of paying for the said second mortgage 
 bonds, has been agreed upon in said contract of June 4, 1860, 
 between the representatives of the owners of certain of said 
 bonds of the one part, and the Honorable Charles H. Warren, 
 as Attorney in fact for the Chicago, Burlington and Quincy 
 Railroad Company, of the second part, which said contract of 
 June 4, 1860, has been unanimously approved by the Directors 
 of said Company, has also been ratified by a majority of all 
 the stockholders of the same, in a meeting duly notified and 
 
5 
 
 held at Chicago, August 24, A. D. 1860, and is conceived in 
 the- following terms : 
 
 “ An Agreement made this 4th day of June, 1860, between 
 such holders of the first, and such holders of the second mort- 
 gage bonds of the Northern Cross Railroad Company as become 
 parties hereto, of the first part, and the Chicago, Burlington 
 and Quincy Railroad Company, of the second part. 
 
 I. Northern Cross First Mortgage. 
 
 § 1. The party of the second part agrees to buy all the North- 
 ern Cross first mortgage bonds which are held by the bond- 
 holders, parties hereto, at par of the principal, and to pay there- 
 for in bonds of the Chicago, Burlington and Quincy Railroad 
 Company — which bonds are to be payable in thirty years from 
 the first July, 1860, with coupons attached. The interest on 
 these bonds is to be paid half-yearly, and is to be as follows : — 
 for the first fifteen years, four and a half per cent per annum, 
 and for the second fifteen years, four per cent per annum. 
 
 § 2. These bonds are to be secured by a mortgage upon the 
 said Chicago, Burlington and Quincy Road, which mortgage is 
 to be for the sum of $1,200,000, the party of the second part 
 stipulating that no bonds are to be issued under said mortgage, 
 excepting in exchange for first mortgage bonds of the Northern 
 Cross Railroad, and further stipulating that the whole amount 
 of mortgage debt of the Chicago, Burlington and Quincy 
 Road, and of the Central Military Tract Railroad, and of the 
 Chicago and Aurora Railroad, united, having precedence of the 
 mortgage herein before agreed to be given, shall not exceed 
 the sum of $5,000,000. 
 
 § 3. On the first day of July, 1876, the party of the second 
 part, agree to pay the sum of $25,000, for the redemption of 
 their said bonds at par, and thereafterwards at least the same 
 sum semi-annually, for the like purpose ; but the whole loan 
 to be redeemed on or before the first July, 1890, agreeably to 
 § 1, — these amounts, as well as the coupons of the new bonds, 
 to be paid to Messrs. John Goll & Sons, in Frankfort, at fi. 2.24 
 kr. per dollar, and their receipts therefor are to be a full dis- 
 charge to the mortgagers. 
 
 § 4. All past due coupons of the first mortgage bonds on the 
 Northern Cross Railroad are to be given up, and delivered to 
 the Chicago, Burlington and Quincy Road, except that they 
 
6 
 
 are to be held as collateral security with said bonds in the 
 manner hereinafter provided. 
 
 § 5. As collateral security for the payment of said bonds 
 hereby agreed to be given, the present first bonds now holden 
 by the parties hereto of the first part, are to be deposited with 
 the New York Life and Trust Company ; and upon the failure 
 of the Chicago, Burlington and Quincy Road to comply with 
 any of the conditions of this contract, said bonds are to be at 
 the disposal of the present holders thereof, or their respective 
 assigns or successors. 
 
 § 6. As the coupons of the new bonds are paid, the Depositary 
 is to deliver to the Chicago, Burlington and Quincy Road the 
 corresponding coupons of the bonds so lodged as collateral. 
 
 § 7. The present Trustees of the Northern Cross bondholders 
 are not in any manner to interfere with any of the bonds so 
 deposited, until a breach of this contract on the part of the 
 party of the second part ; and until such breach, the said pafty 
 of the second part are to exercise all the rights of ownership of 
 said deposited bonds, for the purpose of taking possession of 
 said Northern Cross Railroad, of foreclosing the mortgage on 
 the same, if they deem it expedient, and for any other purpose 
 not inconsistent with the security intended to be provided for 
 by this contract. 
 
 § 8. If the parties of the second part should, by any means, 
 become the owners of the Northern Cross Road, then they will 
 issue their bonds, bearing an interest of 8 per cent, correspond- 
 ing in time of payment with the old Northern Cross first mort- 
 gage bonds, and in amount with the new bonds herein before 
 provided for, then not redeemed, — which 8 per cent bonds are 
 to be secured by a first mortgage on the Northern Cross Road, 
 and to be deposited as collateral security as aforesaid, in lieu of 
 the old Northern Cross 8 per cent bonds. This first mortgage 
 not to be more than required for this special purpose. 
 
 § 9. Should the Northern Cross Road be purchased by parties 
 other than the Chicago, Burlington and Quincy Road, that 
 portion of the purchase money which would be applicable to 
 the bonds deposited as collateral security as aforesaid, shall be 
 paid to the Trustees under the mortgage provided for in the 
 first clause hereof, and be by them invested, and with its 
 accumulations await the maturity of said bonds. 
 
 § 10. If this purchase money should be less than thirty per 
 
7 
 
 cent of the new bonds mentioned in said first clause then un- 
 redeemed, the Chicago, Burlington and Quincy Road will make 
 up that amount by paying the difference to the Trustees, to be 
 invested as aforesaid. 
 
 §11. It is understood and hereby expressly agreed, that any 
 change of the proprietors of the Northern Cross Road shall not 
 alter or diminish any of the obligations of the Chicago, Burling- 
 ton and Quincy Road arising out of this contract. 
 
 § 12. It is agreed, that any vacancy occurring among the 
 present Trustees under the first and second mortgage of the 
 Northern Cross Road, shall be filled by agreement between the 
 remaining Trustee or Trustees, and the Chicago, Burlington 
 and Quincy Road ; or if they cannot agree, the Depositary 
 aforesaid shall fill said vacancy. 
 
 § 13. As Trustees under the new mortgage provided for in 
 the first clause hereof, the bondholders shall appoint one, the 
 Chicago, Burlington and Quincy Road shall appoint one, and 
 the two shall appoint the third ; or if they cannot agree, the 
 President of the said Corporation named as Depositary shall 
 appoint the third. 
 
 <§> 14. The validity of this contract is not to be affected by 
 any outstanding claims against said Northern Cross Road, even 
 although such claims may have precedence of all mortgages 
 thereon. 
 
 II. Northern Cross Second Mortgage. 
 
 § 15. In regard to the holders of second mortgage bonds, 
 parties hereto, the Chicago, Burlington and Quincy Road stip- 
 ulate and agree as follows : that instead of the $50,000 to be 
 paid semi-annually to said second bondholders according to the 
 terms of the contract of January 1st, 1855, they will pay 
 $25,000 semi-annually ; the first payment to be made on the 
 first of January, 1861. Said payment, and all subsequent ones, 
 which are to be made on the first of January and first of July, 
 are to be made to Messrs. John Goll & Sons, at the rate of 
 exchange before named, and their receipt is to be in full dis- 
 charge : — this sum of $25,000 to be paid, if all the second bond- 
 holders become parties hereto, and pro rata to those who do 
 become parties, if all do not ; and these payments are to be made 
 until the whole of the par of the second mortgage bonds held 
 by the parties of the first part hereto are paid. 
 
8 
 
 § 16. All past due coupons ever attached to the said second 
 mortgage bonds are to he delivered to the Chicago, Burlington 
 and Quincy Road. (See § 18.) 
 
 § 17. If for any reason this contract should be defective, or 
 for any reason abrogated, or if the Chicago, Burlington and 
 Quincy Road should fail to perform their part of it, then the 
 second bondholders, parties hereto, are to be remitted to all 
 their rights under the contract of January 1, 1855, without any 
 prejudice to such rights from any thing herein contained ; and 
 with this proviso, the said second bondholders, parties hereto, 
 agree to such modification of said contract of January, 1855. 
 
 § 18. As collateral security for the performance of this con- 
 tract, the said second mortgage bonds, and all their coupons 
 now unpaid, are to be deposited with the same depositary, and 
 to be kept upon the same terms and conditions as those herein 
 before provided for in regard to the first ; and in case the Chi- 
 cago, Burlington and Quincy Road become the owners of the 
 Northern Cross Road, they are to give a new second mortgage 
 thereon, and coupons (like § 8) to secure said bonds. This 
 second mortgage is not to be more than is necessary for this 
 special object. 
 
 § 19. Should any bondholders not parties to this contract 
 obtain, directly or indirectly, by reason of any voluntary agree- 
 ment or bargain to be made by the Chicago, Burlington and 
 Quincy Road, any better conditions than those hereby made 
 with the parties hereto, for the same description of bonds, then 
 the said Road and its successors shall be bound in honor and 
 in law to keep the parties hereto not worse off than the most 
 favored bondholders of their class respectively. 
 
 § 20. The Chicago, Burlington and Quincy Road shall not 
 be held to be in default in regard to any payment provided for 
 by this contract, till the expiration of thirty days from the time 
 named for such payment ; but if there be any delay, even for 
 the thirty days, interest at the rate of six per cent per annum 
 is to be paid by them. 
 
 § 21. Should the said depositary resign that trust, or should 
 the parties hereto desire to change said depositary, or should 
 the Trustees of the new bonds be of opinion that the interest 
 of either party requires such change, then the said Trustees 
 may appoint a new depositary. 
 
 § 22. In case of the dissolution of the firm of John Goll &' 
 
9 
 
 Sons, the bondholders shall name some other person in Frank- 
 fort, to whom the payments herein before provided for shall be 
 made, in lieu of said Goll & Sons. 
 
 § 23. As the Chicago, Burlington and Quincy Road makes 
 payments of the new bonds to be issued as herein provided, a 
 corresponding amount of the first bonds lodged as collateral, 
 with coupons, is to be delivered to them, and until they are so 
 delivered the said Road shall not be obliged to make further 
 payments. And as to the second mortgage bonds, before they 
 shall be re-delivered to the parties hereto in consequence of a 
 failure of the Chicago, Burlington and Quincy Road to fulfill 
 this contract, all sums that shall have been paid shall be cred- 
 ited and endorsed on the bonds accordingly. 
 
 $ 24. The Chicago, Burlington and Quincy Road agree to 
 make the following payments: — 
 
 a. To pay the balance due upon the former drawings of 
 $200,000 of the second mortgage bonds, which is now in 
 arrear : 
 
 b. To pay to John Goll & Sons $1,625 on account of ex- 
 penses to which the second mortgage bondholders are sub- 
 jected : 
 
 c. To pay the fees of the gentleman of the law who shall 
 draw out a contract upon the basis hereby established, (if such 
 further instrument shall be deemed necessary by the parties of 
 the first part.) 
 
 § 25. When this contract is finally executed, all the bonds 
 held by the parties thereto are to be stamped or marked as 
 follows : “ Subject to the contract of June the fourth, 1860.” 
 
 $ 26. The new bonds and coupons of the Chicago, Burling- 
 ton and Quincy Road are to be dated July first, 1860, and sent 
 to John Goll & Sons on or before November first, 1860 ; 
 whereupon they are to deliver to the depositary the present 
 bonds, according to the foregoing agreement. 
 
 § 27. No ‘bondholders to be allowed to become a party to 
 this agreement after the first of August next, except by the 
 consent of the Chicago, Burlington and Quincy Road. 
 
 § 28. Whenever in this contract the Northern Cross Railroad 
 is mentioned, the road now called the Quincy and Chicago 
 Road is intended. 
 
 $ 29. The first bondholders, parties hereto, hereby nominate 
 2 
 
10 
 
 and appoint Dr. H. R. Claussen, Attorney at Law, Notary 
 Public and Justice of the Peace at Davenport, Iowa, as the 
 Trustee under the new bonds, to be named by them as pro- 
 vided in Article 13. 
 
 <§> 30. The parties of the first part will, simultaneously with 
 the execution hereof, give to Charles H. Warren, Esq., a list of 
 the numbers of the bonds they represent. 
 
 In witness whereof \ all the parties aforesaid have interchange- 
 ably set their hands to this German and English version 
 hereof.” 
 
 Now, therefore, this Indenture witnesseth, that the said 
 party of the first part, in order to secure the payment of one 
 million and two hundred thousand dollars principal, and interest 
 thereon, or such part thereof as may belong to persons who 
 have or may become parties to said contract of June 4, 1860, 
 for the benefit of the bondholders of the first mortgage on the 
 Northern Cross Railroad, and in consideration of the sum of 
 one dollar paid at the sealing and delivering of this instrument 
 by the said parties of the second part, the receipt whereof is 
 hereby acknowledged, have granted, bargained, sold, transfer- 
 red and conveyed unto the said parties of the second part, (who 
 hereby accept the trust herein contained,) and to the survivor 
 or survivors, and successor or successors in the said trust or 
 assigns, their Railroad now in operation from the junction of the 
 Galena and Chicago Union Railroad, (at a point about thirty 
 miles from Chicago,) to Galesburg, in the State of Illinois, a dis- 
 tance of about one hundred and thirty-nine miles, to the point of 
 the junction with the Peoria and Oquawka Railroad, with all 
 the appurtenances now thereto belonging, and hereafter to be 
 acquired, including the right of way and land occupied, 
 acquired and to be acquired thereby, together with the super- 
 structure thereon, or to be constructed thereon, or procured 
 therefor, inclusive of the iron rails, equipments and superstruc- 
 ture purchased, or to be purchased therefor, bridges, viaducts, 
 fences, depot grounds and buildings thereon, including the 
 depot grounds at Chicago, engines, tenders, cars, tools, ma- 
 chinery, and all other goods and chattels, right thereto or interest 
 therein, and all the franchises, rights and privileges of the said 
 party of the first part in, and to, and concerning the said Rail- 
 road constructed, or to be constructed, and its appurtenances 
 
11 
 
 and said depot grounds ; but nothing herein contained shall be 
 construed to prevent the party of the first part from selling, 
 hypothecating or disposing of land or any other property of 
 the said Company, not necessary to be retained for their road- 
 way or depot grounds, nor required for the construction or 
 convenient use of said Road ; nor from collecting moneys due 
 the Company ; provided, that no default shall have been made 
 in the payment of the interest and of the payments upon the 
 principal due to the bondholders herein mentioned. 
 
 And it is distinctly agreed and understood, that said Rail- 
 road, property and estate, rights and franchises, of whatever 
 nature, hereby conveyed, are subject to a mortgage heretofore 
 made by said Chicago, Burlington and Quincy Railroad Com- 
 pany to R. B. Forbes, J. N. A. Griswold and E. L. Baker, by 
 indenture bearing date January 1, 1858, under which said Rail- 
 road Company have issued, and are authorized to issue here- 
 after, bonds or other obligations to the extent of five millions of 
 dollars, for the purpose, among other things, of extinguishing 
 prior mortgages upon said Road made by the Central Military 
 Tract, and Chicago and Aurora Railroad Companies, and this 
 conveyance is made subject to the right of said Chicago, Bur- 
 lington and Quincy Railroad Company to issue said bonds for 
 five millions of dollars ; provided, that the amount of all the 
 incumbrances on the Road prior to this mortgage shall in no 
 event exceed five millions of dollars, and provided, also, that on 
 the premises aforesaid no new incumbrance shall be created 
 giving priority to this mortgage. 
 
 And it is understood and agreed, that the bonds issued under 
 this mortgage, shall be countersigned by the Trustees, or a 
 majority of them. 
 
 To have and to hold the said premises, and every part 
 thereof, with the appurtenances, unto the said parties of the 
 second part, the survivor or survivors of them and assigns, 
 upon the following trusts, that is to say : In case the party of 
 the first part shall fail to pay the principal, or any part thereof, 
 or any of the interest on any of the said bonds issued, or to be 
 issued, under this Indenture, at any time when the same may 
 become due and payable, or any other interest due, according 
 to the said contract of June 4, 1860, then, after thirty days 
 from such default, upon request of the holder or holders of 
 
12 
 
 any of such bonds, the said parties of the second part, the 
 survivor or survivors, or the successor or successors of them 
 in the said trust, or their assigns, shall have power to enter 
 into and upon, and to take possession of all or any part 
 thereof of the said Railroad, and all and singular the property 
 and effects hereby conveyed; and as the Attorney in fact, 
 or Agent of the said party of the first part, by themselves 
 or Agent, or substitute duly appointed, to have, use and em- 
 ploy the same, making from time to time all needful repairs, 
 alterations and additions thereto ; and after deducting the ex- 
 pense of such use, repairs, alterations and additions, and indem- 
 nifying themselves from all loss, damage or liability arising 
 in their management of said Road, and their own reasonable 
 compensation, apply the proceeds thereof to the payment of 
 the interest and principal of all said bonds remaining unpaid, 
 whether the said bonds shall have fallen due or otherwise. 
 
 And the said parties of the second part, the survivor or sur- 
 vivors, successor or successors in said trust, and their assigns, in 
 case of such default, at their or his discretion, may, or on the 
 written request of the holders of at least one-half of the bonds 
 then unpaid, shall cause either the whole of the said premises 
 subject to said prior mortgages, or, at their discretion, so much 
 thereof as shall be necessary to pay and discharge the principal 
 and interest of all such said bonds as may then be unpaid as 
 aforesaid, and whether the same have matured or otherwise, to 
 be sold at public auction, in the city of New York, or in the 
 city of Chicago, in the said State of Illinois, giving at least 
 sixty days’ notice of the time, place and terms of said sale, by 
 publishing the same in two daily newspapers, in each of the 
 cities aforesaid, and shall execute to the purchaser or pur- 
 chasers, a good and sufficient deed of conveyance, in fee sim- 
 ple, for the same, which shall be a bar against the party of the 
 first part, their successors and assigns, and all persons claiming 
 under them, of all rights, interests or claims in or to said pre- 
 mises or property, so sold and conveyed, or any part thereof. 
 And it is further agreed, that at any sale as aforesaid, of the 
 whole or any part of the premises, by the said Trustees, they 
 may, if they think it for the interest of the bondholders, 
 become bidders and purchasers of the same, provided they 
 shall not bid or pay therefor a sum that shall exceed the 
 amount due, and to become due, to said bondholders ; and upon 
 
13 
 
 such purchase, the premises which shall be sold shall be 
 thenceforth held in trust for said bondholders, in proportion 
 to their respective debts or claims against said Corporation ; 
 but subject to all expenses and compensation as aforesaid. 
 
 And the said Trustee or Trustees shall, in case they do not 
 buy the same for account of the bondholders as above provided, 
 after deducting from the proceeds of said sale the cost and 
 expenses thereof, and of managing such property, and their 
 own reasonable compensation, apply so much of the proceeds 
 as may be necessary to the payment, as aforesaid, of the said 
 principal, and of the interest due or unpaid on said bonds, and 
 shall restore and pay the residue thereof, if any there shall be, 
 to the party of the first part ; it being hereby expressly under- 
 stood, that in no case shall any claim or advantage be taken of 
 any valuation, appraisement or extension laws, by said party 
 of the first part, nor any injunction or stay of proceedings to 
 be applied for or obtained by them, to prevent such entry or 
 sale as aforesaid. 
 
 And it is hereby expressly understood and declared, that in 
 case the said parties of the second part, their survivors or suc- 
 cessors, should for any reason omit to avail themselves of any 
 such neglect or default as aforesaid, of the party of the first 
 part, that such omission shall not in any manner prejudice or 
 impair the rights and remedies of the said parties of the second 
 part, the survivor or survivors, successor or successors, or as- 
 signs, to avail themselves of any other or further neglect or 
 default of the said party of the first part. 
 
 And the said party of the first part hereby covenants and 
 agrees, for the consideration aforesaid, at any time or times 
 hereafter, to execute and deliver any further reasonable and 
 necessary conveyance of the premises, or any part thereof, to 
 the parties of the second part, or to their survivors, successors 
 or assigns, for the more effectual vesting the premises hereby 
 granted, or intended to be, in said parties of the second part, 
 and for more fully carrying into effect the object hereof, par- 
 ticularly for the conveyance of any property subsequently to 
 the date hereof acquired, by the party of the first part, and 
 comprehended in the description contained in the premises as 
 by the said party of the second part, the survivor, successor or 
 assigns, or their counsel learned in the law, shall be reasonably 
 advised or required. 
 
14 
 
 And it is hereby mutually agreed, and these presents are 
 upon this express condition, that on payment of principal and 
 interest of all said bonds, the estate hereby granted to said 
 second parties, their survivors, successors or assigns, shall be 
 void, and the right of the premises hereby conveyed shall 
 revert and revest in the party of the first part, without any 
 acknowledgment of satisfaction, reconveyance, or any other 
 act. 
 
 And it is mutually agreed, that the said parties of the second 
 part shall only be accountable for gross neglect or willful de- 
 fault in the management hereof, and shall not be responsible 
 for the acts of each other, or of agents employed by them, 
 when such agent is selected with reasonable discretion ; and 
 that the parties of the second part shall be entitled to a reason- 
 able compensation for any labor and service performed by them 
 in the discharge of this trust. 
 
 And it is further agreed, by and between said parties, that 
 whenever a vacancy among said parties of the second part, 
 or their successors, shall occur, by death or resignation, or 
 inability to discharge the duties of said trust, the remaining 
 person or persons, parties of the second part, shall immediately 
 proceed and make an appointment of a successor or successors, 
 by endorsing such appointment, in writing, upon one part of 
 this Indenture, and the person or persons so appointed, shall 
 endorse his acceptance of such appointment upon this Inden- 
 ture, and thereupon such person or persons shall become one of 
 the party or parties of the second part, with the same powers 
 and duties as if he or they had been originally such parties of 
 the second part ; and the surviving or remaining parties of the 
 second part shall, by appropriate instruments, vest in the party 
 or parties so appointed, the necessary legal estate and interest, 
 to enable them to execute said trust. And in case said vacancy 
 shall not be filled within sixty days from the occurrence thereof, 
 by said remaining Trustee or Trustees, as aforesaid, then and 
 thereupon such vacancy may be filled by the President of the 
 Farmers’ Loan and Trust Company, or the Depositary of said 
 bonds. 
 
 All such resignations so made as aforesaid, shall be in writing, 
 endorsed hereon, and on the duplicate original copies hereof, and 
 signed by the party so resigning ; and any such disability certi- 
 fied hereon by the remaining Trustee or Trustees, and confirm- 
 
15 
 
 ed by the vote of the Directors of the party of the first part, 
 shall be taken and deemed to be conclusive in the premises. 
 
 And it is further mutually agreed, by the parties of these 
 presents, that if in the event of the resignation or inability of 
 either of said Trustees, ascertained as aforesaid, and before the 
 appointment and acceptance of a successor to such Trustee, 
 there shall remain two Trustees, qualified to act, and it shall 
 become necessary or expedient, in their judgment, that any act 
 within the scope of the duty of said Trustees, should be per- 
 formed, the same shall and may be performed by said two 
 remaining Trustees; and further, that in relation to all the 
 duties herein provided to be performed by said three Trustees, 
 the same may, except where other provision is expressly made 
 herein, be executed and performed by a majority of said Trus- 
 tees, after a meeting or consultation of all said Trustees. 
 
 And the said parties of the second part, do hereby severally 
 accept the trust herein mentioned, and severally covenant faith- 
 fully to administer and execute the same. 
 
 In witness whereof, the said parties of the first part have 
 caused the corporate seal of said Company to be hereto affixed, 
 and to seven other original Indentures of the same tenor in all 
 respects, and the same to be signed by John Van Nortwick, 
 their President, and Amos T. Hall, their Treasurer, both for 
 that purpose duly authorized, the day and year first above 
 written. 
 
 And the said parties of the second part have affixed their 
 seals and signatures hereto, and to said seven other original 
 Indentures. 
 
 [seal.] 
 
 JOHN VAN NORTWICK, President . 
 AMOS T. HALL, Treasurer. 
 
 HANS REIMER CLAUSSEN. [l. s.] 
 SIDNEY BARTLETT. [l. s.] 
 
 CHARLES G. LORING. [l. s.] 
 
 Witnesses. 
 
 J. N. Denison. 
 
 William B. Fowle, Jr. 
 
3 0112 061937345 
 
 16 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 County of Suffolk, ss. 
 
 Be it remembered, that on this, the twenty-fourth of 
 September, in the year one thousand eight hundred and sixty, 
 before me, Benjamin H. Currier, a Commissioner of the 
 State of Illinois, duly appointed to take the acknowledgment 
 and proof of deeds and other instruments to be recorded in said 
 State of Illinois, and also to administer oaths, dwelling in the city 
 of Boston, personally appeared John Van Nortwick, President, 
 and Amos T. Hall, Treasurer of the Chicago, Burlington and 
 Quincy Railroad Company, personally known to me to be the 
 President and Treasurer of said Company, and whose signatures 
 are attached to the foregoing instrument as such President and 
 Treasurer, and being duly sworn, do depose and say, that they 
 were President and Treasurer of said Company, respectively, 
 at the date of the execution of the foregoing Instrument, and 
 are still such President and Treasurer, respectively, and that said 
 Instrument was executed by and under a resolution of the Board 
 of Directors of the said Company, and that under and by virtue 
 of said resolution, the seal of said Company has been affixed to 
 the said Instrument by them, and that the seal thereto attached 
 is the seal of said Company, and that they did then and there 
 acknowledge that the said seal was affixed thereto, and that 
 the said Indenture was executed and was delivered by the said 
 Company as aforesaid, acting through them by virtue of the 
 said resolution, as the free act and deed of the said Company, 
 and for the uses and purposes therein expressed, and that the 
 said seal is the seal of the said Company, and that the said 
 signatures are their signatures, as said President and Treasurer, 
 respectively, and that said Instrument is the Deed of said 
 Company. 
 
 In witness whereof, I have hereto set my hand ar 
 official seal, as such Commissioner, at my office, m Boston, i 
 the County 6f Suffolk, and Commonwealth of Massachusetts, 
 on this twenty-fourth of September, A. D. 1860. 
 
 [seal.] BENJAMIN H. CURRIER, 
 
 Commissioner for Illinois in Massachusetts. 
 
 ! 
 
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