Copy of DEED OF FURTH E R ASSURANCE, OF THE (antic ant> threat Western Hail Hoact £Ur M riah C. Flagg and Frederick Sehuehardt. Beebe k Elkins. Printers, Akron . 5 “ JL hXCcA <- -3 % COPY OP DEED OP FURTHER ASSURANCE, OF THE TO ♦ AZARIAH C. FLAGG, & FREDERICK SCHUCHARDT. TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, GREETING: Whereas, The Atlantic and Great Western Rail Road Company, did, by a certain deed of trust, or mortgage, bear- ing date the first day of October, A. D. 1855, for the uses and purposes, and upon the considerations therein expressed, grant, bargain, sell, transfer and convey to Azariah C. Flagg and Charles J. Stedman, of the City of New York, their successors in the trust thereby created, and assigns, all the then present, and in future to be acquired property of said Company,— that is to say their road made, partially made, and to be made, between the points stated in said deed of trust, or mortgage, including the right of way, and the land occupied thereby, together with the superstructure and tracks thereon, or to be thereon, and all iron rails, ties, and other materials used thereon, procured, or to be procured ^ 480^2 2 therefor, and all bridges, viaducts, culverts, fences, depot grounds, and buildings thereon, and all other appurtenances belonging thereto, Engines, tenders, Cars, tools, machinery, materials, contracts, subscription of stock, and all other per- sonal property, right thereto, and interest therein, whether choses in action or in possession, and all franchises, rights and privileges of the said Atlantic and Great Western Rail Road Company upon certain trusts, as by reference to the said deed of trust, or mortgage, or the records thereof, in the office of the Recorder of said county of Trumbull, in Book of Mortgages No. 3, pages 487 &c., and in the offices of the several Recorders of said counties therein named, will more fully appear : And Whereas, In and by the said Deed of Trust, or Mortgage, the said Company did covenant, for the considera- tions therein expressed, to execute and deliver any further reasonable and necessary conveyance of the premises, or any part thereof, to the said Azariah C. Flagg and Charles J. Stedman, their successors in said trust, or assigns, for more fully carrying into effect the objects thereof, particularly for the conveyance of any property, subsequently to the date thereof, acquired by said Company, and comprehended in the description contained in the premises, if any such there should be, which should not inure to the use and benefit of the holders of the bonds therein described, under the cove- nants of said deed of trust, or mortgage : And Whereas, The said Charles J. Stedman, having died since the execution and delivery of said deed of trust, or mortgage, Frederick Schuchardt has, by the Court of Common Pleas within and for the County of Portage in the State of Ohio, been duly appointed as a Trustee, to 3 execue the trusts, in said deed of trust, or mortgage declared : And Whereas, The said Frederick Schuchardt has duly accepted said trust : Now, therefore, Know Ye, That the Atlantic and Great Western Rail Road Company, in order the better to secure the payment of the bonds mentioned in said deed of trust, or mortgage, and the interest thereon, as the same shall become due, and for the better assuring and confirming the title, interest and power, of the said Azariah C. Flagg and Frederick Schuchardt, under the said deed of trust or mortgage, in relation to, and in such property, interests and rights, acquired by, and accruing to said Company, subse- quently to the date of said deed of trust or mortgage, and for the purpose of more fully carrying into effect the objects of said deed of trust, or mortgage, according to the true intent and meaning thereof, and the covenants contained as therein set forth, and in consideration of the sum of one dollar, at the sealing and delivery hereof, in hand paid by the said Azariah C. Flagg and the said Frederick Schuchardt, the receipt whereof is hereby acknowledged, have granted, bargained, sold, transferred and conveyed, and by these presents do grant, bargain, sell, transfer and convey to the said Azariah C. Flagg, and the said Frederick Schuchardt, their successors in the trust created by said deed of trust, or mortgage, and assigns forever, all the following present and in future to be acquired property and estate of said Compa- ny, — that is to say, — their road made, partially made, and to be made, from the Pennsylvania and Ohio State line to Day- ton, in the State of Ohio, through the counties of Trumbull, Portage, Summit, Medina, Wayne, Ashland, Richland, Craw- ford, Morrow, Marion, Union, Champaign, Clark, Green and 4 Montgomery, in said State of Ohio, being two hundred and forty-five miles, more or less, — including the right of way and the land occupied, or to be occupied thereby, together with the superstructure and tracks thereon, and all iron rails, ties, and other mateiials used thereon, procured, or to be procured therefor, and all bridges, viaduct, s culverts, fences, all grounds and premises used, or designed to be used for depots, stations, shops, or otherwise, for the purposes of said road and buildings thereon, and all other appurtenances thereto ; all engines, tenders, cars, tools, machinery, materi- als, contracts, and all other personal property, right thereto or interest therein. Also all the tolls, revenue, or income to be had or levied from said rail road, or other property, or which may otherwise accrue to said Company ; and all the franchises, rights, and privileges of the said Atlantic and Great Western Rail Road Company, so far as the same can or may lawfully be conveyed, or transferred by said Company. Also all personal property that may hereafter be owned or acquired by said company, excepting, however, and this con- veyance shall not include the iron rails, ties, materials and other property which may hereafter be procured by said Com- pany, to be used in the construction of that part of said rail road, hereafter to be made from said Dayton to the City of Cincinnati, in said State of Ohio, and all engines, tenders, cars and other property which may be procured to be used thereon. To have and to hold the said premises and every part thereof, with the appurtenances, unto the said Azariah C. Flagg and Frederick Schuchardt, their successors in said trust, and assigns forever, in trust, nevertheless for the per- sons or corporations, and for the benefit, protection and se- curity of the persons or corporations, who now hold, or shall hereafter hold the bonds issued or to be issued, by the said Company, and secured, or intended to be Secured by the deed of trust or mortgage aforesaid, for the uses, purposes, and upon the conditions therein recited, and for enforcing the stipulations of the said Company, in this behalf, in their true intent and meaning, whether contained in sai 1 deed of trust, or mortgage, or said bonds, or in this conveyance. And the said Company for the considerations aforesaid, hereby further Covenant, that all the conditions, povers, covenants and privileges, in said first mentioned deed of trust or mortgage contained, and which will in reference thereto, more fully appear, are hereby ratified and confirmed, on their part, unto the said Azariah C. Flagg and Frederick Schuchardt, their successors in said trust and assigns. And the said Company, for the considerations aforesaid, hereby further Covenant to execute and deliver any further reasonable and necessary conveyance, of the aforesaid premises, or any part thereof to the said Azariah C. Flagg and Frederick Schuchardt, their successors in said trust, or assigns, for more fully car- rying into effect the objects of said deed of trust or mortgage, particularly, for the conveyance of any property, subsequently to the date hereof, acquired by said Company, and compre- hended in the description of the aforesaid premises, if any there shall be, which shall not inure to the use and benefit of the holders of said bonds under the covenants of said deed of trust or mortgage. In Testimony Whereof, the said Company have caused their Corporate name to be signed, and their Corporate Seal to be affixed to this in- strument, by their President, this twenty-third day of May, Anno Domini Eighteen hundred and sixty-three. The Atlantic & Great Western Railroad Company, By MARVIN KENT, President, SIGNED, SEALED AND DELIVERED IN PRESENCE OF WM. H. UPSON, and CHARLES B. BERNARD, 6 We, Azariah C. Flagg and Frederick Schuchardt^ of New York City, do hereby accept the trust conveyed to us in the foregoing deed, and agree to discharge the same, as by said deed required and empowered. Witness our hands and seals this twenty-seventh day of May, A. D. 1863. FRED’K. SCHUCHARDT, [seal.] A. C. FLAGG. [seal.] SIGNED AND SEALED IN PRESENCE OP FERD. W. L. SCHUCHARDT. THE STATE OF OHIO, \ ^ .. SUMMIT COUNTY, ss. } Be 14 remembered, that on this 23d day of May, A. D. 1863, before me, the undersigned, Charles B. Bernard, a Notary Public within and for said County and State, personally appeared Marvin Kent, President of the Atlantic & Great Western Rail Road Company, who acknowledged that by the authority of and for and on behalf of said Company, he signed the foregoing instrument and affixed the corporate seal of said Company thereto, and that the same is his and its free and voluntary act and deed. Witness my hand and seal the day and year aforesaid. CHARLES B. BERNARD, Notary Public. STATE OF NEW YORK, 1 City and County of New York, j Be it remembered, that on this 27th day of May, A. D. 1863, before me, Edwin F. Corey, a Commissioner for the State of Ohio, in and for the State of New York, duly commissioned and qualified, with power to take acknowledgements, &c., to be recorded in said State, personally appeared Frederick Schuchardt and Azariah 7 0. Flagg, known to me to be the same persons described in and who executed the within instrument, and they severally acknowledged the signing and sealing to be their voluntary act and deed, for the purposes therein named. In Witness Whereof, I have hereto set my name T'sEAtTl an< ^ a ® xe< ^ m y officii seal, on the day and year ^ <1 above written. EDWIN E. COREY, Commissioner for Ohio in New York. •* I . ' ■ ■ '