univ.of m. Library V 51 - 2U(*3 H-AL&SY, STyART & Go. I RECEIVED JAN 19 1920 j - .r ■ The Colorado Fuel and Iron Company TO Central Trust Company of New York. General Dated February 1, 1893. 13 13 , With Supplemental Mortgages Nos. l, f 2, 3, 4, 5 and for the years 1893 to 1898 inclusive. iso* (THE MARGINAL NOTES ARE NOT IN THE ORIGINAL BUT ARE ADDKD FOR CONVENIENCE OF REFERENCE.) Che Merchant, Pub. Co.. Printers, Denver, Golo General Mortgage THIS INDENTURE, made this first day of February, in the Parties, year of our Lord one thousand eight hundred and ninety-three, •between The Colorado Fuel and Iron Company, a corporation duly created, organized and existing under and by virtue of the laws of the state of Colorado, and hereinafter termed “the Company,” or “the said Company,” party of the first part, and The Central Trust Company of New York, a corporation duly created, organized and existing under and by virtue of the laws of the State of New York, and hereinafter termed “the Trustee,” or “the said Trustee,” party / of the second part, WITNESSETH: That Whereas, heretofore and on, to-wit: the 21st dav of Oc- Consolidation ' of Coal and Vtober, 1892, the properties, affairs and concerns of The Colorado Fue D’° m - - Coal and Iron Company, hereinafter termed “the Coal Company”* and The Colorado Fuel Company, hereinafter termed “the Fuel i Company,” both being corporations organized under the laws of the State of Colorado, were consolidated into one organization, having all the properties, rights, privileges and franchises of said \j ; Coal Company and said Fuel Company, and being amenable to all ; their liabilities as appears by the certificate filed in the office of the Secretary of State of the State of Colorado on the 21st day of October, 1892, setting forth the facts of such consolidation, and v 9 also all other matters required in original certificates of incor- ; poration, which said certificate was filed in the offices of the ^ Clerks and Recorders of the several .Counties in the State of ^ Colorado in which the same by the laws of said State was re- 2 quired to be filed and thereby such consolidation was perfected, and the said The Colorado Coal and Iron Company and The Colo¬ rado Fuel Company became The Colorado Fuel and Iron Com¬ pany, party hereto of the first part; of conso{?- n And Whereas, the Coal Company and the Fuel Company did, perty! pr ° at or after the time of such consolidation, and prior to the date hereof, severally by proper conveyances and instruments, convey to the said Company, party of the first part, certain property, real, personal and mixed, and all the effects, rights, powers, priv¬ ileges and franchises of such consolidating corporations respect¬ ively, which said several conveyances have been duly recorded in the offices of the Clerks and Recorders of the respective counties iu said State of Colorado, where such property and effects are situated, and said consolidating companies did severally cause to be deposited with the Directors of the said Company all the transfer books, seals, books and papers of each of the companies so uniting, and the said Company is now in possession thereof, and of all and singular the property and effects in said several conveyances mentioned and described; property^? 11 And Whereas, the said Coal Company theretofore had made the c. c. & an( j execu ted under its corporate seal, and delivered to Louis H. Meyer, as Trustee, its certain deed of trust bearing date the first day of February, 1880, which was duly recorded in the several proper counties in the State of Colorado, in and by which deed of trust the Coal Company conveyed to said Meyer, as Trustee, all the certain real estate and property in said deed of trust par¬ ticularly described, for the purpose of securing the payment of the principal and interest of its certain bonds bearing even date therewith, to be issued under and pursuant to the provisions thereof to an aggregate amount not exceeding $3,500,000, which said bonds were of the denomination of $1,000 each, and numbered consecutively from one (1) upwards to thirty-five hundred (3500), both inclusive, and which, by their terms, were to become due and payable in 3 gold coin, twenty years after their said date, and to bear interest at the rate of six per cent, per annum, payable in like gold coin semi-annually, on the first days of February and August in each year, and of and under which deed of trust Henry K. McHarg is now the Trustee; And Whereas, the Fuel Company prior to the said consoli-propert?o? n dation, and on, to-wit: the first day of May, 1889, had made and Fuel Co. executed under its corporate seal, and delivered to the Atlantic Trust Company of New York, as Trustee, its certain mortgage or deed of trust dated on that day, and on the 2d day of December, 1889, and on the 19th day of April, 1890, and on the 23d day of December, 1890, respectively, its first, second and third supple¬ mentary mortgages or deeds of trust, all of which were thereafter duly recorded in the offices of the Recorders of the counties in the State of Colorado in which the property therein described was sit¬ uated, in and by which deeds of trust the said Fuel Company con¬ veyed to the said Atlantic Trust Company, as Trustee, all the certain real estate and property in said deeds of trust described, for the purpose of securing the payment of the principal and in¬ terest of its certain bonds (bearing even date with said original deed of trust), to be issued thereunder pursuant to the provisions thereof to an aggregate amount not exceeding $1,200,000, which said bonds were of the denomination of $1,000 each, and num¬ bered consecutively from one (1) upwards to twelve hundred (1200), both inclusive, and which, by their terms, were to become due and payable in gold coin on May 1st, 1919, and to bear interest at the rate of six per cent, per annum, payable in like gold coin semi-annually on the first days of May and November in each And Whereas, The said Company has assumed the obliga- pAo?mort- f tions of the Coal Company to pay the principal and interest ofsumed. such of its bonds of the date of February 1, 1880, as are outstand¬ ing and unpaid; 4 Mortgages on property of Denver Fuel Co. Sinking funds in prior mort¬ gages. Objects of this mort¬ gage. And, Whereas, the said Company has assumed the obliga¬ tions of the Fuel Company to pay the principal and interest of such of its bonds of the date of May 1, 1889, as are outstanding and unpaid; And Whereas, there exists an indebtedness of $100,000 prin¬ cipal, with accrued interest, of The Denver Fuel Company, a cor¬ poration organized and existing under the laws of the State of Colorado, all the property of which was prior to the consolida¬ tion aforesaid purchased subject to said indebtedness, and con¬ veyed to the Colorado Fuel Company, which indebtedness is se¬ cured by two mortgages or trust deeds, namely: one executed by J. A. Kebler, Trustee, to Eva V. Downey and others, dated No¬ vember 11, 1889, and one executed by The Denver Fuel Company to Charles H. Toll, Trustee, dated August 1, 1892, which indebted¬ ness has also been assumed by said Company; And Whereas, the said deeds of trust of the Coal Company and of the Fuel Company hereinbefore mentioned, provided, among other things, for the creation of sinking funds for the re¬ demption and payment of the bonds by said deeds of trust respect¬ ively secured, all of which will more fully and at large appear by reference to said trust deeds; And Whereas, the said Company, being desirous of meeting all the said obligations which have been assumed by it as afore¬ said, and of retiring all the bonds of the Coal Company and of the Fuel Company, issued and outstanding as aforesaid, and of pay¬ ing the said indebtedness of The Denver Fuel Company, or ex¬ changing the same for or redeeming the same with the proceeds of bonds to be issued under and secured by these presents, to the end that said several trust deeds and the liens thereby created may be canceled and discharged of record; and also of securing the means to develop, work and improve its property, to open, mine, work and improve and operate its coal, iron and other mines, and to make the necessary and convenient erections and 5 improvements appertaining thereto, and to construct, complete, equip, maintain and operate the certain furnaces, foundries and manufacturing establishments in manner and form as is contem¬ plated by its said articles of incorporation, and to increase and to extend its business; And Whereas, the authority of the stockholders of the said stockholders to this consolidating companies, owning more than two-thirds of the raort sage. capital stock of each of them, and more than three-fourths of all preferred stock, for the mortgaging by said company of all its real and personal estate, franchises, privileges, rights and liberties, to secure the payment of the aforesaid indebtedness and the gen¬ eral mortgage bonds issued hereunder up to the aggregate sum of six million dollars ($6,000,000) by a mortgage or deed of trust upon its property and franchises, and conferrring upon the Board of Directors of said Company the power and authority to carry the same into effect, has been duly given and entered of record in the minutes of both said companies, and is also set forth in the articles of consolidation incorporating said Company; And Whereas, at a meeting of the Board of Directors of said Authoriza- Company thereafter held, to-wit: on the 22d day of October, 1892, of DirectMrs - at the City of Denver, Colorado, it was resolved that pursuant to the authorization by the stockholders hereinabove recited, and the articles of incorporation of said Company, the proper officers of this Company be, and they are, authorized and directed to pre¬ pare such bonds and to execute a mortgage or deed of trust as aforesaid, securing said last mentioned bonds, the same to be dis¬ posed of as is hereinafter provided; And Whereas, in pursuance of such authority, the proper officers of said Company have determined that said bonds shall be in the following form: 6 Form of bond. UNITED STATES OF AMERICA. STATE OF COLORADO. No. $1000. THE COLORADO FUEL AND IRON COMPANY (Of Denver, Colorado) General Mortgage Five Per Cent. Sinking Fund Gold Bond. Know All Men by These Presents, That The Colorado Fuel and Iron Company, a corporation duly organized under the laws of the State of Colorado, hereby promises to pay to the bearer, or, in case this bond shall be registered in accordance with the terms of the endorsement hereupon, then to the registered owner here¬ of, at the office or agency of the said Company in the City of New York, one thousand dollars in gold coin of the United States of the present standard of weight and fineness on the first day of February, one thousand nine hundred and forty-three, with inter¬ est thereon in like gold coin at the rate of five per cent, per an¬ num, payable semi-annually at the same place, upon presentation and surrender of the coupons hereto annexed, on the first days of February and August in each year until the said principal sum shall be fully paid. And if any default shall be made in the pay¬ ment of the interest upon this bond, and such default shall con¬ tinue for a period of six months, the whole amount of the prin¬ cipal sum of this bond may thereupon become due and payable, as provided for in the mortgage or deed of trust hereinafter men¬ tioned. This bond is one of a series of 6,000 bonds, all of like tenor, date and amount, numbered consecutively from 1 to 6,000, both inclusive, all of which are secured by a certain mortgage or deed of trust bearing even date herewith, and duly executed and de¬ livered by The Colorado Fuel and Iron Company to the Central Trust Company of New York, as Trustee, conveying and assigning 7 to said last-named company sundry lands, leaseholds, mining rights and other properties, real and personal, therein specified and referred to, in trust, among other things, to secure the pay¬ ment of the entire issue of said bonds, with interest, as aforesaid. The holder hereof is entitled to the benefit of, and subject to the obligations of, the sinking fund provided for in the said mort¬ gage; it being understood, however, that no bonds can be com¬ pulsorily redeemed by lot, as therein provided, at less sthan 105 per cent, and accrued interest. This bond shall not become valid until the certificate en¬ dorsed hereon shall have been duly signed by the said Trustee. In Witness Whereof, the said The Colorado Fuel and Iron Company has caused these presents to be sealed with its cor¬ porate seal and to be signed by its President or one of its Vice- Presidents and Secretary or Assistant Secretary, this first day of February, one thousand eight hundred and ninety-three. President. Attest: Secretary. [Registration Clause.] This bond may be registered in the owner’s name on the Registra¬ tion. Company’s books in the City of New York, or at any other place which the Company may determine, such registry being noted on the bond by the Company’s Transfer Agent, after which no trans fer shall be valid unless made on the Company’s books by the registered owner, and similarly noted on the bond, but the same 8 Coupon. Trustee’s certificate. may be discharged from registry by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The registry of the bond as above shall not restrain the ne¬ gotiability of the coupons by delivery merely, but the coupons may be surrendered and the interest made payable only to the regis¬ tered owner of the bond, such surrender to be certified thereon, as follows: This is to certify that the coupons representing the several installments of interest to become due on the within bond have been surrendered to The Colorado Fuel and Iron Company, and canceled, and interest on this bond, when hereafter due, will be payable to the registered owner hereof, as certified hereon, or to his order. Dated Transfer Agent. [Coupon.] $25. The Colorado Fuel and Iron Company will pay to the bearer, at its office or agency in the City of New York, twenty-five dollars, in U. S. gold coin, on the first day of being six months’ interest on its General Mortgage Bond, dated February 1st, 1893. No. A. C. CASS, Treasurer. [Trustee’s Certificate.] It is hereby certified that this bond is one of the series of bonds mentioned in the mortgage or deed of trust within re¬ ferred to. CENTRAL TRUST COMPANY OF NEW YORK, Trustee. t By Vice-President. 9 And Whereas, each of said bonds has annexed to it one hun- Nwnberof COU.JJOI1S# died coupons representing the several semi-annual installments of interest to become dne thereon, as hereinbefore set forth, all of which are of similar tenor except as to numbers and dates of payment, and are each for twenty-five dollars in gold coin of the United States; And Whereas, the said Company being authorized by the Right to mortgage laws of the State of Colorado to borrow money for the purposes property, aforesaid, and, as security therefor, to mortgage, pledge and con¬ vey all and singular its properties and effects hereinafter de¬ scribed to secure the payment of the same, and under and pursu¬ ant to the authority conferred by said laws, and of the stock¬ holders and directors aforesaid, in order to provide funds for the purposes aforesaid, and to secure the payment of all and singular the said bonds issued or to be issued under and pursuant to the terms of this instrument, together with the interest thereon, has determined to and does make, execute and deliver this its deed of trust in manner and form as herein stated: Now, Therefore, This Indenture Further Witnesseth, that the Considera¬ tion. said Company, in consideration of the premises, and of one dollar, lawful money of the United States, to it paid by the said Trustee at or before the ensealing or delivery of these presents, the receipt whereof is hereby acknowledged, in order to secure the due and punctual payment of the principal and interest of the bonds to be issued by it as herein provided, and outstanding at any time here after, and the faithful performance of the covenants herein con¬ tained, hath granted, bargained, sold, alienated, transferred, Conveyance, assigned, conveyed and confirmed, and by these presents doth grant, bargain, sell, alienate, transfer, assign, convey and con¬ firm unto said Trustee, and to its successor or successors in trust herein, all the right, title and interest, claim and demand, what¬ soever, which the said Company now has or is entitled to, or which it may at any time hereafter acquire or become entitled to, 10 in and to the following described real estate, premises and prop¬ erty, to-wit: All and singular the several lots, tracts, pieces and parcels of mining and other lands of the Company situated in the State of Colorado, as follows, to-wit: Description IN FREMONT COUNTY. of property. In Township 19, Range 69: W. i S.E. i, S.E. i S.W. i .Section 18. W. i N.E. i, N.E. i S.W. i .Section 19. S.W. i .Section 20. N.E. i, W. i S.E. i, E. i S.W. i .Section 30. E. 4, E. i N.W. 1, E. J S.W. i .Section 31. W. \ . Section 32. In Township 20, Range 69: E. iS.W. i, S.E. i N.W. i.Section 30. N.-J N.W. i .Section 31. In Township 19, Range 70: S.E. 4.Section 8. N.W. S.E. J, S. 4 N.E. i. Section 9. N.W. i, W. i N.E. i, W. 4 S.E. i.Section 10. S.E. i N.E. J, E. J S.E. i, S.W. J S.E. J.Section 11. S.W. i, S.E. i S.E. i..Section 12. N.W. N. i S.W. i.Section 13. E. J, E. i S.W. i.Section 14. E..Section 17. N. i N.E. i, N. 4 N.W. J.Section 21. All of.Section 23. N. i N.E. J, N. i N.W. i.Section 24. S.W. i N.W. i, S.W. J, W. 4 S.E. J.Section 25. E. 4, N.W. 4, E. 4 S.W. 4, S.W. 4 S.W. 4.Section 26. N.E. 4.Section 35. N.W. 4, W. 4 N.E. 4.. ..Section 36. IN HUERFANO COUNTY. In Township 29, Range 65: s.w. 4 s.w. 4. Section 19. 11 S.W. 4 S.W. i ...Section 28. S.E. i S.E. 4, W. 4 S.W. i .Section 29. N.W. J, S.E. i, and N.W. 4 S.W. 4; 4 coal in E. 4 S.W. 4 and in S.W. 4 S.W. surface and 4 coal in S.W. 1 N.E. 4.Section 30. N.E. i, E. i N.W. i, S.W. i N.W. i, N.W. 4 S.W. 4; and J coal in N.W. 4 N.W. J.Section 31. N.W. i, W. 4 N.E. i, and N.E. 4 N.E. 4.Section 32. N.W. i N.W. J.Section 33. In Township 27, Range 66 : S.W. 4 N.E. 4, W. 4 S.E. 4 and S. 4 S.W. 4.Section 31. In Township 28, Range 66 : N.W. 4 N.E. 4, W. 4, W. 4 S.E. 4, and surface only in N.W. part S.W. 4 N.E. 4, 20 acres.Section 6. S. 4 S.E. 4.Section 7. E. 4, S.W. 4, S. 4 N.W. 4.Section 8. N. 4, S.W. 4, S.W. 4 S.E. 4.Section 16. E. 4, S.W. 4, E. 4 N.W. 4, S.W. 4 N.W. 4.Section 17. W. 4 N.E. 4, S.E. 4 S.E. 4.Section 18. E. 4 N.E. 4, N.W. 4 N.E. . 4 , S.E. 4 , S.E. 4 S.W. 4 .. .Section 19. All of.Section 20. N. 4 N.E. 4, N. 4 N.W. 4; and coal and mineral in S.W. 4 N.E. 4, and in S.E. 4 N.W. 4, and in N.W. 4 S.E. 4, and in N.E. 4 S.W. 4.Section 21. S.E. 4 N.W. 4, S. 4 N.E. 4 and N.E. 4 N.E. 4.Section 29. N.W. 4 N.E. 4, N.E. 4 N.W. 4.Section 30. S.W. 4, and W. 4 S.E. 4.Section 34. In Township 29, Range 66: S. 4 N.W. 4, N.E. 4 S.W. 4, and W. 4 S.W. 4 .Section 1. N.W. 4 N.E. 4, N. 4 N.W. 4, S.W. 4 N.W. 4, w. 4 S.E. 4 N.W. 4, E. 4 S.E. 4 N.E. 4, E. 4 N.E. 4 s.e. 4, w. 4 N.E. 4 S.W. 4, n.w. 4 sw. 4, s. 4 S.W. 4 and S. 4 S.E. 4..Section 2. All of.Section 3. All of.Section 10. All of (except surface of E. 4 N.E. 4 and N. 4 S.E. 4).Section 11. W. 4 and S.E. 4.Section 12. N. 4? w. 4 S. E. 4 and E. 4 S.W. 4 . .......Section 13. 12 N. J, N. J S.W. :{, and S.W. } S.W. J.Section 14. E. N.W. i, and N.E. ] S.W. $.Section 15. N.E. J, N. i S.E. J and S.E. -] S.E. J.Section 24. N.E. i S.E. i, and N.E. 1.Section 25. In Township 27, Range 67: S.J S.E. { and S.E. | S.W. J.Section 20. S. ^ S.W. \ .Section 25. S.E. J, E. i S.W. i.Section 26. N. f.Section 29. N. |.Section 30. All of.Section 35. In Township 28, Range 67: E. \ and N.W. J.Section 1. N. \ .Section 2. NE. J.Section 3. In Township 27, Range 68: S.E. i N.E. i .Section 25. IN LAS ANIMAS COUNTY. In Township 32, Range 63: The S.E. | N.W. J (excepting a tract of land lying in the N.W. Corner of said S.E. J N.W. \ de¬ scribed as follows, to-wit: Commencing at the N.W. Corner of the said S.E. -] N.W. ] and running thence south 208 feet; thence east 419 feet; thence north 208 feet; thence west 419 feet to the place of beginning).Section 33. In Township 33, Range 63: All that part of the E. | N.W. ] and the E. ^ S.W. i and the S.W. J S.E. { lying north and east of Gray’s Creek in.Section 4. All that part of the N.W. J N.E. J lying north and east of Gray’s Creek in.Section 9. Allot*.Section 28. All of. Set;tiop 29. 13 W. 4, S.E. £, N. 4 N.E. and undivided one-third interest in S. 4 N.E. 4.Section 30. All of. Section 33. In Township 34, Range 63: N.W. \ .Section 6 . S. 4 N.E. i, N. 4 S.E. 4, S. 4 N.W. 4, N.W. 4 N.W. 4, N.E. 4 S.W. 4.Section 7. In Township 31, Range 64: S.W. 4 N.W. 4.Section 30. Allot.Section 31. In Township 32, Range 64: S.W. 4, S. 4 N.E. 4, N. 4 S.E. 4.Section 7. S.E. 4 S.E. 4.Section 22. S.W. 4 S.W. 4.Section 23. S.W. 4 N.W. 4, NjW. 4 S.W. 4.Section 25. W. 4, S.E. 4 N.E. 4, N.E. 4 S.E. 4.Section 26. e. 4 s.e. 4 , s.w. 4 s.e. 4 , w. 4 s.w. 4 , s.e. 4 S.W. 4.Section 27. All of.Section 34. W. 4 W. 4.Section 35. In Township 33, Range 64: w. 4 n.w. 4, s.e. 4 n.w. 4, s.w. 4 n.e. 4, w. 4 S.E. 4, E. 4 S.W. 4, N. W. 4 S.W. 4 .Section N. 4, S.W. 4, N.W. 4 S.E. 4 .Section E. 4 .Section E. 4 N.W. 4, S.W. 4 N.W. 4, N. 4 S.W. 4, S.E. 4 N.E. 4, S. 4 of N.W. 4 of S.E. 4. .. Section W. 4 N.E. 4, W. 4 N.W. 4, N. 4 S.W. 4, N. 4 of N.E. 4 of N.W. 4, S. 4 of S.E. 4 of N.W. 4.Section Part S.E. 4 S.W. 4 (1.4 acres fee, 2.6 acres leased). Section S.W. 4, S.W. 4 N.W. 4.Section N. 4 N.E. 4, S.E. 4 N.E. 4.Section S.E. 4.Section S. 4 .Section S. 4 , N.E. 4, S.E. 4 N.W. 4, and N.E. 4 N.W. 4 (ex¬ cept Town of Sopris, 30 acres).Section S.W. 4, W. 4 S.E. 4 and S.E. 4 S.E. 4.Section 3. 4. 10 . 11 . 28. 20 . 30. 31. 32. 33. 34. 14 In Township 34, Range 64: N. i N.E. 4, S.W. 1 N.E. J, E. 4 N.W. J, S.W. 4 N.W. S.W. J, W. J S.E. 4~.Section 1. S.W. i .Section 2. All of.Section 3. All of.Section 4. All of.Section 5. N. i N.E. i. N. | N. J... N. 4 N.E. i. N. 4 N. 4 ... N. 4 N.W. J . Section 6. . Section 7. .Section 8. .Section 9. .Section 10. .Section 11. In Township 31, Range 65: W. 4 N.W. 4, S.E. 4 N.W. 4 and S.W. 4 N.E. 4.Section 8. W. 4 S.W. 4; and Und. 4 of S.E. 4 N.W. j and of N.E. 4 S.W. 4. S.».. E. 4 E. 4. N. 4 N.E. 4, N.W. 4, and W. 4 S.W. 4. S. 4N. E. 4, N.W. 4, and S. 4. All of. .Section 14 .Section 15 .Section 21 .Section 22 .Section 25 .Section 26 N.E. 4 N.E. 4 and W. 4 N.E. 4...Section 27 N. 4.Section 35 In Township 32, Range 65: w. 4 s.w. 4 , n.e. 4 , e. 4 N.w. 4 , s.w. 4 n.w. 4 , N.E. i S.W. 4...Section 1. S.E. 4 N.E. 4, E. 4 S.E. 4.Section 2. N.E. 4 N.E. 4... ~.Section 11. IN PUEBLO COUNTY. The undivided one-half of Lots 1 to 7, both inclusive, in Block X in the former Town of South Pueblo, now a part of the consoli¬ dated City of Pueblo. The E. 4 N.E. 4 and E. 4 S.E. 4 of Section 12, Township 21, S. R. 65 W., except a strip of land oft* of the north end of the E. 4 of N.E. 4 heretofore deeded to the Collier Investment Company. 15 Also the N.E. £ of Section 11 and the N. £ S.W. £, of Section 12, Township 22, S. R. 65 W. Also the following described irregular tracts of land hereto¬ fore conveyed by The Colorado Coal and Iron Company to The Colorado Fuel and Iron Company, by a certain deed dated on the 21st day of October, 1892, said tracts being more particularly de¬ scribed and reserved to The Colorado Fuel and Iron Company in a certain deed executed by it on the 22nd day of October, 1892, to The Colorado Coal and Iron Development Company: All that part or parcel of land lying within what is known as the Lake Boulevard, containing 186.6 acres, more or less. Also part of the S. £ of Lot 2, Section 6, and part of Section 7, in Township 21 South, Range 64 West, containing 28.13 acres. Also a strip of land off the west side of Section 7, in Town¬ ship 21 South, Range 64 West, containing 17 acres, more or less. Also part of the E. £ S.E. £, and of the S.E. £ N.E. £, of Sec¬ tion 34, and part of the N.W. £ and of the N. £ S.W. £ and of the S.W. £ S.W. £, Section 35, all in Township 21 South, Range 65 West, containing 163.5 acres. Also part of the S.W. £ S.W. £ of Section 15, Township 22 South, Range 65 West. Also the following described irregular tract of land which is more particularly described in a certain deed executed on the 21st day of October, 1892, by The Colorado Coal and Iron Company, conveying the same to The Colorado Fuel and Iron Company, to which reference is hereby made, to-wit: A tract of land situated in the N.E. £ of Section 12, Township 21 South, Range 65 West, and being east of the Steel Works Ad¬ dition, containing 3.98 acres, more or less. Also all rights of way, easements and privileges of every kind and nature conveyed or intended to be conveyed by the aforesaid deed executed on the 21st day of October, 1892, by The 16 Colorado Coal and Iron Company, conveying the same to The Colorado Fuel and Iron Company, to which reference is hereby made. Also the following described irregular tract of land, which is more particularly described in a certain deed executed January 31, 1893, by The Colorado Coal and Iron Development Company, conveying the same to The Colorado Fuel and Iron Company, said land being designated as Slag Dump No. 3, and lying in the S.E. i of the S.W. {- of Section 6, Township 21 South, Range 64 West, containing 4.68 acres. IN PITKIN COUNTY. In Township 8, Range 89: S.E. 1, and that part south of Thompson Creek in S.E. 1 N.W. i and in S. i N.E. J.Section 34. S.W. 1, and that part south of Thompson Creek in S.W. i of N.W. 1.Section 35. In Township 9, Range 89: W. i . . N.E. i . N.W. i . Section 2. Section 3. Section 10. Section 11. IN GUNNISON COUNTY. In Township 13, Range 86: S.W. 1. Section 34. In Township 14, Range 86: S.W. 1 S.W. 1 S.E. i S.E. i .. S.E. i . Section 2. Section 3. Section 4. S.W. i, N.W. i S.E. i, E. i N.E. 1, also undivided one-half interest in S. ^ S.E. £ and in N.E. J S.E. |.Section 10. 17 S.W. £ N.W. 1, N.W. 1 S.W. £, also undivided one- half interest in S.W. £ S.W .£.Section 11. N. £ N.W. £.Section 15. In Township 14, Range 87: S. 4 S.W. £.Section 10. N.W. J.Section 15. All of.Section 10. E. 4..Section 17. N. £ N.E. £ and N.E. £ N.W. £.Section 20. IN PITKIN AND GUNNISON COUNTIES. [The line between said Counties runs on the apex of tie* Huntsman’s Hills and intersects some of the lands diagonally, and is not definitely located.] In Township 0, Range 89: S. £.Section 31 W. £ S.W. £.Section 32. In Township 10, Range 89: S.E. 1 N.E. 1, E. £ S.E. 1, and N.W. £ S.E. £.Section 4. N.W. £ N.W. £, and S.W. 1 S.W. £.Section 5. E. f, and W. £ N.W. £.Section 0. E. £.Section 7. W. £, and W. 4 S.E. £,.Section 8. W. £ N.E. a s.E. £, N.W. a e. £ S.W. £ and N.W. £ S.W. £.Section 17. E. A and E. £ N.W. £.Section 18. N.E. £. Section 19. N.E. £ N.E. £.Section 20. S.E. £ S.W. £, e. £ S.E. £ and S.W. £ S.E. £.Section 22. S. £ S.W. £, N.E. £ S.W. £, s. £ N.E. £, N. £ S.E. £, and S.E. £ S.E. £.’.Section 23. W. £ S.W. £.Section 24. W. £ N.W. £.Section 25. IN GARFIELD COUNTY. In Township 5, Range 90: Part of S.E. £ S.E. £ lying S. of Grand River.Section 33. 18 Part of N.W. \ S.W. 4 lying S. of Grand River, S. 4 S.W. 4, N.E. J S.W. i, W. i S.E. J, and N.E. 1 S.E. 4.Section 34. W. 4 S.W. 4.Section 35. In Township 6, Range 90: N.W. i N.W. i, S. J S.W. 4.Section 5. N.E. 4, E. 4 N.W. 4, S.W. 4 N.W. 4, and S. 4.Section 6. N. 4 N. 4, and S. 4 N.E. 4.Section 7. N. 4, N.E. 4 S.W. 4, and N. 4 S.E. 4.Section 8. S. 4 N.W. 4, and S.W. 4.Section 9. S.AV. 4, also all that part of the S.E. 4 south and west of the Driscoll Vein, as more particularly described in a certain deed from Harris D. Colt to Edward J. Berwind, recorded in Book 25, Page 109, in the records of Garfield County, Colorado.Section 14. N.W. 4.Section 15. N. 4 N.E. 4 and N.E. 4 N.W. 4.Section 10. N.E. 4, E. 4 N.W. 4.Section 23. N. 4.Section 24. In Township 5, Range 92: S. 4? S. 4 N.W. 4, and W. part (24.355 acres) of S.W. 4 N.E. 4.Section 24. N.W. 4 N.E. 4, and the N. 4 N.AV. 4.Section 25. N.E. 4 N.E. 4...Section 20. IN MESA COUNTY. In Township 10, Range 98: S.W. 4 S.E. 4.Section 27. N.E. 4, S.E. 4 S.E. 4, W. 4 S.E. 4 and S. 4 S.W. 4. .Section 33. N.W. 4 N.E. 4.Section 34 In Township 11, Range 98: Lots 1 to 8, 12 and 13. Lots 7 and 8. Section 3. Section 4. 19 IN WELD COUNTY. In Township 1, Range 68: W. i S.W. J.Section 19. W. f, (less right of way, 30 acres surface).Section 30. W. i W. \ .Section 31. Also the following described mineral properties in the State of Colorado: In the Unnamed Mining District in Chaffee County. The Smithville Lode; The Smith ville Number Two Lode; The Hecla Lode; The Hecla Number Two Lode; The Calumet Lode; The Calumet Number Two Lode; Being the Calumet The San Pablo Placer; The Smitliville Placer; The Hecla Placer; The Montana Placer; The Calumet Placer; The Moqui Placer; ron Property. In the Tin Cup Mining District in Gunnison County. Iron Ore Lode; . Iron Ore Number Two Lode. In the Hall Valley Mining District in Park County. The Titania Placer. In the Blake Mining District in Saguache County. The Grand Tower Lode; The Vivia B. Lode; The Poor Man Lode; The D. N. Jones Lode; The Grand View Lode; The McClelland Lode; The Enterprise Lode; The Runaway Lode; The Prospector Lode; The Flag Lode; 20 The Beehive Lode; The Security Placer; Being the Hot Springs Iron Property. IN FREMONT COUNTY. In Township 20 S., R. 72 W. 6th P. M.: S.W. i N.W. i and N.W. 4 S.W. 4.Section 2. N.W. 4, W. i N.E. 4, S.E. i N.E. 4, N. 4 S.W. 4, S.W. i S.W. 4, N. 4 S.E. i, S.W. 4 S.E. 4.Section 3. N.E. i, N. i S.E. i, S.E. i S.E. 4.Section 4. N.E. i N.E. i .Section 9. N. 4 N.W. i, N.W. i N.E. i.Section 10. Being the Grape Creek Iron Property. All said mining property being more particularly described iu the Receiver’s Receipts and Patents issued therefor. Also all the following described lands and premises and all the mines and minerals thereon or therein, and rights to mine the same, being the property purchased by said Company of The Grand River Coal and Coke Company, a corporation organized and existing under the laws of the State of New York, to-wit: IN MESA COUNTY. Tn Township 10, Range 98: E. i E. i and N.W. i S.E. ].Section 22. W. J N.W. i and N.W. J S.W. i.Section 23. IN GARFIELD COUNTY. In Township 7, Range 89: E. 4 E. 4.Section 8. W. 4 N.W. 4, E. 4 S.W. 4 and N.W. 4 S.W. 4.Section 16. E. 4 N.W. 4, W. 4 S.E. 4 and N.E. 4 S.W. 4.Section 21. E. 4 E. 4 and N.W. 4 N.E. 4.Section 28. E. 4 E. 4 and W. 4 S.E. 4.Section 33. W. 4 W. 4.Section 34. 21 In Township 5, Range 90: S. ■£ S. •£.Section 31. 18 acres in W. i of S.W. ± N.W. i .Section 31. In Township 5, Range 91: S. \ S.E. i and S.W. i .Section 20. S.E. i, W. i, and S. £ N.E. ±.Section 27. E. J.Section 28. N. i N.E. i .Section 34. N. i and N. i S.E. \ .Section 35. N. i, S.W. i, N. i S.E. J and S.W. J S.E. ±. ..Section 36. S. i N.W. i and N. J S.W. i .Section 19. In Township 6, Range 91: E. i N.E. i and N.E. J S.E. J.Section 2. In Township 5, Range 92: N. -J N. -J and E. Part (15.645 acres) of S.W. £ N.E. i, and all of S.E. ± N.E. J.Section 24. IN PITKIN COUNTY. In Township 11, Range 88: Lots 2, 3, 4, 5, 6, 7, 9, 10 and 11, in.Section 6. In Township 9, Range 89: S.E. I S.W. \ ..Section 27. S.W. i S.W. \ .Section 28. W. i N.W. i, S.E. i N.W. i and S. J N.E. ±.Section 33. S.W. i N.W. i, E. J N.W. i, N.E. £ S.W. J, S. £ N.E. £, W. i S.E. i, and S.E. £ S.E. £.Section 34. S. i N.W. i and E. J S.W. J.Section 35. In Township 10, Range 89: Lots 3 and 4 and S.W. £ N.W. £.Section 2. Lots 1 and 2 in.Section 3. E. \ S.E. £.Section 25. N.W. £ N.E. £, E. \ E. J, and S.W. £ S.E.£.Section 36. 22 IN PITKIN AND GARFIELD COUNTIES. (County line not definitely located.) In Township 8, Range 89: W. $ N.W. i, S.E. i N.W. i, W. i S.E. £, E. 4 S.W. i and S.W. J S.W. |. Section 1. E. 4 N.E. I .Section 4. E. J N.W. 4, W. i N.E. i, S.E. i, E. J S.W. i and S.W. i S.W. J.Section 10. \\ . 4 S.W. i .Section 11. M J N.E. N. ^ N.W. J, and S.E. \ .Section 15. N.E. J N.E. \ .Section 16. E. .Section 22. S. N.W. \ and N. S.W. J.Section 23. W. | W. |.Section 26. E. -J.Section 27. Part of E. ^ N.W. 4 and of N.E. 4 lying N. of N. Thompson Creek.Section 34. Part of W. J N.W. | lying N. of N. Thompson Creek.Section 35. Also all lands and premises at or near Cardiff Station on the line of the Colorado Midland Railway, in Garfield County, Colo¬ rado, held or to be held under lease from the Colorado Midland Railway Company, for coke ovens, store house, powder house, etc.; together with all the property, rights and franchises there¬ unto in anywise appertaining, and remainders, reversions, in¬ comes, rents, issues and profits thereof, acquired under and by virtue of the purchase aforesaid; (§cabjeet, ^owevep, As to the lands and property so purchased of said The Grand River Coal and Coke Company, to the lien of a certain deed of trust of date April 1, 1889, executed by The Grand River Coal and Coke Company to the Central Trust Company of New York, as Trustee, to secure the bonds of said The Grand River Coal and Coke Company. IN CARBON COUNTY, WYOMING. In Township 21, Range 79: All of.Section 7. All of.Section 17. All of. Section 19. All of. Section 29. All of.Section 31. In Township 20, Range 80: All of.Section 1. In Township 21, Range 80: All of.Section 13. All of.Section 21. All of.Section 23. All of.Section 25. All of. Section 27. All of.Section 33. All of.Section 35. l>®qethep with the appurtenances, mines and mining rights Appurte- thereunto belonging or in anywise appertaining; all houses, build¬ ings, structures and fixtures erected, or to be erected upon, and in any way connected with any of the aforementioned lands and real estate; including all iron, coal and other mines; and mining property, machinery and fixtures; all the coke ovens, furnaces, foundries, mills machine shops, steel plants and manufactories of every kind, name and nature, whether the same are now con¬ structed, in operation, or shall be hereafter constructed or oper¬ ated upon said premises, or any part thereof, including all stock in trade, tools, equipment, machinery, material, and property of whatever kind or nature, whether affixed to the freehold or movable, and owned by the said company at the time of the execution of these presents, or at any time hereafter, appurtenant to any such properties, together, also, with all the property, rights, title and interest which the said Company now has in and to the conduit pipes, pumps and machinery used for carrying and con- 24 veying water for manufacturing purposes, or to its factories, whether the same be on the lands aforesaid or on other lands, and all titles, rights and easements connected therewith, together with all renewals, replacements, repairs, additions, betterments, developments, and improvements now made, or which shall at any time hereafter be made upon or to any of the said trust prop¬ erties, together with all franchises of the said Company of every nature relating thereto, including all its mills, water-powers, ditches, canals, and the reversion and reversions, remainder and remainders, revenues, incomes, rents, issues and profits thereof, and all the estate, right, title and interest, property, possesssion, claim and demand whatsoever, as well in law as in equity, present and future, of the said Company of, in and to all and singular the property and effects hereinbefore described, and every part of the same, and every parcel thereof, with the appurtenances; also, all revenues, benefits, advantages and profits to the said Company at any time accruing from or out of the same, or the business and operations thereof and connected with said properties. Habendum. 1>© ^Qx\J^ cupd to ^©ld the said properties, the same being herein designated as the “trust properties;” subject, however, as to so much of said trust properties as is embraced in the trust deeds executed by the said Coal Company and said Fuel Company, and those executed upon the lands of The Denver Fuel Company, respectively, as aforesaid, to the liens thereof, respectively, and subject also to all valid and existing railroad and ditch rights of way, and other lawful public easements, unto the said Trustee, its successor or successors, to its and their only proper use, ben¬ efit and behoof forever; Trust estate. In i>pu§t, nevepthele§§, for the equal pro rata benefit and security of all persons and parties, corporate bodies and partner¬ ship firms who may hold any of the bonds issued hereunder, in conformity with the provisions herein contained, and at any time hereafter outstanding, without any discrimination, preference or priority of any one bond over another by reason of priority in time 25 of its actual issue or negotiation, or otherwise, with all the powers and upon the terms and conditions, and upon the trusts and for the purposes hereinafter reserved, created, declared, expressed and contained, as follows: Article First —The said f 6, 000, 000 of bonds, in the form Disposition of general hereinbefore specified to be issued and intended to be secured by these presents, and hereinafter designated as “general mortgage bonds,” shall be disposed of in the following manner: I. Twelve Hundred bonds, being those numbered from one 1,200 deliv¬ ered to to twelve hundred, both inclusive, shall be forthwith certified by mort « a ^ or - said Trustee and delivered to the President of said Company, to be by it sold and the proceeds used as its Board of Directors shall deem proper in the transaction of its business as aforesaid. II. The remaining Fortv-Eiglit Hundred bonds, being those 4 , 8(0 re¬ tained by numbered from twelve hundred and one to six thousand, both in Trustee, elusive, or out of the proceeds thereof, a sum not exceeding |4,800,000, shall be reserved and deposited with said Trustee for the protection of the purchasers of bonds issued hereunder and for the purpose of enabling said Company to withdraw by ex¬ change or pay the bonds heretofore issued by the Coal Company, and those heretofore issued by the Fuel Company, and the said secured indebtedness of The Denver Fuel Company, amounting in the aggregate to $4,800,000 (exclusive of interest or deduction on account of payments to sinking funds heretofore made), as hereinafter provided, which bonds and indebtedness are herein after designated and referred to as “prior bonds,” secured by the several deeds of trust hereinbefore in that regard respectively referred to. III. No interest shall be or become payable upon any of the said forty-eight hundred general mortgage bonds as long as they shall remain in the possession of the trustee, unissued, and when they shall have been authenticated by the certificate of the trustee, and when and as they shall be issued, and delivered to 26 Surrender of bonds by Trustee upon cancellation of prior bonds. Surrender of bonds for gold at par. Trustee may invest money on call. Bonds issued on account of Fuel Co. sinking fund. owners or holders, all coupons thereon which shall have matured prior to the date of such issue and delivery shall be detached and canceled. Article Second—I. Whenever the said Company shall de¬ liver and hand over to the said Trustee prior bonds of any or either of the issues aforesaid, the said Trustee shall, on receiving the same, deliver to said Company (or to such person or persons as may be designated by resolution of the Board of Directors of the Company) general mortgage bonds in its hands, duly authenti¬ cated by its certificate, to an amount equal to the amount of prin¬ cipal of such prior bonds delivered to it by or for the Company, or the said Trustee may from time to time countersign, issue and de¬ liver to said Company such of said general mortgage bonds as may be in its hands at the time, either all at one time, or from time to time, in such amounts as may be required by the Com¬ pany on receiving the par value thereof in gold coin of or equal to the standard in such prior bonds mentioned, the sums so received by said Trustee to be returned to said Company on the presenta¬ tion by it to said Trustee of prior bonds, dollar for dollar, if the same be so presented before or at the maturity of said prior bonds: provided, that the Trustee may loan out such moneys with the consent of the Company, on call, at such rate of interest as it may deem advantageous, on such security as it may deem suf¬ ficient, or on prior bonds aforesaid, or on bonds secured hereby and issued hereunder, at market value, not above par. II. Whenever the said Company shall deliver to said Trustee a certificate executed by tin* Trustee of and under the Fuel Com¬ pany mortgage hereinbefore referred to, to the effect that certain of the bonds secured thereby have been canceled in accordance with the sinking fund provisions of the mortgage or deed of trust securing the same, which certificate shall specify the date of can¬ cellation and the numbers of the bonds so canceled, the Trustee hereunder shall, on receiving the same from time to time, deliver to said Company general mortgage bonds in its hands, duly au- 27 thenticated by its certificate, to an amount equal to the amount of principal of such prior bonds so shown to have been canceled. III. Whenever the said Companv shall deliver to the said Bonds issued on account Trustee a certificate executed by the Trustee of the Coal Com- Co - pany mortgage hereinbefore referred to, to the effect that certain un moneys have been paid into its hands or collected by it for the purposes of and in accordance with the sinking-fund provisions of the mortgage or deed of trust securing the same, which certificate shall in the first instance specify the amount of such moneys so received by the said last-mentioned Trustee up to and including the date of such certificate, and each and any subsequent certifi¬ cate specifying the amount of such moneys so received, and the date on which they were received, the Trustee shall, from time to time, on presentation of such certificate or certificates, in amounts of one thousand dollars or multiples thereof, deliver to said Com¬ pany (or to such person or persons as may be designated in an order of the said Company) general mortgage bonds in its hands, authenticated by its certificate, to an amount equal to the amount in said certificates named; provided that nothing herein contained shall authorize the Trustee to deliver general mortgage bonds in exchange for any bonds which may have been purchased by the Trustee of and under said Coal Company mortgage for the ben¬ efit of the sinking fund under said mortgage, and which may be still held by said Trustee. IV. Whenever said Company shall have paid the one hun Bonds issued on payment dred thousand dollar indebtedness of The Denver Fuel Company, and shall deliver to the Trustee certified copies of the records 0 f ednes8, the proper counties showing the release of the trust deeds se¬ curing the same, the Trustee shall thereupon deliver to the Com pany general mortgage bonds, authenticated by its certificate, to the amount of one hundred thousand dollars of principal. Article Third — Upon maturity of such prior bonds respect- Payment of ^ A r prior bonds ively, said Trustee shall apply any moneys that may have been at matunty * 28 Cancellation of Bonds re deemed. Possession of trust prop¬ erties. Right to sell personal property. Right to mine miner¬ als and cut timber. Right to sell surface land. received by it, and remain in its hands as aforesaid, to the pay¬ ment of principal of such prior bonds as may at the time be out¬ standing. All prior bonds which may be received by said Trustee shall be canceled forthwith, and delivered so canceled to the Trustee of the mortgage which was given to secure the same. Article Fourth —Until default shall be made by the said Com¬ pany, its successors or assigns, in the due and punctual observ¬ ance and performance of any one or more of the covenants and agreements herein contained on the part and behalf of the said Company to be kept and performed (and possession taken by said Trustee by virtue hereof), the said Company, its successors and assigns, shall be suffered and permitted to remain in the actual possession of all and singular the trust properties hereinbefore mentioned and described, and of the whole thereof, to use and employ the same and every part thereof, to sell in the course of trade the personal property and products so intended for sale, and to sell any machinery, equipment, tools or other personal property covered by these presents, which shall either have been replaced by other similar articles of equal value or which shall cease to be necessary for the efficient operation of the Company's business; and to exercise and enjoy all the rights and franchises appertaining thereto, and to collect, receive and have the income, rents, revenues, issues and profits thereof, and use the same in any manner which will not impair the lien created by these presents; and the mining of coal or other minerals or cutting timber from said lands shall not be deemed such impairment. Article Fifth —The Company may at any time in its own discretion contract for the sale of and sell and convey any portion of the surface of the lands hereinbefore described, and not re¬ quired by it in its operations, upon the payment to said Trustee of the sum of Five Dollars per acre for the land so sold and con veyed; reserving, however, in all such sales and conveyances, the 29 right to said Company, its successors and assigns, to extract and dispose of all coal or other minerals beneath such surface without let or hindrance from or responsibility to the purchasers of such surface on account of the operations carried on beneath the sur¬ face for the purpose of extracting such coal or other minerals; and upon the receipt by the Trustee of said Five Dollars per acre, and of an affidavit by the President or General Manager of the (Company that the portion of the surface sought to be released i * not required by it in its operations, it shall execute a release to the purchaser of all the interest so conveyed, which shall operate as a release of the same fromAhe lien of these presents. The said affidavit of the President or General Manager of the Com¬ pany shall be sufficient and conclusive evidence to the Trustee of the truth of the facts stated therein. The said Company may also with or without compensation therefor, in its discretion, grant over, through or upon the lands covered by these presents, free from the lien thereof, rights of way, of reasonable extent, for such railways, ditches, highways, tunnels or other improve¬ ments as may be either advantageous or not injurious to its own business operations; subject, however, to the right of said Com¬ pany to extract all coal and minerals as aforesaid, when the same can be done without injury to such rights of way. All moneys received by the Trustee under this article shall be held and applied by it to and for the purposes of the sinking fund, hereinafter created; provided, that if at the time of the re¬ ceipt thereof any prior bonds which are a lien on the land so sold should be outstanding, then in case any such money shall be re¬ ceived by the Trustee from or on account of any parcel of land now subject to the trust deeds securing the prior bonds, the Trus¬ tee shall turn over such money to the Trustee or Trustees there¬ under for the time being, to be held and disposed of by it or them as therein prescribed. Article Sixth-I. The said Company shall and will well and truly pay off and discharge, or cause to be paid off and discharged, Company may grant rights of way. Disposition of moneys re¬ ceived for surface ground or rights of way. Covenant to pay taxes. 30 Covenant to repair. Covenant to discharge prior bonds and obliga¬ tions. each and every tax, assessment or other liability and govern¬ mental charge which may from time to time be lawfully levied or imposed by competent authority upon the said trust properties, or upon any part thereof, the lien whereof might or could be held to be superior to the lien of these presents, so that the priority of these presents shall at all times be duly maintained and pre¬ served. The Company shall keep the said mines, mining property, coke ovens and other establishments, manufactories and manu¬ facturing establishments, hereinbefore mentioned, in good work¬ ing order and condition, and shall and will from time to time make all needful and proper repairs, renewals, replace¬ ments, alterations, additions, betterments, developments and improvements of all and singular said property, mines and prem¬ ises, so that the business thereof, and of every part thereof, shall be preserved, developed and maintained. II. The Company shall well and truly pay, or cause to be paid, the said prior bonds and indebtedness and the interest there¬ on at maturity, and shall and will well and truly observe and per¬ form all the covenants and agreements in said several trust deeds, securing said prior bonds, respectively contained, in such manner that the rights of the holders of general mortgage bonds issued hereunder, and the security afforded them by these presents shall not be in any wise impaired or prejudiced, and will not do or suffer any matter or thing whatsoever whereby the lien of these presents might or could be diminished or impaired; provided, that nothing herein contained shall prevent either the substitu tion or exchange of general mortgage bonds secured by these presents for the prior bonds aforesaid now outstanding, or the payment of such prior bonds with the proceeds of the sale or ne¬ gotiation of any general mortgage bonds secured hereby, as herein provided, or the release, by the said Trustee, of any portion of the said lands and premises which may be sold under and according to the stipulations herein contained, or the performance of any of the conditions of this indenture. 31 III. As between the Company and the Trustee, all the ma- Machinery 1 * and lmprove- chinery, tools and other personal property used and to be used in fixtures, connection with the said trust properties shall be considered fixtures, and be held to be covered by the lien of these presents. Article Seventh— If default shall be made in the payment of J^caseof de- any semi-annual installment of interest mentioned in the said general mortgage bonds, according to the tenor or effect of said bonds, and if such default shall continue for the period of six months, then the trustee, or its successor or successors in the trust, may, at its or their option, and upon being requested in writing by the holders of a majority in amount of the said bonds then outstanding, shall, declare the principal of all of the said bonds to be immediately due and payable, and thereupon the principal of all of said bonds shall become due and payable forth¬ with. Such declaration may be made by notice in writing to the said Company or by publication thereof once in some daily news¬ paper published in the Cit 3 r of New York. In case of any sale of the mortgaged premises pursuant to any decree of foreclosure and sale based upon this mortgage, the principal of all of the bonds secured hereby shall become forthwith due and payable without any declaration to that effect or notice thereof. In case default shall be made by said Company in the per¬ formance of any of the covenants and agreements contained in the several prior bonds, or in the trust deeds securing the same, so as to entitle the Trustee or Trustees therein, or either of them, to exercise the power of entry provided for therein; or, in case the said Company shall, at any time, make default (a) in paying the principal or interest, or any part thereof, which, in and by said general mortgage bonds, it has promised to pay, on any day whereon the same shall be payable and shall have been demand ed; or (b) in paying all or any part of the taxes and assessments which shall at any time be lawfully imposed upon the properties covered, or intended to be covered, by these presents, as each shall respectively fall due; or (c) in setting apart and applying, at the 32 times and in the manner hereinafter directed, the sinking fund hereinafter pro Aided for, or some part thereof; and in case one bondholders or more persons holding a majority of said general mortgage bonds, as to which such defaults, or one or more of them, exist, shall have made a demand npon said Trustee in writing to that effect, then, npon the continuance of such defaults, or one or more of them, for six months, it shall be lawful for said Trustee: Right of I. To enter into and upon all and singular the trust prop- trustee to # 11 possession, erties covered, or intended to be coA r ered, by these presents, and to take the same, and each and all of them, into its own possession, and to control, manage and operate the same, by itself, or by its agents, attorneys and employes, as it shall think proper, in like manner as the said Company theretofore had or might liaA r e done; and to collect, use and dispose of the products, earnings, rents, profits, re\ r enues and income thereof (first) in and toward paying the expense of operating said properties, and of keeping the same in good and efficient working condition and repair, including a reasonable compensation to the said Trustee for managing and operating the same, and also the fees of counsel employed by it in that behalf; and, if any surplus shall remain, then (second) to use such surplus in making good the default or defaults which may have so occurred, whether before or after its taking possession as aforesaid, to (or for the benefit of) the .parties who may have suffered thereby; and, upon and after lia\ 7 ing so made good all such defaults, in trust to restore the said trust properties to the said Company in like manner as it had held the same before such defaults had occurred; or Continuance of default for six months. Sale of trust properties. II. In.case any one or more of the defaults in this article mentioned shall have occurred, and continued for more than six months, and upon a like written demand upon said Trustee to that effect, made by one or more persons holding a majority of said general mortgage bonds as to which such defaults, or any one or more of them, shall exist, then in trust to sell, or cause to be sold, the said trust properties, or so much thereof as shall be necessary for that purpose, at public auction, at Denver, Colo- 33 rado, after having given notice of the time and place and terms of sale, by publishing the same once in each week for nine con secutive weeks immediately preceding such sale, in one newspaper published in the City of New York and in one newspaper pub¬ lished in the City of Denver, Colorado; and upon such sale or sales to execute and deliver to the purchaser or purchasers of the prop¬ erty sold, both in its own name and in the name of the Company, and as its attorney in fact, irrevocable (hereby duly appointed and authorized), such good and sufficient deeds of conveyance, or other instruments of assignment or transfer, as may be necessary or convenient, to vest in the purchaser or purchasers all the estate, right, title and interest, both of the said Trustee and of the said Company, of, in and to the property so purchased; and in trust, to receive, collect, use and apply the net proceeds of such sales, after deducting therefrom all expenses incurred in making such sales, including a reasonable compensation to the said Trustee for administering this trust, and also the fees of counsel employed by it in that behalf, in and towards the payment in full (or if not in full, then pro rata), of the interest first, and then of the prin¬ cipal, due upon any and all the said general mortgage bonds then outstanding and unpaid, in such manner that, after such pay¬ ments shall have been made, the amounts remaining unpaid upon each bond, whether of principal or interest, shall be equal one with another. III. Nothing in this article contained shall be so construed as to prevent or hinder the said Trustee from applying to any Court of competent jurisdiction, after any default in the per¬ formance of any of the terms and provisions hereof, for a judicial foreclosure of these presents, or for any relief, provisional, inter¬ locutory or final, to which it may be entitled in any proceeding, either at law or in equity, to enforce or secure any rights herein conferred. But no bondholder or bondholders shall take, begin, institute or prosecute, or have the right to require the Trustee to take, begin, institute or prosecute, any suit or suits, proceeding or proceedings, to enforce the provisions of or to foreclose this mort- Application of proceeds. Judicial foreclosure. 34 Mortgage bonds re¬ ceived for purchase money. Order of sale. Sinking fund. gage, until after the expiration of the period of six months from the date of any such default. And no bondholder or bondholders shall, at any time, take, begin, institute or prosecute any suit or suits, proceeding or proceedings, until after he or they shall have requested the Trustee in writing to take, begin or institute such suit or suits, proceeding or proceedings, and offered proper in demnity, as hereinafter provided, and the Trustee shall have thereupon refused to comply with such request. The Trustee shall have the right to require the person or persons presenting any such request, or any request or demand mentioned or provided for in this mortgage, to furnish proof, by affidavit or affidavits of the signers, as to the ownership of the bonds represented by him or them, and of his or their authority to subscribe such request, in case the same shall be subscribed by any other person than the owner; and, if such proof be so required, the said request shall be without effect until such proof shall have been furnished to the Trustee. IV. Any of the general mortgage bonds or prior bonds and overdue coupons thereon shall be received in payment of the pur¬ chase money of any property sold as aforesaid as equivalent to so much cash of the said purchase money as would be distributable and payable thereon; provided that, in case of any such sale or sales under and by virtue of the power conferred by this instru¬ ment, the Trustee shall sell the trust properties in such order as may be in writing directed by said Company, provided reasonable notice thereof shall be given to the Trustee. Article Eighth — I. For the purpose of providing against any depreciation of the security reserved herein by reason of the mining out of coal and iron from the aforesaid trust properties, the Company shall set aside and reserve from and after the first day of July, 1893, and while the lien of these presents continues, the sum of two cents per ton on each ton of coal, and five cents per ton on each ton of iron ore, mined from any of the lands now or hereafter covered by this mortgage, such reservation to be for 35 the purposes of a sinking fund on the condition hereinafter set forth. II. On or before the first day of December in each year, commencing with 1894, while the lien of these presents shall con¬ tinue, the Company shall account to the Trustee for all moneys reserved as aforesaid for the purposes of a sinking fund. The investment Company shall have the right to invest the moneys so reserved fund ln land ‘ by it in the purchase of coal and iron lands which may be neces¬ sary or desirable for the use of the Company, at the fair value thereof. On or before the first day of December in each year the see suppi*- mental rnort- Company shall deliver to the Trustee a supplemental mortgage or gages, page deed of trust which shall vest the title to the lands so purchased, if any, in the said Trustee, subject to all the trusts, powers, con¬ ditions and provisions herein contained, and shall pay over to the said Trustee the reservations of said sinking fund which shall not have been invested in coal or iron lands as above provided; pro- Account and vided, that such delivery shall be accompanied by the affidavit of reSdered ts the President, General Manager or one of the Vice-Presidents Tlustee ' of the Company showing the entire amount of moneys reserved during the preceding year and the amount invested in the pur¬ chase of lands, and setting forth that the lands purchased on ac¬ count of said sinking fund were necessary or desirable for the use of the Company; that the price paid for the same was the fair cash value thereof, and that said property had been purchased for the Company in good faith for the consideration expressed; and shall be further accompanied by a certified copy of the resolu¬ tion adopted by the Board of Directors of the Company authoriz¬ ing or approving the purchase of the aforesaid coal and iron lands and the execution and delivery of the supplemental mort¬ gage above provided for, which affidavit and certificate shall be conclusive evidence to the Trustee of the truth of the statements therein contained; provided, further, that the owners of a major-Right of bondholders ity in amount of the outstanding bonds shall have the right at any paj^ntof time to require all sinking-fund reservations thereafter accruing ii^Th. fund to be paid in cash; and, whenever one or more persons holding a 36 Investment of sinking fund in bonds. Redemption of bonds by lot. Destruction of bonds re¬ deemed. majority of said general mortgage bonds shall have made a de¬ mand upon said Trustee in writing to that effect, the entire sink¬ ing-fund reservation shall be payable in cash from that time until the maturing of the said general mortgage bonds. III. Immediately upon the receipt of moneys for the sinking fund, or from sales of land, as provided in Article Five, the Trus¬ tee shall proceed to invest the same in the outstanding general mortgage bonds secured by this deed of trust by purchasing them in the open market at the best price for which they can be ob¬ tained; in no event, however, paying more than par and five per centum premium with accrued interest. IV. In case the Trustee shall not be able to purchase the bonds at the price herein limited, then, and in that event, the Trustee shall, on or before the first day of January in each year, draw by lot from the entire number of bonds which shall have been outstanding on the first day of December previous thereto such a number of bonds for redemption as it shall have funds to redeem at par and five per cent, premium, and the holders of said bonds so drawn shall be forthwith notified by advertisement pub¬ lished daily (Sundays excepted) for two weeks in two newspapers in the City of New York, and in one newspaper in Denver, Colo rado, that their bonds will be redeemed at five per cent, above par with accrued interest on the first day of February then next en¬ suing, and such bonds shall thereupon cease to draw interest from the date fixed for redemption, and shall be redeemed by the said Trustee on and after that day, and at the price aforesaid, out of the moneys placed in its hands on account of said sinking fund. V. All bonds that shall, from time to time, be purchased or redeemed through the sinking fund herein created shall be’de¬ stroyed forthwith by the said Trustee in the presence of some officer or other person to be designated by the Company, and said Trustee shall certify to said Company, in writing, the fact of such destruction and the numbers of the bonds so destroyed. 37 Article Ninth-T. In case said Trustee shall be required bygjsponji- the holders of bonds secured by these presents to enforce any 0 f Trustee ' their rights hereby secured, it shall not be required to incur any expense or liability in connection therewith until it shall be sat¬ isfactorily indemnified by the parties requiring such action to be taken. II. All powers in these presents conferred upon the said Discretion- 1 ary power Trustee (except as otherwise herein specifically provided) shall be®*®jj cl /^ h in deemed discretionary, and it shall incur no liability in exercising any such powers, provided it acts in good faith in exercising the same. III. The Trustee shall not be answerable for the default or Right to em¬ ploy agents. misconduct of any attorney, clerk or agent appointed by it in pursuance hereof, if such attorney, clerk or agent be selected with reasonable care, nor for any error or mistake made by it in good faith, but only for gross negligence or willful default in the dis¬ charge of its duties as such Trustee. The Trustee shall not be individually liable for any debts contracted or any liabilities in¬ curred by it, nor for any damage to persons or property injured, nor for salaries or non-fulfillments of contracts, during any period in which the Trustee shall manage the trust property upon entry as aforesaid, but all such debts and liabilities shall be and con¬ stitute a first charge upon the trust funds and properties. IV. The Trustee shall be entitled to such just and reason- Compensa . able compensation for all services which may hereafter be ren- T?i?stie. dered by it in this trust as may be agreed upon between it and the Company, or in the absence of such agreement as may be fixed by any court of competent jurisdiction; and the services of such Trustee shall be deemed to be continuous during the entire period, while these presents shall remain in force or effect, and it remains such Trustee; and said Trustee shall be paid by the Company, or out of the income of the trust properties from time to time as required, and until paid shall be secured hereby. The said Trustee shall be entitled to be fully reimbursed in respect 38 thereof before any distribution is made for principal or for in¬ terest upon any bonds or coupons secured hereby. Resignation Article Tenth— The said Trustee,or any Trustee or Trustees or removal of Trustee, hereafter appointed, may resign and be discharged of the trust created by this indenture, by giving notice in writing to the Com¬ pany, and to the general mortgage bondholders, by publication thereof, at least six times a week for four successive weeks, in a newspaper published in the City of New York, New York, and in a newspaper published in the City of Denver, Colorado, such resig¬ nation not to take effect until at least thirty days after the last publication of such notice; and in case of the dissolution of said Trustee, or of its resignation, incapacity to act, or removal as Trustee hereunder, it shall be the duty of the Company, or of its Meeting °f President, or Secretary, to call a meeting of the holders of the general mortgage bonds secured, or intended to be secured here¬ by, by publishing a notice at least six times each week, for at least four weeks, in a newspaper published in the City of New York, New York, k and in a newspaper published in the City of Denver, Colorado, such meeting of holders of said bonds to be held in the City of New York, not less than ten days after the last publica¬ tion of each or either of said notices, for the purpose of filling the Appoint pi ace 0 f said Trustee; and a majority in interest of the holders of Trustee. Conveyance to new Trustee by the old. said bonds, so attending such meeting, or legally represented thereat, shall be competent to elect a new Trustee, and shall at such meeting proceed to elect a suitable person or persons or cor¬ poration to act as Trustee or Trustees to fill such vacancy, and the person or persons or corporation so elected shall immediately upon such election, and upon filing with the Company an accept¬ ance in writing of such trust, become vested with all the estate, trust, rights, power and duties of the said Trustee, as prescribed herein; and thereupon all the powers hereunder, and all che estate, right, title and interest in the said trust properties of the Trustee who shall have become incapable, or have resigned, or have been removed, shall wholly cease and determine; but, never¬ theless, the Trustee or Trustees resigning, or being removed as 39 aforesaid, shall, upon request in writing of the new Trustee or Trustees, execute and deliver to it, him or them all such convey¬ ances and other instruments as shall be fit and expedient, for the purpose of assuring to such new Trustee or Trustees the legal estate in the trust properties; provided, that the expense of the preparation and execution of such new instruments shall be de¬ frayed by the Company, or other parties in interest; and provided, further, that nothing herein contained shall be so construed as to deprive any Trustee, or his or its representatives of any right to such compensation or reimbursement as such Trustee is or may be justly entitled to, for any service actually rendered, or expense in¬ curred under this indenture; and in case of such election of a new Trustee or Trustees, as aforesaid, the Company hereby covenants Conveyance to new Trus- to make, execute and deliver, such other or further instruments, mortgagor, deeds, indentures or assurances, as may be necesssary to enable the person or persons, or corporation so elected, to execute and carry out the trusts hereby created and declared, as fully and perfectly in all respects, as he, they or it could have executed and carried out the same, if originally made the party of the second part to this indenture; and it is hereby declared and agreed, that in case the holders of said bonds shall fail or omit to appoint a new Trustee or Trustees, in the manner aforesaid, within ninety days after the incapacity of any Trustee shall occur, or within ninety days after the resignation or removal of any Trustee, the When the President of the Company shall thereupon become such Trustee, Resident of and shall serve as such, and shall be subject to all the duties, Trustee. 1 as and be vested with all the powers herein or hereby created, grant¬ ed and conferred upon the said party of the second part, until a majority in interest of the holders of the outstanding bonds shall elect a Trustee or Trustees, in the manner aforesaid. It is further expressly agreed that all covenants, stipulations, promises and undertakings herein contained, by or on behalf of the Company, shall bind and be binding upon its successors or assigns, whether so expressed or not. 40 Bondholders may author¬ ize altera¬ tion of mortgage. Evidence of any altera¬ tion deliver¬ ed to trustee. Certificate of alteration executed by trustee. Article Eleventh—I. These presents, and the trusts, con¬ ditions and powers hereby imposed or granted, may be altered, curtailed, enlarged or added to in any manner that shall be agreed upon between the said Company and the said Trustee, provided that such alterations, curtailments, enlargements or additions shall have first been approved by holders of two-thirds in amount of all the then outstanding general mortgage bonds secured by these presents, at a meeting of general mortgage bondholders to be summoned by said Trustee at the request of the Board of Di¬ rectors of said Company, and upon a two weeks’ written notice of the time, place and purpose of said meeting, to be sent by mail to all such bondholders whose places of residence can be ascer¬ tained, and by publication thereof daily (Sundays excepted) for two weeks immediately previous to such meeting, in tw r o news¬ papers published in the City of New York, and in one newspaper published in the City of Denver, Colorado. II. The approval by the requisite number of bondholders of such alterations, curtailments, enlargements or additions shall be evidenced by some instrument in writing duly executed by them under their hands and seals, in person or by attorney duly author¬ ized, which instrument shall be lodged with the said Trustee as its authority for assenting thereto. III. The alterations, curtailments, enlargements or addi¬ tions, when so approved, shall be embodied in an indenture under seal duly executed by and between the said Company and the said Trustee, in such manner as to entitle the same to be recorded in every recording office where these presents shall have been, or shall be intended to be, recorded. When said indenture shall have been so executed and delivered to the said Trustee, these presents shall forthwith be deemed to have been altered, curtailed, en¬ larged or added to, in accordance therewith, and the Trustee shall cause said indenture to be recorded in such recording offices as shall be by law required, to give notice to all persons affected, or to be affected thereby, but the said Trustee shall have power to 41 refuse to agree to any such alterations, curtailments, enlarge ments or additions, in case it shall think that the same shall un¬ reasonably impair or prejudice the rights of the bondholders who do not assent thereto. Article Twelfth—I. It is hereby expressly further mutually SK e ° r f s , agreed that whenever, and as often as any contingency shall arise on which the action of a majority in interest of the holders of general mortgage bonds secured hereby shall be controlling, or in which the said bondholders have by the provisions hereof any discretionary voice or power, the Trustee hereunder may call a meeting of the holders of such bonds, at the time outstanding, in manner hereinafter provided; and, until otherwise prescribed by said bondholders, such meetings shall be held at the City of New Notlce ' York, and notice of the objects, time and place of such meeting shall be given by publishing the same in two newspapers pub¬ lished in the City of New York, and also in a newspaper published in Denver, Colorado, twice a week for at least eight successsive weeks (the last publication to take place on the day in such notice mentioned for such meeting), and by depositing in the Post Office, in the City of New York, at the time or previous to the first publi¬ cation thereof, a written or printed copy of such notice properly enveloped and directed to each and every owner or owners of any one or more of said bonds standing registered in his or their names, at his or their registered place of residence, with the postage prepaid thereon; provided, that the expense of publishing and giving such notice shall be a liability of the Company here¬ under, and may be defrayed, if necessary, out of any trust funds in the hands of said Trustee. II. It shall be the duty of the Trustee to call any such meet- when meet- ing, whenever the Company or the holder or holders of general called - mortgage bonds to an aggregate amount not less than $600,000 shall in writing request the Trustee so to do, and at the same time tender to the Trustee an adequate amount to cover the ex penses of calling and holding such meeting; and if the Trustee shall fail to call such meeting in manner aforesaid within thirty days after such request and tender, or if the said Trustee shall 42 Rules for government of meetings. Quorum. Covenant for further assurances. Rights of mortgagor on payment of bonds. have resigned or become otherwise incapacitated, the President of the Company or the holder or holders of such bonds to the amount aforesaid may call such meeting in manner herein pro¬ vided, and at any meeting a majority in interest of the holders of said bonds outstanding may prescribe and establish such rules and by-laws as they may deem proper for the calling of future similar meetings and the regulation of proceedings thereof, and alter, repeal or amend the same at pleasure. III. At any meeting so convened the holders of said bonds shall be competent to exercise in person or by proxy all the powers and authorities conferred upon them by these presents, and a majority in interest shall constitute a quorum for the transaction of any business, provided that less than a quorum may adjourn from time to time, and that each bond shall entitle the holder or holders thereof to one vote, and that a majority of votes represented shall govern in all cases wherein a majority in interest of all bonds outstanding is not hereby required. Article THiRTEENTH-The Company further agrees for itself, its successors and assigns, that it shall and will, from time to time and at all times hereafter during the continuance of the lien of these presents, and as often as requested by the Trustee, execute, acknowledge and deliver all such further deeds of con¬ veyance and assurances in the law for the better securing unto the Trustee upon the trusts herein expressed the trust properties herein provided for, with all appurtenances thereto, as may be requested by the Trustee. Article Fourteenth— In Case the Company shall well and truly pay, or cause to be paid, all the bonds to be issued here¬ under, or entitled to the protection of this indenture, and the coupons thereto attached, at the times and in the manner therein specified, and shall well and truly keep and perform the covenants and undertakings herein and hereby required to be kept and performed by it, according to the true intent and meaning of this indenture, then, and in that case, all the trust properties hereby conveyed shall revert to the Company, and the estate, right, title 43 and interest of the said Trustee aforesaid, its succcessor or suc¬ cessors, shall thereupon cease, determine and become void, and the said Trustee shall, by some appropriate instrument, declare the lien of these presents to be discharged and shall execute such deeds, assignments or other instruments as shall be necessary or convenient to free the above trust properties therefrom; other¬ wise, the same shall be continued and remain in full force and virtue. ^>foi§ Irpdenttipe is executed and delivered to the said Trustee indenture c f executed in in several counterparts for the purpose of simultaneous record in teJpIrts C ° un ’ the proper offices in each of the several Counties of Colorado and Wyoming wherein the trust properties or some part thereof is situated, but all of such counterparts so executed and delivered each as an original, constitute but one instrument. lip ix^itipe§§ (aiipepeof, the said The Colorado Fuel and Iron Attestation. Company, party of the first part, has caused these presents to be executed on its behalf by its President, and its corporate seal, at¬ tested by its Assistant Secretary, to be hereto affixed, and the said Central Trust Company of New York, party of the second part, in evidence of its acceptance of the trust hereby created, has likewise caused these presents to be executed on its behalf by its Vice-President, and its corporate seal, attested by its Assistant Secretary, to be hereto affixed, the day and year first above written. THE COLORADO FUEL AND IRON COMPANY, By J. C. OSGOOD, [Seal] President. Attest: C. H. PARMELEE, Assistant Secretary. CENTRAL TRUST COMPANY OF NEW YORK, By [Seal] Attest: G. SHERMAN, Vice-President. B. G. MITCHELL, Assistant Secretary, 44 STATE OF NEW YORK, City and County of New York. ) On this (>th day of March, 1893, before me, Henry H. Whit¬ man, a Notary Public within and for said County and State, per¬ sonally appeared J. C. Osgood and C. H. Parmelee, each to me personally known and known to me, respectively, as the Presi¬ dent and Assistant Secretary of the said The Colorado Fuel and Iron Company, and each acknowledged that he executed the fore going instrument in his respective capacity of President or As¬ sistant Secretary of the said The Colorado Fuel and Iron Com¬ pany as the free and voluntary act of the said Company, and as his own free and voluntary act for the uses and purposes therein set forth. And the said J. C. Osgood and C. H. Parmelee, being each by me duly sworn, did depose and say, each for himself, that the seal affixed to the foregoing instrument is the corporate seal of the said The Colorado Fuel and Iron Company, and that said seal was affixed thereto, and the said instrument signed by them, respectively, as President and Assistant Secretary of the said Company, by order of the Hoard of Directors of said Company. In Witness Whereof, I have hereunto set my hand and affixed my notarial seal, the day and year above mentioned. My commission expires the 1st day of April, 1894. [Seal] H’Y H. WHITMAN, Notary Public. 45 City and County of New York. STATE OF NEW YORK, On this 6th day of March, 1893, before me, Henry H. Whit¬ man, a Notary Public within and for said County and State, per¬ sonally appeared George Sherman and Benjamin G. Mitchell, each to me personally known and known to me, respectively, as the Vice-President and Assistant Secretary of said Central Trust Company of New York, and each acknowledged that he executed the foregoing instrument, in his respective capacity of Vice-Presi¬ dent or Assistant Secretary of said Central Trust Company of New York, as the free and voluntary act of the said Company, and as his own free and voluntary act, for the uses and purposes therein set forth. And the said George Sherman and Benjamin G. Mitchell being each by me duly sworn, did depose and say, each for himself, that the seal affixed to the foregoing instrument is the corporate seal of the said Central Trust Company of New York, and that said seal was affixed thereto, and said instrument signed by them respectively as Vice-President and Assistant Secretary of said Company, by order of the Board of Trustees of said Company. In Witness Whereof, I have hereunto set my hand and affixed my notarial seal the day and year above mentioned. My commission expires the 1st day of April, 1894. [Seal] H’Y H. WHITMAN, Notary Public. 46 SUPPLEMENTAL MORTGAGES. In pursuance of Article Eighth, providing against deprecia¬ tion of the security by reason of mining out coal and iron, the Company has purchased from year to year additional coal and iron lands and by supplemental mortgages placed the same under the lien of the original mortgage, as follows: mentai? P & FIRST SUPPLEMENTAL MORTGAGE, 1893. This mortgage was to correct some errors and omissions in original. These corrections have been inserted in their proper places in the original. Second sup¬ plemental, 1894. SECOND SUPPLEMENTAL MORTGAGE, 1894, Covers: In Huerfano County. In Township 29, Range 66: S.W. i N.E. i .Section 12. In Township 27, Range 67: W. i S.W. 1, N.E. i S.W. i, S.E. i N.W. J, S. i N.E. J and E. -J S.E. i .Section 19. W. i S.W. i .Section 20. In Township 27, Range 68: S.E. J S.E \ .Section 24. Containing 478.26 acres. Purchase price, $25,880.00. Third supple¬ mental, 1895. THIRD SUPPLEMENTAL MORTGAGE, 1895. Covers: In Huerfano County. In Township 27, Range 67: S.W. 1, and S.W. \ of N.E. ] and E. \ of N.E. 4 .. .Section 17. S.E. i S.E. i .Section 18. N. 4 N.E. 4..Section 19. N.E. 4 S.W. 4 and N.W. J.Section 20. Containing 600 acres. Purchase price, $34,320.00. 47 FOURTH SUPPLEMENTAL MORTGAGE, 1896. gw"' 1896. Covers: In Huerfano County. In Township 29, Range 66: S.W. i S.E. J, S.W. i and E. J N.W. J and S.W. £ N.W. i .Section 21. In Township 27, Range 67: N.W. i N.E. £, and S.E. i N.W .\ .Section 17. In Garfield County. In Township 5, Range 91: S. £ S.E. i .Section 19. N.W. i N.W. i .Section 29. N.E. i N.E. J..Section 30, In Township 6, Range 91: Lot 4, S.W. i N.W. i, and W. £ S.W. i.Section 2. Containing 719.22 acres. Purchase price, $37,541.50. FIFTH SUPPLEMENTAL MORTGAGE, 1897. FUth^suppie- Covers: In Huerfano County. In Township 29, Range 66: S.E. £.Section 14. E. \ N.E. J. .Section 22. N.W. i of S.W. i, E. \ S.W. £ and E. \ .Section 23. Containing 680 acres. Purchase price, $28,900.00. SIXTH SUPPLEMENTAL MORTGAGE, 1898. sixth supple: ’ mental, 1898. Covers: In Routt County. In Township 12, Range 89: S.W. i S.E. i and S.E. £ S.W. £. N.W. £ N.E. £ and N.E. £ N.W £. . .. . Section 13. . .. . Section 24. 48 In Gunnison County. In Township 13, Range 86: N.W. i N.E. i .Section 17. N.E. 4 N.E. 4.Section 20. in Township 14, Range 86: Lots 4 and 5, S.W. 4 N.W. 4 and N.W. 4 S.W. 4 . . .Section 4. In Huerfano County. Section 23. Section 25. In Township 29, Range 66: s.w. 4 n.w. 4. N. i N.W. 4. In Saguache County. The following described Mi District, State of Colorado: Nero Lode; Caesar Lode; Cleopatra Lode; Othello Lode; Rooth Lode; Macbeth Lode; And I Containing 634.09 acres. L*al Properties in Blake Mining Hamlet Lode; Top Gallant Lode; Portia Lode; Trilby Lode; Mercutio Lode; Ephemeris Lode; rutus Lode. Purchase price, $34,884.00. 49 SEVENTH SUPPLEMENTAL MORTGAGE, 1899. Covers : In Las Animas County. In Township 83, Range 66 : S.E. \ S.E. \ . Section S.E. 4.Section E. \ S.W. i and S.W. J S.E. J.Section N.W. \ N.E. i and N.W. J ..Section S.W. 4 N.W. J and S.W. 4 [less 6.97 acres].Section E. 4 N.E. \ .Section N. \ S.W. \ and N.W. \ S.E. J.Section Containing 913.03 acres. Purchase price, $45,651.00. EIGHT SUPPLEMENTAL MORTGAGE, 1900. Covers: In Las Animas County. In Township 33, Range 66: S.E. \ and S.W. i and N. W. J.Section N.E. i and N.W. J and N.E. \ S.E. J .Section Containing 840 acres. Purchase price, $42,000.00. NINTH SUPPLEMENTAL MORTGAGE, 1901. Covers: In Las Animas County. In Township 33, Range 66: E. \ S.E. J and N.W. \ S.E. \ and W. \ S.W. J... Section S. 4 S.W. 4 • • ..Section N.E. 4 N.E. 4 and S. 4 N.E. \ and E. \ S.W. 4 and S.E. 4...Section Containing 640 acres. Purchase price, $38,400.00. • TENTH SUPPLEMENTAL MORTGAGE, 1902. Covers: In Las Animas County. In Township 33, Range 66: N. 4 S.W. 4, S.E. 4 S.W. 4 and W. \ S.E. 4.Section W. 4 N.E. 4, E. 4 S.E. 4, S.W. 4 S.E. 4 and S.E. 4 S.W. 4 Seventh sup¬ plemental, 1899. 21 22 23 26 27 28 25 Eight supple¬ mental, 1900. 24. 25. Ninth supple¬ mental, 1901.x 23. 25. 26. Tenth supple¬ mental, 1902. 21 . Section 28. 50 In Township 33, Range 67: N.E. J, E. £ N.W. i, S.W. \ N.W. \ and N.W. i S.W. i .Section 23. S.E. \ N.E. i and N. i S. E. i.Section 22. Containing 880 acres. Purchase price, $52,800.00. 51 ELEVENTH SUPPLEMENTAL MORTGAGE, 1903. Covers: In Las Animas County. In Township 33 S., Range 67 W.: S. y 2 of S. y 2 ..Section 17. N. i/ 2 , and E. % of S.E. %.Section 20. N.W. 1/4 of N.E. 1/4, S. 1/2 of N.E. %, N.E. 14 of N.W. S.E. 14 , and W. i / 2 of W. y 2 .Section 21. S.W. 1/4 of N.W. 1/4, and W. y 2 of S.W. %.Section 22. N.W. % of N.W. %.Section 27. N. 1/2 of N.E. 14 .Section 28. Containing 1,280 acres. Purchase price, $67,840.00. TWELFTH SUPPLEMENTAL MORTGAGE, 1905. Covers: In Iron County, Utah. The following described Mineral Properties, in Pinto Iron Mining District: Buckeye Lode; Boston Lode; Emma, Comstock and Sunbeam Lodes. Purchase price, $20,000.00. THIRTEENTH SUPPLEMENTAL MORTGAGE, 1906. Covers: In Iron County, Utah. The following described Mineral Property in Pinto Iron Mining District: Duncan No. 1 Lode. Purchase price, $30,000.00. U, OF ILL US. 52 FOURTEENTH SUPPLEMENTAL MORTGAGE, 1907. Covers: In Iron County, Utah. The following described Mineral Properties in Pinto Iron Mining District: Blowout Lode; Excelsior Lode; Chesapeake Lode. Purchase price, $57,500.00. FIFTEENTH SUPPLEMENTAL MORTGAGE, 1908. Covers: In Iron County, Utah. The following described Mineral Properties in Pinto Iron Mining District: Pot Metal Lode; Black Magnetic Lode. Purchase price, $56,000.00. • < \ ^ , .1 I