OF THE UNIVERSITY Of ILLINOIS -1 'f ITv f . ■ ; K ' ' ' ' ;#. h'‘ r., I • ' V ( fl '**■*'" ? % “i i i ■:’i '■ i /'■r Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/mortgagesuponmisOOmiss MORTGAGES UPON THE Missouri, Kansas and Texas Railway. TAGK. 1. Union Pacific Railway Company, Southern Branch, First Mort- gage, November 14, 1868. ....... 141 2. Tebo AND Neosho Railroad Company, First Mortgage, eliiiie 1, 1870 loO 3. Hannibal and Centkal Missouri Railroad Company, First Mort- gage, April 20, 1870. ........ 169 4. Hannibal and Central Missouri Railroad Company, Second Mortgage, Fel)ruarv 1, 1872. . . . . . . .177 5. Missouia, Kansas and Texas Railway Company, First Consoli- dated and Sinking Fund Mortgage, Fel)ruary 1, 1871. . . I'^r) 6. Missouri, Kansas and Texas Railway Company, Additional Mortgage, June 1, 1872. ....... 213 7. Missouri, Kansas and Texas Railway Company, Further Addi- tional Mortgage. — Fort Smith Branch — November 1, 1872. 233 8. Missouri, Kansas and Texas Railway Company, Further Addi- tional Mortgage, June 1, 1873. ...... 247) 9. Fast Line and Red River Railroad Company, First Mortgage, June 1, 1880. .......... 2')!) 10. Missouri, Kansas and Texas Railway Company, General (X)n- soLiDATED MORTGAGE, December 1, 1880. .... 279 11. Missouri, Kansas and Texas Railway Company, Income, Second Mortgage, April 1, 1876. . . . . . . .317 A IVPEN I) IX. \/ Boonville Railroad Bridge Company, First Mortgage, May 1, 1873. 347 UNION .PACIFIC RAILWAY COMPANY, SOUTHERN BRANCH. FIRST MORTGAGE, NOVEMBER 14, 1868. THIS INDENTURE, made at Junction City, Davis County, parties. State of Kansas, on the 14th day of November, A. D., 1868, between the Union Pacific Railway' Company', Southern Branch, a corporation duly and legally incorporated by and under the laws of the State of Kansas, parties of thetirst part, and Russell Sage and N. A. Cowdrey, both citizens of the City and County of New York, parties of the second part. Witiiessetli ; That AVhereas, the said Railway Company are Preamble, desirous of liuilding, equipjiing and operating a railroad from , Junction City, Davis County, Kansas, southerly, via Council Grove, Emporia, Burlington and Neosho Falls, to the State line : And AVliereas, in aid thereof, the Congress of the United Conj^ressional Land States have granted to the State of Kansas ten sections of r land, 640 acres each, for each mile of railroad built, as more fully apiieai’s by reference^ to the Act of Congress relating thereto : And AVlier<‘a.s, the State of Kansas has accei)ted said j^rant., , ,, , „ ^ I c Grant by State from Congress, and regranted the same to the party of the of Kansas, first'part, for the })urpose of aiding in the construction of said railroad : And Whereas, to carry into (dfect the desire of said Railroad " Conqiany to build, e(iui[) and opei*ate said railroad, it is neees- sary for them to borrow the sum of $1 , 201 ),()()(), and for that ^ })urpose, and in evidence thereof, to niakt; and issue bonds, in vT^sums of .$1,000 each in manner and formas herein below set ^ forth; and to secure the })ayment thereof, to mortgage their o entire property, real and [lersonal, and also [all] their franchises ^ ap[)licable to the railroad, between tlH‘ [loints above named ; to ^which end the said Railway Conqiany have* eonsented to make, ^ issue and lu'gotiate the sum ot‘ four millions, two hundred and Bonds for. $4, 250, 000. ( 1 11 ) 142 THE MISSOURI, KANSAS AND TEXAS RAILWAY. fifty thousand dollars, evidenced by bonds, as herein below set forth. Series of Bonds from AVhich bonds, now to bc issued hereunder, are numbered 1 to 1 to 4250. 4,250, all of which are duly and legally" made and delivered by said Union Pacifk^ Railway Company, Southern Branch, and are in the form following, viz. : UNITED STATES OF AAIERICA, STATE OF KANSAS. Form of Bond. UNION PACIFIC RAILWAY COMPANY, SOUTHERN BRANCH. No. $1,000. Six per cent — Gold — Principal and Interest. Default for Six Months. Redemption of Bond. Conversion of Bond into Stock. Additional Bonds for other Extensions, viz : to Fort Gibson, Fort Smith and Red River. Know all 3Ieii by these Presents, That the Union Pacific Railway Company, Southern Branch, are indebted to Russell Sage and N. A. Cowdrey, or bearer, in the sum of One Thou- sand Dollars, which they promise to pay to the bearer thereof, in the gold coin of the United States of America, on the first day of January, A. D., 1899, at their office or agency in the City of New A^ork with interest thereon from the first day of January, A. 1)., 18(39, at the rate of six per centum per annum, pa 3 \able semi-annually in said gold com, at their office or agency in the City of New A"ork, on the first day of January and July in each year, on the presentation and surrender of the annexed coupons as they severallj^ become due; and in case of the non-payment of interest for six months, then, without demand or notice, the principal of this bond shall become due and pay- able, in the manner and with the effect provided in the deed of trust given to secure the payment of this bond. The makers of this bond reserve the right to themselves and to their successors, to redeem or pay this bond at their option, upon giving the notice provided in the deed of trust, at one hun- dred and twent}^ per centum, and the accrued interest thereon. The holder of this bond is entitled, at any time within ten dav^s after any dividend shall be declared and become payable upon the capital stock, to convert the principal thereof into the stock of said Railway Company at par, receiving stock therefor dollar for dollar, ui)on the surrender of this bond with the un- paid coupons attached. This bond is one of a series amounting to $4, 250, ()()(), but in the event of said Railway Company extending their Railroad from the Kansas State line to Fort Gibson, and accpiiring the lands donated to aid in the construction thereof, then this issue of bonds may be increased |2, 250, ()()() ; and if extended tlu^ same as above from Fort Gibson to Fort Smith, tlum this issue' TIIK MISSOURI, KANSAS AND TEXAS RAILWAY. 143 of bonds may be increased ; and if extended from Fort Gibson to the Red River, the same as above, then this issue of bonds may be increased $4, 000, 000, all of which bonds are or are to be executed and delivered in conformity with the laws of Kansas, and the vote and resolution of the Board of Direc- tors of said Railway Company, the makers thereof. The bearer hereof is entitled to all the security derived from Bond secured by a mortgage or deed of trust of even date herewith, executed and delivered to Russell Sage and N. A. Cowdrey, Trustees, conveying the line of Railroad and its ecpiipment from Junc- tion City, Davis County, Kansas, southerly to the State line, about 170 miles; and also about 1,300,000 acres of land granted by Congress to aid in building said Railroad ; the pro- ceeds of the sales of said lands are to be a sinking fund for the payment of the principal and interest of said bonds. This bond shall not be valid or obligatory until it shall have Certification, been authenticated by a certificate indorsed hereon, duly signed by both Trustees, or their or his successor or successors, and is issued, received, and' held subject to the terms and con- ditions contained in said mortgage or trust deed. In Witness AVIierenf, the said Union Pacific Rail- way Company, Southern Branch have caused their eorporate name and seal to be hereto afiixed by their President and Secretary, on the 14th day of November, A. D., l^^bs. Union Pacific Railway (V)Mpany, Southern Bk’anch, By President. Secretary . { Printed on hack of Bond. ) $1,(M)0 Gold Bond, No. . UNION PACIFIC RAILWAY (^(DIPANY, SOUTHERN BRANCH. Indorsement on Bond. First mortgage on railroad at $1 <»,()()() per mile, and on or about 1,300, 000 acres of land. [Interest first of January and July.] SIX 1*ER CENT IN (iOLD. P.OND CONVERTIBLE INTO STOCK. Bonds receivable at par in iiayment for lands at minimum price. This is to Certify, that the within bond is included in Trustees’ Certificate, mortgage to us, datcal November 14th, A. D., 18bS, in trust 144 • THE MISSOURI, KANSAS AND TEXAS RAILWAY. to secure the payment of $4,250,000, purporting to be a first mortgage on about 1,300,000 acres of land, and a first mort- gage of $10,000 i)er mile on the line of Railroad from Junc- tion City, Davis County, Kansas, southerly to the Kansas State line, about 170 miles; and if the Railroad Company extend their road to Fort Gibson, about 90 miles, and acquire the lands donated by the United States to aid said extension, then the mortgage indebtedness may be increased $2,250,000 ; and if extended in the same way from Fort Gibson to Fort Smith, about 70 miles, then it may be increased $1,600,000; and if extended in the same way from Fort Gil)son to the Red River, about 160 miles, then it may be increased $4,000,000 ; for all which proposed extensions and increased indebtedness, morto^atres or trust deeds of further assurance, making the security as complete as possible, are to be given. And we Further Certify, that said mortgage is properly stamped with United States Internal Revenue Stamps, and that we have caused the same to be duly recorded according to the laws of Kansas. Trustees. Grant of Premises. Grant of Premises. Now, Therefore, the said Union Pacific Railway Com- pany, Southern Branch, for and in consideration of the premises, and of the sum of four millions, two hundred and fiftv thousand dollars received to the full satisfaction of said Trustees, and for the purpose and with the intent of securing the payment of all said bonds, with the interest due and to grow due thereon, in the manner following, that is to sa}^ six- t^een thousand dollars per mile of finished Railroad u})on the Railroad, its equipment and appurtenances hereinafter described, and the whole four million, two hundred and fifty thousand dollars iqion the lands donated by Congress to aid in building said Railroad hereinafter more particularly described — Hath granted, bargained, sold, conveyed, assigned, trans- ferred, and confirmed, and by these presiuits doth grant, bar- crain. sell, convey, assign, transfer, and confirm, to said Russell Sage and to N. A. Cowdrey, citizens of the City and State of New York, as Trustees, and in trust, and to the sur- vivor or survivors of them, and to their successors or successor, the entire corporate property of the said Railway Conqiany, and all its franchises and ])rivileg(‘S, constructed or to be lu're- after constructed, now held and acquired, or to lie hereafter THE MISSOURI, KANSAS AND TEXAS RAILWAY. 145 constructed and acquired, extending from Junction City , Road from Junction Davis County, State of Kansas, down the Valley of the Neosho to State Line. River, through the Counties of Davis, Morris, Lyon, Coffey, Woodson, Allen, Neosho, and Labette, to the State line between the Neosho River and the Western boundary of Labette County. Also, all the right of way and land occupied by said Rail- road, and appurtenances thereto belgnging, and all the lands acquired [and appertaining, or which may hereafter be acquired] and ap})ropriated for station-houses, depots, engine- houses, car-houses, warehouses, machine-shops, Avorkshops, superstructures, erections, and fixtures, together with all the appurtenances, rights, and privileges thereunto belonging, at any and all points on said road. Buildings, etc. And also, all and singular, the locomotives, tenders, pas- senger cars, freight cars, and eveiy and all other cars, car- riages, tools, machinery, wood, coal, and fuel, and equipments for said Raihvay, and now owned or which shall hereafter be owned by said Company. And also, all goods and chattels, wood, fuel, oil, or SLq)})lies now owned or which shall here- after be owned by said (’onn)any, and in any way relating or appertaining or belonging to or connected with said Railway, or the running or operating the same. And also, all rents, issues, income, tolls, [)rofits, currency, moneys, rights, bene- fits and advantages, derived or to be derived, had or received therefrom by sjiid Company in any way whatsoever. Rolling Stock, etc. Income, etc. And also, free and clear from all incumbrances, all the lands Land Grants, and claims to lands which were granted to the State of Kansas by the Act of Congress aforesaid, and then granted by said State to said Railway Company, or which shall hereafter be donated or granted by, or in any other manner acapiired from the United States, or from or through the State of Kansas, to jiid in building the railroad of said Railway Conq)any, or any part of it; and any such lands not re(piired for use by the Railroad for their traffic, to which said Railway Company are or shall hereaftei’ be entitled, shall be si)ecially set aside and appropriated to the })urposes of this mortgage, together with all and singular the emoluments, income, aiid advantages, tene- ments, hereditaments, and api)urtenanc(*s th(‘reunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and jirofits thereof. And also all the estate, right, title, interest, proiierty, claim, 146 THE MLSSOURE KANSAS AND TEXAS RAILWAY. How in Case of Ex- tensions hereafter. To have and to hold. Trusts declared. Possession to remain with Company, until, etc. Lands may be sold, how. and demand whatsoever, in law or in equity, of the said parties of the tirst part, of, in, and to the same, and each and every part and parcel thereof, with the appurtenances. It is Mutually Agreed by and between the parties hereto, that in the event of said Company extending their railroad as hereinafter set forth, then they reserve to themselves the right to reserve from this mortgage such j^ro rata of the income, equipment, and supplies of said railroad as the length in miles of new extension bears to the distance in miles from Junction City to the State line. To Have and to Hold the above o^ranted and bargained premises, with the appurtenances thereof, unto the said Trustees, and to the survivors and survivor of them, and to their and his successors and successor, and their and his assigns: In Trust, and upon the trust, uses, and purposes hereinafter expressed, of and concerning the same, for the use and benefit of the person or persons, firm or firms, bodies politic or corporate, who shall hereafter, at any time, become the purchasers or holders, owners, or bearers, of any or either of said bonds, subject to the terms, provisions, and stipula- tions in said bonds contained, and also subject to the posses- sion and management of said railroad and property by said Railway Company, and its successors and assigns, so long as no default shall be made in the payment of either interest or principal of said bonds, or in any or either of them, or in pay- ment of the amount of money as hereinafter provided for the sinking fund, and so long as the said Railway Company shall well and truly observe, keep, and perform all and singular the covenants, agreements, conditions, and stipulations in said bonds, and in this indenture contained and set forth, and which are to be observed, kept, and performed l)y and on the part of said Railway Company. It is Further Agreed, that said Railway Company, with the consent in writing of said Trustees, or their or his successor or successors, may sell and convey any lands herein mortgaged, and not necessary or required to be retained for the conven- ience and use of the Company ; and that the proceeds of said sales, whenever they amount to the sum of one thousand dollars, shall be applied to the purchase and cancellation of one or more of said mortgage bonds, or of some claims which are or may be a prior lien upon the premises mortgaged. And said Trustees shall then be authorized to release the premises sold THE MISSOUKl, KANSAS AND TEXAS RAILWAY. 147 from this mortgage; in lieu of purchasing and cancelling said bonds, the proceeds of said sale mav be invested, under the ’ ^ ^ ^ how. sanction and with the approval of said Trustees, in the pur- chase of other property, real or personal, required for use by said Railway Company, which shall be embraced in and covered bv this mort^ao^e. It is Mutually Agreed by and between the parties hei’eto , “Fin- that the words “finished railroad,” as herein used, shall ished Railroad.” mean a railroad so far finished as to be in actual operation for carrying persons and property over the same. And this Indenture further Witnesseth, that the said Rail- Schedules of Lands fox* T?rtist00s way Company doth hereby covenant, promise and agree to and with the said parties of the second part, that the said party of the first part will, with all reasonable dispatch, make and deliver to the said parties of the second part, true and ac- curate list, schedules and maps, showing the numbers, precise quantity of lands, location, position, and boundaries of each and every piece, parcel, section, or parts of sections of the afore- said lands, not required for the necessary or convenient oi)era- tion of the Railroad of the party of the first part, and also list and schedules showing the minimum valuation and })rices at which the respective pieces, parcels, sections, or parts of sec- tions of said lands ma}^ be sold and conveyed, as hereinafter provided, which shall be api)roved by the Board of Directoi’s, Appmlsil^nven^o^^^ and signed by the President and Secretary of the party of the first part, and also ai)i)roved and signed by the parties of the second part. But it is understood and agreed by and betAveen the i)arties hereto, that the said })arty of the first part, by and Avith the consent and approval in writing of the })arties of the second part, or of the survivors of them, or of their successor, or successors, may, at any time not oftener than once in each Revaluation of year from the date of the last ap})roval by the parties of second j)art, revalue all of said land not then sold, and reafiix to each parcel or section of the then unsold lands a new minimum price, and u[)on the a})proval of the said i)arties of the second part of such ucav valuation or minimum prices, the same shall thereafter become binding upon all the parties hereto. And it i.s further Agreed, that whenever the said Ihiilway Com[)any shall, from time to time, certify to said Trustees w Purchasers that it has sold or contracted for the sale of any sections, })arcel, or parcels of said lands, at a sum not less than the minimum price thereof , fixed for the same in the manner aforesaid, the 148 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Lands may be sold on Credit. said Trustees, or the survivor, or survivors of them, or their successors or successor, shall and will join with the said Com- pany in duly executing a deed or contract sufficient in law to convey to the purchaser, his‘heirs or assigns, all the right, title, interest, property, possession, claim, demand, and estate, of both the parties to this indenture, in and to the parcel or sec- tion of land so sold. And the said parties of the second part shall and will deliver such deed or contract to such purchaser, upon receiving from him the whole price of such parcel or section of land, either in cash or in the mortgage bonds hereby secured, at the par value thereof, or partly in cash and partly in said Bonds ; or if such land be sold u})on credit, then upon receiving from such purchaser such portion of the said price as shall be agreed to be paid in cash (which shall not be less than ten per cent, of the whole price), together with a bond for the residue of the purchase-mone}^ secured by mortgage upon the land thus sold, executed by the purchaser to said parties of the second part in due form, to secure to them the payment of the residue, with interest thereon at the rate of not less than three per cent, per annum, payable semi-annually or annually, and every such bond and mortgage shall contain a provision — to the effect that in case the interest thereon shall remain in Payment oT Pur^^^ aiTear and unpaid for six months after the same shall become due, then the whole amount of the principal sum mentioned therein shall thereupon, immediately after the expiration of said six months, become due and payable ; and every such mortgage shall also contain a personal obligation on the part of the purchaser and mortgager to pay the principal and inter- est thereby secured, at the times and according to the terms, tenor and lesfal effect of said bond therein mentioned. The deeds [so] to be given shall bear even date with the bonds and mortgages so to be executed, and shall specify the actual and true amount of the whole consideration money or price, and the manner in which the same has been paid or secured ; every sueh bond and mortgage shall be held by said Trustees for the purpose of the trusts herein declared, and as part of the trust estate, and as security for the bonds this mortgage is given to secure. chase Price. Bonds hereunder And it is further Agreed, tliat the consideration money on receivable for Lands, sales of land may be paid either in whole or in i)art by delivering to said parties of the second part to be cancelled, one or more of the bonds secured by this mortgage at their par value ; and payments ujion any bonds and mortgages so THE MISSOUIH, KANSAS AND TEXAS RAILWAY. 149 received by isaid parties of the second i)art, cither for princi- pal or interest, may be made by delivering to said {)arties of the second part, to be cancelled, one or more of the bonds secured by this mortgage, at their par value. And it is further Agreed, that the holders of any of the Bondholders may bonds or past-due coupons thereof, secured by this ^^^^Hgage, shall have the right and privilege of purchasing any of said lands not required by the Company for the necessary or con- venient operation of their Railroad at the then minimum price fixed by said Company and approved by said Trustees, and to pay therefor in said bonds or coupons secured hy this mort- gage, at their par value. And the [said] Company further Covenant and Agree, Proceeds of Sale of to and with the said Trustees, their or his successors or sue- ^ cessor, in the trust created by this deed, that for the further security and ultimate redemption of the bonds secured by this mortgage, all moneys and bonds and mortgages, and the pro- ceeds and avails of all such bonds and mortirages, which may be received by said Trustees, and the survivors or survivor of them, or theii* successors or successor, as proceeds of the aforesaid lands, or otherwise, under the trust herein declared, shall constitute a sinkiiiir fund for the redemi)tion and i)ay-.,. , merit of the bonds issued by s:iid Railway Company and secured by this mortgage. And it is Mutually Agreed, that said Trustees shall, inline- , , . . . . Redemption of Bonds diately after any payment in money is made them, deposit tlie by Sinking Fund. amount in the United States Trust Company of the City of New York, or some other good and safe place of deiiosit in the City of New York. Whenever, from time to tiiinq there shall be any" money so on dciiosit, said [larties of the second part may, in their discretion, apjily the same to the imrchase or redemption of so many'' of the aforesaid mortgage bonds as such money's shall, from time to tiiinq bi^ adcapiate to redeem, at their market value in the Cit y of New York ; provided such market value shall not exceed one hundred and twenty" jier centum, exclusive of accrued interest. And whenever said moneys so on dejiosit, or in the hands of the said parties of the s(‘Cond part, shall amount to the sum of twenty thousand dollars, it shall then be the imperative duty of the said [larties of the second part to ap[)ly" the same to th(‘ redenqition of so much of said mortgage bonds as such sinking fund is ade- (juate to redeem and pay". 150 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Trustees to designate by Lot Bonds for Redemption. Notice of Bonds called in. In tlie Event, of said Trustees not being able to purchase said bonds at a price not exceeding one hundred and twenty per cent., exclusive of accrued interest, they shall, so often as they have lifty thousand dollars or more in their hands, applic- able to the payment of bonds secured by this mortgage, with- out delay, designate by lot so many of said bonds as they have money to pay, to which the money received by them shall be applied in payment, at the rate of one hundred and twenty per centum and accrued interest. The Trustees shall orive notice of the numbers designated. If the owner or holder of the bonds designated for payment is known to them, a personal notice shall be sufficient ; if they do not know the owners or holders of said bonds so designated, then said Trustees shall o^ive notice of the numbers of the bonds so desis^nated, in two or more of the daily newspapers printed in the City of New York, and shall continue said notice at least once in each week until the first day of the succeeding April or October, when the interest on the bonds so designated shall cease, and neither the Company nor their successors shall be any longer liable for the payment of the principal or interest thereof, and the premises embraced in this mortgage shall thereafter be dis- charged from so much of the lien hereby imposed thereon as the bonds amount to thus designated for payment. Cancellation of And it is further Mutually Agreed, that the said Trustees redeemed Bonds. shall and will cancel and discharge each and every of the bonds secured by this mortgage, with all the interest warrants annexed thereto, or accompanying the same, which they shall pay, purchase, or redeem as aforesaid, or which they may receive in any payment for land as aforesaid ; and that they will make, or cause to be made, upon each bond a brief note or memorandum, stating how, when, and for what considera- tion the same was cancelled, from whom the said mortgage bond was received, and in such manner and formas will enable the said Company to trace the transaction. Registry of redeemed ^he said Trustees shall immediately return so many bonds Bonds. {|g are paid by them to the Company cancelled; and both the Company and said Trustees shall keep a proper registry and account of all the bonds paid by them, or designated to be paid as aforesaid, which registry or account shall be open for the examination and the inspection of any parties in interest, at all reasonable times; and the number or amount of said bonds cancelled shall be i-eported by said Com[)any to the THE MISSOURI, KANSAS AND TEXAS RAILWAY. 151 stockholders of said Company, in each annual statement of the Company made to the stockholders. And it is further Mutually Agreed, that the PJW»ient and cancellation of said mortgao'e bonds shall not relieve the to satisfy Lien of • ^ ^ Mortffajr©. mortgage lien of $16,000 per mile upon the railroad, until after said mortgage lien shall have become completely extin- guished upon said lands — that is to say, the proceeds of the sales of lands shall first be applied to extinguish the mortgage liens upon the lands, and the mortgage upon the railroad shall remain at $16,000 per mile until the lands are all sold, and the proceeds applied to extinguish the lien of said mortgage bonds upon said land. It is Mutually Agreed by and between the parties hereto, of Title to that in the event of a conflict of claims to the title to anv of^»^^be<^'veen Pre- . ‘ emptors and Com- the above described lands, on the part of pre-emptors, or other pany. claimants or actual settlers thereon, the said Railway Com- pany and the said Trustees shall have })ower to amicably com- promise, settle, and adjust said claims, on such terms [as said Trustees shall approve. And it is also Mutually Agreed by and between the par- ties hereto, that in the event of said Railway Conpiany desir- ing to extend their railroad from the Kansas State line southerly to Fort Gibson, about ninety (!M)) miles, and said Tiaistees, or their successors, being of the opinion that by so doing the Railway Company will accpiire a good and valid claim for lands granted by Congress to aid in building said (‘xtcmded road, and said Railway Comjiany making such projier and suitable sup- plemental deeds as the said Trustees shall l)e advised by coun- sel, learned in the law, to be necessary and })ro})er for the further and better security for the payment of said mortgage bonds, then and thereu})on, and for the pur})ose of construct- ing and equipping said extended road, said Railway Com[)any' may increase the amount of bonds secured by this mortgage two million, two hundred and fifty thousand ($2,250,000) dollars; and in the same manner, if they desire to extend said railroad from Fort Gibson to Fort Smith, about sixtv-tive ( 65) miles, then the bonds secured by this mortgage maybe increased one million, six hundred thousand ($1,600,000) dollars; and in the same manner, if they desire to extend said railroad from Fort Gibson to the Red Rivei’, about one hundred and sixty (160) miles, at Ji suitabh' point to connect with a line of railroad running southerly to Galveston or Houston, then Authority to extend Koiid to Ft. Gibson, 1)0 Miles, and in- crease Mortgage l>ebt. Extension from Ft. (xibson to Ft. Smith, 05 Miles. Extension from Ft. Gibson to Red River, 100 Miles. 152 THE MISSOURI, KANSAS AND TEXAS RAILWAY. the bonds secured by this mortgage may be increased four million ($4,000,000) dollars. Interest, Six per cent. And the said Company do hereby Covenant, promise, and agree, for itself, its successors and assigns, to and with the said Trustees, the survivor and survivors of them, and their and his successors, that the said Company will well and truly pay each and every of said bonds issued by them, and secured by this mortgage, together with the semi-annual interest to become due thereon, at the rate of six per cent, per annum, at the times, in the manner, and at the place specified therein. Default continued And that in case said Company shall, for the space of six for Six Months. months, make default in the payment of said semi-annual interest to become due upon any, either, or the whole of said mortgage bonds, then, after the expiration of six months from the time it became due, and without demand or notice, at the election or option of a majority of the holders of said bonds, the whole principal sum mentioned in each and all of said mort- gage bonds then outstanding, shall forthwith become due and payable, and the lien or incumbrance hereby created for the security and payment thereof, may at once be ‘enforced. ^ , And it is Agreed, ill Case of the Default of the payment of Trustees may enter ^ ^ ^ . into Possession. the semi-aniiual interest as above provided, that said Trustees, and the survivor or successors of them, are hereby expressly authorized and empowered, upon the request in writing of a majority in interest of the owners or holders of said bonds, to enter into and upon, and to take actual possession of all the property, real and personal, and rights, franchises, and privi- leges of the premises hereby conveyed, and each and every part thereof, and by themselves, or by their attorneys or agents, have, hold, use, and enjoy the same, and from time to time to make all repairs and replacements, and all useful altera- tions, additions, and improvements thereto, as fully as the parties of the first part might have done before such entry; and to collect and receive all tolls, freight, incomes, rents, issues, and profits of the same, and of every part thereof. And the said Trustees, and the survivors and survivor of them, and their successors and successor, shall and may, and hereby Power of Sale expressly authorized and empowered to sell at public auc- tion to the highest bidder, the entire pro})erty, real and per- sonal, rights, franchises, and privileges herein conveyed. Said sale shall be either in Junction City, Davis County, or the City of New York ; at least three months’ notice shall be given Notice of Sale. TIIK ]M1SS0URI, KANSAS AND TEXAS RAILWAY 153 of the time, place, and terms of said sale, by advertising the same in one or more newspapers of good circulation in each of the Cities of St. Louis and New York, and wherever else required by law, and continuing such advertisement at least once a week until the time of sale; and they may, at their dis- cretion, adjourn said sale from time to time, giving reasonable notice of the time and place where it will take place. And as the attorney or attorneys in fact of the said Company, or their successors, shall have full power and authority to make, exe- cute, and deliver to the purchaser or purchasers thereof, good, valid, and sufficient deed or deeds, conveyance or conveyances, Trustees’ Deed, assignments or transfers, in fee simple or otherwise, of the entire property herein conveyed, and all the rights, franchises, and privileges of the Company or its successors ; which con- veyance or conveyances, transfer or deeds, shall vest in the purchaser or i)urchasers all the right, title, interest, and estate whatsoever, reversionary or in possession, or which they may be entitled to receive, have, or hold of the said Company ; and said sale shall be a complete and perpetual bar, or estoppel, both in law and in equity, against said Company, its succes- sors and assigns, and all })ersons or parties claiming lyv, from, or under it or them, in anywise or manner whatsoever. .Vnd the said Company hereby covenant and agree to waive, and Waiver of certain cxi)ressly covenant and agree, tluit neither the Company nor^^'^®' their successors shall have or claim any advantage of any valu- ation, api)raiscment, or extension q/’ laws. The Amount ol' the Piirchase-3Ion<*y on said sale may be Bonds receivable as paid and satisfied, in whole* or in i)art, by the outstanding mortgage bonds, or any of them, secured h(*reby, and said bonds shall be received in whole or ini)art payment and satisfac- tion q/*[by] tin* said Trustees, their survivors or survivor, suc- cessors or successor, according to th(‘ir value, to be asceidained and determined by the net amount arising from said sale. And out of the Moneys Received fi-om said tolls, freights, rroceeds of Sale- incomes, rents, profits, and earnings of said railroad divided, premises, or out of or from the })roceeds of said sale, so to be made as afor(*said, after first deducting the exjjcnses, disburse- ments, costs, charges, and counsel fees incurred in and about the conducting of said sale, or [in] the working and npeniiig [o})erating] said railroad, including the compensation and com- mission of said Trustees in and about the execution of this trust, and all expenses of rei)airs, replacements, alterations, additions. 154 THP] MISSOURI, KANSAS AND TEXAS RAILWAY. and iinproveiiients, and all })ayinents for taxes, assessments,, charges, or ]iens on said i)reinises, or any part thereof; the said Trustees shall, if the amount received be sufficient for that purpose, pay said mortgage bonds or so many of them as shall be then outstanding and unpaid, together with all interests then due upon the same; and if the amount be insufficient, then to divide the same pro rata among the outstanding bonds, and the surplus of all such moneys or proceeds of sale, if any there be, shall be paid to said Company, or their successors or assigns. Trustees may pur- And it is further Covenanted and Agreed, by and between chase at Sale. parties hereto, that in case of any judicial foreclosure sale, or other sale of the premises embraced in this mortgage, under the decree of any Court having jurisdiction thereof, based upon the foreclosure of this mortgage, and the holders of a majority of the then outstanding bonds, secured by this mort- gage, shall, in writing, request the said Trustees, they, or his survivors or survivor, successors or successor, they are, or he is, authorized to })urchase the premises embraced herein, for the use and benefit of the holders of the then outstanding bonds secured by this mortgage. Eeorganizaiion of And that having SO purchased said premises, the right and Company. thereto shall vest in said Trustee or Trustees, and no bondholder shall have any claim upon the premises or to the proceeds thereof, except for his pi^o rata share of the proceeds of said purchased premises, as represented in a new company or corporation to be formed for the use and benefit of the holders of the bonds secured hereby. And that said Trustees or their successors or successor, survivors or survivor, may take such lawful means as he or they deem for the interest of said bondholders, to organize a new company or corporation for the benefit of the holders of the bonds secured by this mortgage; said new coni])any or corporation shall be organ- ized upon such terms, conditions, and limitations, and in such manner as the holders of a majority of said outstanding bonds, secured by this moifga^re, shall in writing request or direct; and said Trustees so })urchasing shall thereupon reconvey the the premises so ])urchased by him oi* them to said new com- pany or corporation. ^ ^ AihI it is fiirtlier Agreed, that the said Trustees, his or Trustees’ Agents, ^ ^ > Attorneys, etc. their survivor, succ(;ssors or successor, may appoint and employ, Jit the expense of tln^ said trust estatiq all such attor- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 155 iicys, counsellors, clerks, book-keepers, engineers, or other agents, as may be reasonably necessary in the execution of any of the trusts herein or hereby declared, and shall not be answerable for the defaults, or other misconduct or neglect of such attorneys, counsellors, clerks, book-keepers, engineers, or other agents, unless chargeable with culpable negligence in their selections ; and further, that neither of said Trustees shall be answerable for the acts, omissions, or defaults of his associate, nor shall either of them, or their survivor, successor or successors, be responsible for any thing short of orross ne"lio:ence or willful frauds in the discharge of his duties. And it is further 3Iutually Agreed by all parties hereto, that the said Trustees, their or his successors or successor, survivors or survivor, shall receive from said Company, for his or their services in the acceptance of this trust, and the signing and delivery of the $4,250,000 bonds issued hereunder, four bonds of $1,000 each, and for siizniim and deliverinjx the $2,250,000 of bonds above named, two bonds of $1,000; and for the $1,000,000, two bonds of $1,000; and for the $4,000,000, four bonds of $1,000 each. And for any further services hereunder, he or they shall receive as follows, viz. : Eor services under any foreclosure proc(^eding to foreclose this mortgage, the sum of one per centum on the par amount of the bonds to be s(‘cured by this mortgage, then outstanding, (‘xclusive of all cash disburse- ments. For services in selling and conveying the lands h(‘rein described, and a})})lying the [iroceeds to the Sinking Fund, as herein provided, the sum of two jier C(*ntum tin the })ar amount of the bonds cancelled in that manner — exclusive of all cash disbursements. 44ie above commissions to be in full payment of both 'rrustees, and to be capially divided lietween them. Compensation of Trustees, continued. And it is fiirtlier 3Iiitiiall3' Agreed, that said trustees, his or their succi^ssors or successor, survivor or survivors, may be removed from the otlice of Trustees or Trust(‘e hereunder, by a vote of a majority in interest of th(‘ holders of said bonds, at any meeting calhal for that [uirpose. Removal of Trustees. And also, tluit said 'rrustecs or Trustee, his or their sue- ,>„ • .. , . I w J ^ n kancii, have caused this indenture to be subscribed in its corporate name by its President and Secretary, and have caused its corporate seal to be hereto affixed. Union Pacific Railway Company, Soctiiebn Rpancii, P>y d. 1>. Dickinson, President . (iFO. C. Clauk, Seeretaru . Witness: dhios. Sadlkk, 11 A\hill St. THE MISSOURI, KANSAS AND TEXAS RAILWAY. State of New York, City and County of New York, Be it remembered, that on this twenty-second day of January, A. D., one thousand eight hundred and sixty-nine, before me, the subscriber, Thos. Sadler, a commissioner in and for the State of New York, appointed by the Governor of the State of Kansas, to take proof and acknowledgment of deeds, mortgages, or any other instrument to be used or recorded in the said State of Kansas, personally appeared John B. Dickinson and George C. Clark, who are personally known to me to be the identical persons whose names are affixed to the foregoing indenture as respectively President and Sec- retary and acknowledged the same to be the voluntary act and deed of said Union Pacific Railway Company, Southern Branch, and each being by me duly sworn, deposes and says, each for himself, that he, John B. Dickinson, is President, and that he, George C. Clark, is Secretary of said Railway Com- pany ; that they signed the foregoing instrument as such President and Secretary, and caused the corporate seal of said Company to be affixed hereto, all as the act and deed of said Company, by order and authority of said Company, for the uses and purposes therein mentioned. Ill Testimony Whereof, I have hereunto set my hand and affixed my official seal, in the City of fSEAIi^ New York, on the day and year above written. Thos. Sadler, Commissioner for the State of Kansas, 11 Wall St., New York. [The original of the foregoing instrument was tiled for record in the office of the Register of Deeds for the County of Labette, State of Kansas, May 21, 18()9, and is recorded in said office in Book “A” for the record of deeds, at page 180 and following. The foregoing is an accurate copy of the mortgage as there recorded.] TEBO AND NEOSHO RAILROAD COMPANY. FIRST MORTGAGE, JUNE I, 1870. THIS INDENTURE, made at the City of New York, State of New York, on the first day of June, A. D., 1870, between the Tebo and Neosho Railboad Company, a corporation duly organized and incorporated under the laws of the State of Missouri, party of the first part, and the Union Trust Com- PANY, of the City of New York, party of the second part, AVit- iiessetli : That Whereas, the said Railroad Coni})any is desirous of tor Construc- . . , . . • • T -1 tion from Sedalia building, equipping, and operating the })ortion of its Railroad southwest to State running from Sedalia, in Pettis County, State of ^Missouri, Miles, southwesterly to the westerly boundary of said State, a dis- tance of about one hundred miles, and for that jmrpose pro- poses to borrow the sum of two millions (>f dollars, and in evidence thereof to make and issue bonds in sums of one thou- sand dollars each, in manner and form as herein below set forth, and to secure the payment of said bonds, to mortgage its entire j)ro[)erty, and also all its franchises belonging and ajipli- cable to the said jiortion of its Railroad between the jioints above named. Which bonds so to be* issued are numbered from one to two thousand, both inclusive, and are in the form following, viz : — United States of America, State of Missofri. Tebo and Neosho Railroad Co.mpany of ^Missouri. , Form of Bond. Firnf Mortcfuge, Seven 2)er Cent. Gold Bond. No. $1,000. Know all Men by these Presents, that the Tebo and Neosho RA iijiOAD Company is indebted to the Union Trust Company, ( ) 1()0 . THE IMISSOUKI, KANSAS AND TEXAS RAILWAY. Seven per cent. — Gold — Principal and Interest. Default continued for Six Months. of the City of New York, or bearer, in the sum of one thou- sand dollars, in gold coin of the United States, which the said Company promises to pay to the bearer hereof, on the first day of June, A. D., 1903, in the City of New York, with interest thereon from the date hereof, ;it the rate of seven per cent, per annum, payable in gold coin aforesaid, semi-annually, at the City of New York, at their office or agency, on the first days of June and December in each year, upon the presenta- tion and surrender of the coupons hereto attached as they sev- erally become due; and in case of the non-payment of any half-yearly installment of interest which shall have become due and been demanded, and such default shall have continued six months after demand, the principal of this bond shall become due, in the manner and with the effect provided for in the trust deed or mortgage hereinafter mentioned. Series of 2000 Bonds. Secured by Mortgage upon Road from Sedalia to State Line, 100 Miles. Sinking Fund. Redemption of Bonds. This bond is one of a series numbered consecutively from one to two thousand, both inclusive, each for the sum of one thousand dollars, amounting in the aggregate to the sum of two millions of dollars, all of which are of like tenor, date and effect, and are equally secured by a trust deed or mortgage, dated the first day of June, A. D., 1870, duly executed and recorded in the proper office in the State of Missouri, and con- veying to the said Union Trust Company of the City of New York, in trust, that portion of the road of said Company, now or hereafter to be constructed, from Sedalia, Pettis County, State of Missouri, to the western boundary of said State, a distance of about one hundred miles, too:ether with all and singular the equipments, appurtenances, and franchises in said trust deed or mortgage mentioned, as by reference thereto will more fully appear. This bond is entitled to the benefit of a sinking fund, created by said trust deed or mortgage, to consist of annual deposits, commencing after three years from the date hereof, of one per cent, and interest thereon at the rate of seven per cent, per annum in gold coin aforesaid, of the aggregate principal of the bonds secured by the said trust deed or mortgage; by the operation of which fund, the whole principal of said bonds will be redeemed in thirty years, from the date of the first annual deposit, and it is also jirovidedin and by said trust deed or mortgage, that each and every year after said third year an amount of bonds equal to the aceumulations in said sinking fund shall be designated for redemption by lot, and shall be redeemed at the })ar value thereof, due notice of the number THE MISSOURI, KANSAS AND TEXAS RAILWAY. 1(51 so designated Iiaving been })revioiisly pnblislied in two or more of the daily newspapers printed in the City of New York ; for sixty days, at the expiration of which, interest on the bonds so desio’iiated shall cease. This bond shall not become obligatory until it shall have Qe^tification. been authenticated by a certiticate indorsed thereon duly signed by the Trustee aforesaid. Ill Witness Wliereof , the said Tebo and Neosho Rail- road Co:mpany has caused its corporate name and seal to be hereto affixed by its President and Secretary, the first day of June, A. D., 1870. Xow, Therefore, the said Tebo and Neosho Railroad Com- T his Indenture PANY, for and in consideration of the premises and of the sunD®*^'®^®' of one dollar to it duly i)aid by the i)arty hereto of the second part, and in order to secure the })ayment of the principal and interest of the said bonds, according to the tenor thereof, hath granted, bargained, sold, transferred, and conveyed, and by these presents doth grant, l)argain, sell, transfer, and convey unto the said party of the second part, its lawfnl successors in the trust hereby created, and assigns : All and Singular the said portion of the Railroad of the said Road from Sedalia party of the first part, or which the said party of the first l)art is by law authorized to construct from Sedalia, in Pettis County, State of Missouri, to the western boundary of said State, as the same is or hereaft(;r shall be considered [constriudcul,] a distance of about one hundred miles, together with all lands, tenements, and hereditaments ac(]uired, or to b(‘ ac(iuired, for rights of way for the said portion of railroad hereby conveyed, and all the appurtenances thereto belonging, and also all lands ac(piired and a})pro})riat(5d, or to be acapiired or ap})ro})riated for dei)ots, snperstriictnres, buildings, erections, and fixtures on the said line of railroad, and all tracks, bridges, viaducts. Buildings, etc. culverts, fences, and all houses and buildings tlu'reon or apper- taining thereto, and all other pro})erty real or personal now owned or hereafter to be acejuired by the party of the first part, its successors or assigns, for the construction, operation or management of said line of railroad, including all locomotives, tenders, cars, and other rolling stock and e(|nii)ments, machin- Koiiing Stock, etc. ery, tools, materials, and also all the fninchises, })owers, rights, and privileges belonging or a])plicable to said portion of railroad between the points above named, now owned or i)ossessed, or 162 THE MISSOURI, KANSAS AND TEXAS RAILWAY. To have and to hold. Trusts declared. Possession to remain with Railway Com- pany, until, etc. Taxes, etc., paid. Default continued for Six Months. which may hereafter be by said party of the first part acquired, for the construction, maintenance, and operation of said por- tion of railroad. To Have and to Hold the above mentioned and described premises, rights, franchises, railroad, real and personal prop- erty unto the said party of the second part, its successors in this relation, and assigns. In Trust for the several persons, firms, bodies politic or corporate, who may hereafter become the purchasers, owners or bearers of any or either of said bonds, subject to the terms, provisions, and stipulations in said bonds contained, and also subject to the possession and management of said railroad and property by said Railroad Company, and its successors and assigns, so long as no default shall be made in the payment of either interest or principal of said bonds or any or either of them, or in payment of the amount of money as hereinafter provided for the sinking fund, and so long as the said Railroad Company shall well and truly perform all and singular the con- ditions and stipulations of the said bonds, and observe and keep all the covenants in this Indenture contained and set forth, and which are to be observed, kept, and performed by and on the part of the said Railroad Company. And this Indenture Further Witnesseth, that the said party of the first part doth hereby covenant, promise, and agree with the said party of the second part as follows: — First. — The Party of the First Part will pay, or cause to be paid, the bonds herein mentioned, and the interest thereon, according to the terms thereof, and all taxes, levies, and assessments imposed and assessed, or which may hereafter be imposed and assessed upon the premises, franchises, and property hereby conveyed or intended so to be, and also the United States Government tax upon the“ interest payable on said bonds and each of them, and represented by the coupons annexed to said bonds, and will, at its own cost and expense, do, or cause to be done, all things necessary to preserve and kee}) valid and intact the lien or incumbrance hereby created. Second. — In Case Default shall be made for six months in the payment of any interest upon either of said bonds, when the same shall become due and payable, or in the payment of either of the annual deposits hereinafter provided to be made for the sinking fund, the whole principal sum mentioned in each THE MISSOURI, KANSAS AND TEXAS RAILWAY. lf)3 and all of said bonds then outstanding shall, without demand or notice, at the option of the majority of the holders of said bonds, forthwith become due and payable, and the lien or incumbrance hereby created for the security and payment of said bonds, may be at once enforced. And in such case it shall be lawful for the said l)arty of the second part or its sue- may enter, cessors in office, to enter upon all and singular the railroad property and premises hereby conveyed or intended to be con- veyed, and to have, hold, use, and operate the same until the same shall have been sold or otherwise disposed of in pursu- ance of the power hereinafter mentioned, or by virtue of the decree of some court of competent jurisdiction, and until such time, and from time to time, to make all needful repairs and replacements, and such useful alterations, additions, and improvements to said railroad as may be necessary for the proper working of the same, and to receive the tolls, freight, income, rents, issues, and })rofits thereof, and after deducting the expenses of operating and managing the said railroad and other property, and of the said repairs, re[)lacements, addi- tions, and improvements as well as just comi)ensation for its .... Expenses of this own services, and for the services or such attorneys and conn- Trust. sel as may have been by it employed, to apply the moneys ac- cruing as aforesaid to the payment of the said bonds, rata ^ and without disci’iniination or })refer(mce, and thereafter to pay over any sui-plus to the said })arty of the first part, its sue- cessors or assigns, or as any court of com})etent jurisdiction shall order, and to restore the said railroad and other pro})- erty to the said party of the first ])art. Tiiiui). — III Case Default shall 1 h‘ made, and continue,. , Default continued. as aforesaid, the iiarty of the second part or its successors in this trust, may, and upon the written recjuest of the hohhu-s of at least five hundrcal of such bonds then outstanding:, shall foreclose this mortijai^e bv higal proceedings, oi- sell, or (‘{luse Lej^nl • 1^1 * 1 T- I • 1 Proceedin<;s upon to be sold, the said Railroad, franchises, and [iroperty, real and iioquest of Holders })ersonal, hereby conveyed or intended so to bi‘, and all bene-^^ lionds. tit and eipiity of redemption of the party of the first part, in and to the same and every ])art thereof, with the benefit of the franchisi^s aforesaid, which said last-mentioned sale shall lx; at public auction at the City of New York, or at Sedalia, Pettis County, State of Missouri, on previous notice of the time and Notice of Sale. place of such sale, by advertisement, })ublished not l(;ss than three times a week for ten weeks, in at least two news})a})ers of 164 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Trustees’ Deed. Expenses of this Trust. Proceeds of Sale. Surplus. Trustee may pur- chase, when. lleorcjanization of Company. geiienil circulation, publislied in the City of New York, and two in Sedalia, Pettis County, State of Missouri, aforesaid, and in such other places as may be re(iuired by law, and in such case said party of the second part, and its successors in this trust, shall make and deliver to the purchasers of the said premises, good and sufficient deeds of conveyance for the same in fee simple, and said sale and conveyance shall be a perpet- ual bar both in law and equity, against the party of the first })art, its successors and assigns, and all other persons claiming l)y, through, or under them, of all right, title, interest or claim in or to said railroad, premises, and property, and every part and parcel thereof. In Case of such Sale, the said party of the second part shall deduct from the proceeds of such sale its just allowances for the expenses thereof, including attorneys and counsel fees, and all expenses which may have been incurred in operating, mana^in^ or maintaining^ the said railroad, or in manao:in^ the business thereof, as well as just compensation for its own ser- vices, and thereafter shall apply so much of the proceeds as may be necessary to the payment of the principal and inter- est of the said bonds then remaining unpaid, pro rata^ without discrimination or preference, and any surplus remaining after such payment, shall be paid over to the said party of the first part, or as any court of competent jurisdiction shall order. Fourth. — At any Sale of the aforesaid Property, or of any part thereof , made by virtue of these presents, or by judicial authority, the said party of the second part, or its successors, if requested so to do by the holders of a majority of the then outstanding bonds secured by this mortgage, may purchase the property so sold, or any part thereof, on behalf of all the holders of the said bonds then outstanding, at a reasonable ])rice, if but a portion of said property shall be so purchased ; or if all of it be purchased, then at a price not exceeding the whole of such bonds then outstanding, with the interest accrued thereon. And having so purchased said premises, the right and title thereto shall vest in said party of the second j)art, and no bondholder shall have any claim iq)on the i)remises or the proceeds thereof, except for his pro rata share of the pro- ceeds of said purchased ])remises, as represented in a new com|)any or corporation to be formed for the use and benelit of the holders of the bonds secured hereby ; said new com- pany or corporation shall be organized upon such terms and TIIK MISSOURI, KANSAS AND TEXAS RAILWAY. 165 conditions jind limitations, and in such manner as the holders of a majority of said outstanding bonds secured by this mort- gage, shall in writing request or direct, and the said party of the second part, or its successors so purchasing, shall thereupon reconvey the premises so purchased to the said neAv company or corporation. Fifth. — The Party of the First Part, in consideration Sinking Fund, aforesaid, further covenants and agrees with the party of the second part and its successors in this trust, that the said party of the first part, its successors and assigns, will, on the first day of June, A. D., 1873, and on the first day of June annually thereafter, pay to the party of the second part, or its succes- sors as aforesaid, as a sinking fund, in gold coin of the L^nited States of America, a sum equal to one })er cent, of the aggre- gate principal of the bonds secured hereby, together with interest thereon at the rate of seven |)er cent, per annum, in gold coin as aforesaid, by the operation of which sinking fund, the whole principal of said bonds will be redeemed in thirty years from the date of the first annual })ayment. And it is mutually agreed between the parties hereto, that the said party of the second jiart, shall in each jind every year after said first l)ayment, designate for redemption by lot, an amount of bonds e(|ual to the accumulations in said sinking fund, which shall be redeemed at the [)ar value thereof, due notice of the numbers of the bonds so designated having been previously })ublished by said party of the second part in two or more of the daily newspapers printed in the City of New York, for sixty days, at the expiration of which, interest on the bonds so designated shall cease, and the pi’emises embi-aced in this mortgage shall thereafter be discharged from so much of the lien hereby imposed thereon, as th(‘ bonds amount to thus designat(*d for payment. And it is further mutually agreed, that th(5 said party of the second })art, shall and will cancel and discharge each and every of the bonds secured by this Q.^ijceiiation of mortgage, with all the interest coupons annexed thei’eto, which slndl be redeemed as aforesaid, and will make or cause to be made upon each bond a brief note or memorandum, stating when the same was cancel hal and from whom said bond was received, in such manner and form as will enable the party of the tirst part to trace the transaction, jind will immediately return so many bonds as are redeemed to the said party of the RegistryofKedeemed tirst part cjincelled, and that a pro[)er registry and account of all the bonds so redeemed shall be kept by both of said })arties THE MISSOURI, KANSAS AND TEXAS RAILWAY. 16 () hereto, and shall be open for the examination and inspection of any i)arties in interest, at all reasonable times. And the mini her or amount of said bonds cancelled shall be reported by the said party of the hrst part to its stockholders in each of its annual statements. Expenses of this SiXTH. — The Said Party of the Second Part, and its succes- sors in this trust, may employ at the expense of the party of the first part, such attorneys, counsel or other agents as may be necessary, in the execution of the trusts hereby created, and shall be entitled to just compensation for all services rendered in the execution of this trust, and to be reimbursed for all necessary expenditures in and about the same, to be paid by the party of the first part, unless herein otherwise pro- vided. And the said party of the first part, for itself and its Covenant for further assigns, hereby covenants and agrees to execute and deliver to the said party of the second part, or its successors in this trust, any and all further reasonable and necessary deed or deeds, conveyance or conveyances, for the more fully securing the payment of said bonds. Defeasance. Kelease of this Mortgage. Provided always, and this grant and conveyance is upon the express condition, that upon the payment in full of said bonds, and the interest due thereon, then the estate, title, and interest hereby granted, shall cease, determine, and be void ; and the said party of the second part, or its successors in this trust, shall duly execute and deliver to the said party of the first part, a proper release or satisfaction of this mortgage. Ill Witness Whereof, the said Tebo and Neosho Kailboad Company has caused this Indenture to be subscribed in its corporate name by its Pres- ident and Secretary, and has caused its corporate seal to be hereto affixed. Tebo and Neosho Railiioad Company, By Fbancis Skiddy, President. George C. Clark, Secretary. In presence of Oliver P. C. Billings, State of Neav York, City and County of Nfav York, Notarial CertiHcate K reineinbered, that on the first day of dune, A. I)., one of Acknowledgment, tlionsjind eight hundred and seventy, before me, the subscriber, Olivei- P. C. Ifillings, a Commissioner in and for the State ol‘ THE MISSOURI, KANSAS AND TEXAS RAILWAY. 167 New York, appointed by the Governor of the State of Mis- souri, to take proof and acknowledgment of deeds, mortgages, or any other instrument to be used or recorded in the said State of Missouri, personally appeared Francis Skiddy and George C. Clark, who are personally known to me to be the identical persons whose names are affixed to the foregoing Indenture, as respectively President and Secretary, and acknowledged the same to be the voluntary act and deed of said Tebo and Neosho Railroad Company, and each being by me duly sworn, deposes and says, each for himself, that he, Francis Skiddy, is President, and that he, George C. Clark, is Secretary, of said Railroad Company; that they signed the foregoing instrument as such President and Secretary, and caused the corporate seal of said Company to be affixed thereto, all as the act and deed of said Company, by order and authority of said Company, for the uses and purposes therein mentioned. Ill Witness Whereof, I have hereunto set my hand and affixed my official seal, in the City of New York, on the day and year above written. Oliver P. C. Billings, Vo'ia7nissioner for the State of lo Nai^mu Street^ JV^eiv York. [The original of the foregoing instrument was filed for record in the offieci of the Recorder of Deeds for the County of Pettis, State of Missouri, on th(‘ loth day of elum^, and is recorded in said office in “Trust Decul and Morti 2 a.it' ■u.‘. ,' ^.,1 •'Y '' I, ,.>■; ; jM v ■■»rtjli;(^ >„/. , ■ P' p-;,. V Pf* • / ■•-- . : ■, iL5|P»' - •■ ' ;y!'^#|'^. ' ''isl|l '^i')sS|||j|^“;;:'>s|l^^ : '4.,iw4»,..' V, |:.L ; HANNIBAL AND CENTRAL MISSOURI RAIL- ROAD COMPANY. FIRST MORTGAGE. APRIL 20, 1870. THIS INDENTURE, made the twentieth day of April the year of our Lord, one thousand eight hundred and seventy, between the Hannibal and Central Missouri Railroad Company, a body corporate, duly created and existing under the laws of the State of Missouri, of the first jiart, and the Farmers’ Loan and Trust Company, of the City of New York and State of New York of the second part; Whereas, said Railroad Company by its charter is Jiidhor- ized to borrow such sums of money as may be required to complete, finish, and equip its road and to make and issue its bonds for any amount so borrowed and to mortgage its cor- porate property and franchises or any part thereof as security for the payment of said bonds, and Wliereas, the parties of the fir.st part are anxious to pro- Series of 1100 Bonds, cure the money necessary to complete their road, and to that end propose to make and issue from time to time their bonds (principal and interest payable in gold coin) to the amount of eleven hundred thousand dollars in tlie aggregate, being fif- teen thousand, five hundred dollars for each and every mile the road of said company, and thereby become indebted to divers persons, bodies politic or corporate, who shall become holders of said bonds; each of said bonds to })ear date, on the second day of May in the year of our Lord, 1870, and each payable in the sum of one thousand dollars to R. F. Lakeman, Kscp, or bearer, at the agency of the Company in the City of New York, on the first day of May, A. 1)., one thousand eij^ht „ , , . hundred and ninety, with interest from date at the rate of 1890. seven per cent, per annum, payable at the same place half yearly, on the first days of November and May of each year ( ) 170 THE MISSOUKI, KANSAS AND TEXAS KAILWAY. respectively for which interest coupons or warrants are to be attached; that each of said bonds, for the purpose of identifi- cation, is to be numbered in consecutive series from one to eleven thousand, both inclusive, and that on each bond shall , ^ be printed or written, a certificate sio^ned by the Trustee herein ' named ; that such bond is one of the series of eleven hundred bonds intended to be secured by these presents. Bo^ndf^^^ secure And Whereas, the party of the first part further propose to secure the payment of all said bonds, principal and interest, by the execution and delivery of a mortgage or trust deed of all the property and franchises of said Railroad Company, now held and owned by said Company, or such as may be hereafter acquired, as the same is hereinafter more fully set forth, all of said bonds to be equally secured by these presents, without reference to the relative time any bond may have been issued. This Indenture conveys. Koad from Hannibal to Moberly. Buildings. Franchises, etc. Now, Therefore, This Indenture Witnesseth, that the said parties of the first part the better to secure the payment of all of said bonds (amounting in the aggregate to eleven hundred thousand dollars) and no more, with interest at the times and in the manner herein mentioned and set forth, and for and in consideration of the sum of one dollar by the parties of the second part, in hand paid to the said parties of the first part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged ; have granted, bar- gained, sold, transferred, and set over, conveyed, and confirmed, and by these presents do grant, bargain, sell, transfer, and set over, convey, and confirm unto the said Farmers’ Loan and Trust Company, party of the second part, their successor or successors and assigns forever, all and singular, the right of way and Railroad of said parties of the first part, constructed or to be constructed, from the City of Hannibal in the County of Marion and State of Missouri, to the town of Moberly, County of Randolph and State of Missouri, as the same is now laid out, or at any time hereafter may be laid out and used, together with all the rails, embankments, bridges, turn-outs, side-tracks, structures, water-tanks, and fixtures, shops, engine and other houses, depots and turn-tables, now owned or used, or that may hereafter be owned, acquired or used by the par- ties of the first part in connection with the said Railroad, and everything appurtenant thereto; and all the franchises, powers, privileges, and chartered or other rights, of the said THE MISSOURI, KANSAS AND TEXAS RAILWAY. 171 the Hannibal and Central Missouri Railroad Company, now laid, or which may hereafter be laid, or acquired by said Company, together with all the rents and profits, income, gains, moneys, rights, benefits, and advantages derived or to be derived, received, or in any way whatsoever had therefrom by said parties of the first part, reserving, however, the right thereafter to issue equipment bonds, which shall be secured by Right reserved to a first lien or mort^a^e on all the rolling stock and movable ^ ® ® ^ , Second Mortgage equipments, and a second mortgage or hen on the road, fran- Bonds. chises, and property of the Company embraced in this deed of of trust. To Have and to Hold, all and singular, the above granted To have and to hold and described premises, rights, franchises, and property with the appurtenances thereto belonging, unto the said party of the second part, their successor or successors and assigns for- ever. In Trust, Nevertheless, for the person or persons, and Trusts declared, bodies politic or corporate, who at any time shall become holders or owners of the said lionds, or an}' of them, subject to the terms and stipulations of said bonds and tlie provisions of the acts of the Legislature of Missouri, relating to the said Company, subject also to the stijiulations of two contracts made by the parties of* the first part with other com})anies hereinafter particularly referred to; and also subject to the possession, conti-ol iind iniiiiagoinent of tlio said coin|)any, ^ parties of the first riart, so long as the said com])anv shall Company, well and truly perform all and singular the stijiulations of the bonds aforesaid and the covenants of this indenture. And the said Company, parties of the first })art, for them- selves, their successors and assigns, do hereby covenant and agree to and with the said parties of the second jiart, their suc- cessors and assigns, to pa}' to the holders or owners of said bonds resiiectively, the princi})al money thereof, and also tlui interest stiiiulated on said bonds, in gold coin of the United States, and that in case of six months’ default to pay either Default continued princiiial or interest of said bonds, oi* anyone of them, ^vhen due and jiayable and demanded, and upon the recpiest in writ- ing of a majority in interest of the holder or holders of said bonds on which interest or })rineipal has not been duly paid as Trustee may enter aforesaid, said Trustees sliall take actual ))ossession of all .yjd uito Possession, singular the pro})erty and efiects mortgaged, and the agent or agents of said Railroad actually in iiossession thereof are 172 THE MISSOURI, KANSAS AND TEXAS RAILWAY. ordered to give sueh possession to said Trustees, parties of the second part hereto ; and the said Trustees shall cause the said mortgaged premises, or so much thereof as maybe necessary to pay and discharge the entire principal and interest, whether or not due, on all of said bonds as may be unpaid, together with Power of Sale. expenses of sale, to be sold at public auction at either of the Cities of New York, in the State of New York, and St. Louis, in the State of Missouri, giving at least ninety days’ notice of the time, place and terms of such sale, and of the specific Notice of Sale. property to be sold, by publishing the same in one or more newspapers of good circulation printed in each of the cities aforesaid, and wherever else required by law, with power in said Trustee to adjourn the time of sale from time to time, and make the same on any adjourned day ; and execute to the pur- Trustees’ Deed. chaser or purchasers thereof a good and sufficient deed or deeds of conveyance in fee simple for the same, Avhich shall be a bar against the parties of the first part, and second part, their, and each of their, successors and assigns, and all persons claiming under them or either of them, of all right, title, interest, claim or demand, in law or equity in or to the said mortgaged prem- ises, or any part thereof, and on and after such request to take possession and until such sale, said Trustee shall receive and collect all the incomes, revenues, and profits of the said Rail- road and mortgaged premises for the security hereinbefore declared, first defraying out of the same, the expenses of said Road, and making all needful repairs thereto, it being under- stood, however, that whereas the parties of the first part have- Traflac Agreement of (3 into a contract dated June 22nd, 18(58, with the Toledo, June 22, 1878, with i ^ n/r- certain Companies. Wabash and Western Railway Company, the North Missouri Railroad Company, and Hannibal and Naples Railroad Com- pany, providing for the interchange of business, the making and division of through rates and other matters. And Wliercas, to insure the more certain execution of the provisions of the contract aforesaid, the first party is about to enter into a contract with the Hannibal Bridge Com})any, authorized by the laws of the States of Missouri and Illinois, providing for the erection of a bridge over the Mississippi River at Hannibal, and regulating its use, with the tolls to be charged, and other matters relating thereto, reference being here had to both of said contracts executed and to be exe- cuted, for ])articulars and details; and it being intended that this mortgage should be subject to the terms and conditions of both of said agreements, it is hereby particularly understood Contract with Hannibal Bridge Company. THE ^MISSOURI, KANSAS AND TEXAS RAILWAY. 173 and agreed by and between the parties liereto, that in case the parties of the second part, their successors or assigns, should at any time take possession of and sell the mortgaged prem- ises, that such possession should be subject to performance by him or them of the terms of said contracts to be performed by said parties of the first part hereto, and that incase of sale and conveyance of said mortgaged premises, such sale and con- veyance would be subject to the performance by the purchaser of the terms and stipulations of both said contracts as therein provided to be performed by the parties of the first part hereto ; and the said parties of the second part, their successors, [and] assigns, after deducting from the proceeds of said sale the costs Proceeds of Sale, and expenses thereof, and the costs, charges, and expenses of managing said property, and applying so much of the pro- ceeds as may be necessary to the payment of the said entire principal and interest remaining unpaid on all of said bonds, shall return the residue thereof to the said parties of the first part. It being hereby expressly agreed and understood that in no case shall any claim or advantage be taken by the par-^^aiv^ of Stay and ties hereto of the first part of any valuation, ap})raisement, or extension laws, nor any injunction or stay of i)roceedings, or any process to })e api)lied for, or obtained, or used by or for them, to prevent such entry or sale or distri})ution of })roceeds of sale as aforesaid. And, it is fiirtlier Und<‘rstood and Aj*Teev York, ) Be it reiiieinbereU tliiit on tlic 30tli diiy of April, in tlic Certiticat« year one thousand eight hundred and seventy, before me, the of Acknowledgment, undersigned, Edwin S. Casey, Jr., a Commissioner resident in tlie City of New York, duly commissioned and (pialified by the executive authority and under the laws of tin; State of Mis- souri to take the {icknowledgment of deeds, etc., to be used or recorded therein, personally a})peared Roswell (L Ralston, who is personally known to me to be tin; same person whose name is subscribed to the annexed instrument of writing, and mJk) is also known to me to be the President of the Farmers’ Loan and Trust Company, and acknowledged that he exe- cuted the said instrument as Ih’esident of said Company for the uses and purposes therein mentioned, and also acknowl- edged that the seal thereto attached is the corporate and com- mon seal of said Company and was thereto affixed by their 176 THE MISSOUIH, KANSAS AND TEXAS RAILWAY. authority, and that he subscribed his name thereto as President by like authority. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year aforesaid. Edwin S. Casey, Jr., Commissioner for the State of Missouri^ Office 54 Wall Street, New York. [The original of the foregoing instrument was filed for record in the office of the Recorder of Marion County, State of Missouri, May 12, 1870, and is recorded in said office in Book 57, on pages 83 to 90, inclusive. The foregoing is an accurate copy of the instrument as there recorded.] HANNIBAL AND CENTRAL MISSOURI RAILROAD ' COMPANY. SECOND MORTGAGE. FEBRUARY i, 1872. THIS INDENTURE, made the first day of February, in the '' Parties. year of our, Lord one thousand eight hundred and seventy-two, between the Hannibal and Central Missouri Railroad Company, a body corporate duly created and existing under the laws of the State of Missouri, of the first part, and the New York Guaranty and Indemnity Comi’any, of the City of New York, Trustees, of the second part, Witncsseth : Wliereas, the said Railroad Company, by Power to borrow charter is authorized to borrow money, in such sums as may^l^oney. be required to complete and equip its road, and to make and issue its bonds for any amount so borrowed, and to mortgage its corporate property and franchises, or any pjirt thereof, as security for the payment of said bonds ; And Wliereas, the said party of the first jiart is anxious to series of 250 Bonds, procure the money necessary to complete its road, and to tliat end })roposes to make and issue its bonds to the amount of Two Hundred and Fifty Thousand Dollars, in the aggregate, (principal and interest i)ayablc in gold coin ), and thereby to become indebted to divers i)ersons, bodies })olitic or corj)oratc, who shall become holders of said bonds ; each of said lionds to bear date on the first day of February, in the year one thou- sand eight hundred and seventy-two, and each payable in the sum of one thousand dollars to A. R. Baylis, or bearer, at the office of the said party of the second part, in the City of New York, on the first day of May, A. D.,one thousand eight hun- Bonds due May l, dred ninety-two, with interest from date at the rate of seven per cent, per annum, payable at the same place, half yearly, on the first days of May and November in each year, until said principal sum sliall be fully paid, for which interest coupons ( 177 ) 178 THE MISSOURI, KANSAS AND TEXAS RAILWAY. or warrants are to be attached; that each of said bonds, for the purpose of identification, is to be numbered in consecutive series from one to two hundred and fifty, both inclusive; and that on each bond shall be printed or written a certificate Trustees Certificate. Trustee herein named, that such bond is one of the series of two hundred and fifty bonds intended to be secured by these presents ; Mortage to secure Whereas, the said party of the first part further pro- poses to secure the payment of all of said bonds, principal and interest, by the execution and delivery of a mortgage or trust deed of all its property and franchises now held and owned by it, or which may be hereafter acquired, as the same is herein- after more fully set forth, all of said bonds to be equally secured by these presents without reference to the relative time any bond may have been issued. This Indenture conveys. Koad from Hannibal to Moberly. Buildings, etc. Now Therefore this Indenture Witnesseth : That the said party of the first part, the better to secure the payment of all of said bonds, amounting in the aggregate to the sum of two hundred and fifty thousand dollars and no more, with interest at the times and in the manner therein mentioned and set forth, and for and in consideration of the sum of one dollar, lawful money of the United States, by the said party of the second part in hand paid to the said party of the first part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, transferred, set over, conveyed, and confirmed, and by these presents doth grant, bargain, sell, transfer, and set over, convey, and confirm unto the said party of the second part, its successor or successors and assigns for- ever, all and singular the right of way and railroad of the said party of the first part, constructed or to be constructed from the City of Hannibal, in the County of Marion, and State of Missouri, to the town of Moberly, in the County of Randolph, and State of Missouri, as the said [same] is now laid out or at any time hereafter may be laid out and used, together with all rails, embankments, bridges, turn-outs, side-tracks, struc- tures, water-tanks, and fixtures, shops, engine and other houses, depots and turn-tables now owned or used, or that may be hereafter owned, acquired, or used by the party of the first part in connection with said railroad, and everything appurte- Franchises, etc. nant thereto, and all the franchises, powers, privileges, and chartered or other rights of the said party of the first i)art, THE MISSOURI, KANSAS AND TEXAS RAILWAY 179 now had or Avhich may hereafter be had or acquired by said party of the first part, together with all the rents and profits, income, etc. income, gains, moneys, rights, benefits, and advantages derived or to be derived, received or in any way whatsoever had or obtained therefrom by said party of the first part, To Have and to Hold, all and singular the above granted and described premises, rights, franchises, and property with the appurtenances thereto belonging, unto the said party of the second part, its successor or successors and assigns for- ever, In Trust, Nevertheless, for the person or persons and bodies declared politic or corporate who at any time shall become holders or owners of the said bonds, or any of them, subject to the terms and stipulations of said bonds and the provisions of the Acts of the Legislature of Missouri, relating to the said Company, and subject also to the possession, control, and manao-ement of said Possession to remain -1 1 1 -1 f ^ 1 with R. K. Co., until, Railroad and property by said party oi the first jiart, so long etc. as it shall well and truly perform all and singular the stipu- lations of the bonds aforesaid, and the covenants of this indenture. And the said Party of the First Part for itself, its succes- Default continued sors and assigns, do hereby covenant und agre(‘ to and with the said [larty of the second part, its successor or successors or assigns, to jiay to the holdei’S or owners of said bonds resjiect- ively the princijial money tluu-eof, as also th(‘ interest sti})u- lated in said bonds, in gold coin of the United Stat(‘s, free of (lovernment tax, and that incase of six montlis default to pay cither interest or jii’incipal of said bonds, or any of tlunn, when due and jia^'able and demanded, and iqion the re(piest in writ- ing of a majority in inti'rcst of the holder or h )ld(‘rs of said bonds, on which inter(‘st or principal has not bemi duly ])aid as aforesaid, said Trustia^ shall take actual jiossession of all and Trustee mav enter singular the property and effects hereby convc'yed, and the ag(mt or agents of said Railroad actually in posst'ssion thei‘(a)f are luu’cby ordered to give such possession to said Trustees, party of the second part hereto, and the said Trustee, shall cause the said mortgaged premises and t)ropi‘rty, or so much thereof as may be necessary to i)ay and discharge the entire principal and interest, whether due or not due, of all of said bonds, as may be un))aid, together with all expens(;sof sale, to be sold at public auction at either of theC'ities of New York, in Power of Sale, the State of New York, and St. Louis, in the State of Missouri, 180 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Notice of Sale. Trustees’ Deed. Proceeds of Sale, how applied. giving at least ninety days’ notice of the time, place, and terms of such sale, and of the specific property to be sold, by pub- lishing the same in one or more newspapers of good circula- tion printed in each of the cities aforesaid, and wherever else required by law, with power in said Trustee to adjourn the time of sale from time to time, and make the sale on any adjourned day, and execute to the purchaser or purchasers thereof a good and sufficient deed or deeds of conveyance in fee simple for the same, which shall be a bar against the party of the first part and the party of the second part, their, or each of their, successors and assigns, and all persons claiming under them or either of them, of all right, title, interest, claim or demand, in law or equity, in or to the said mortgaged premises or any part thereof, and on and after such request to take pos- session, and until such sale, said Trustee shall receive and collect all the income, revenues, and profits of the said Railroad and mortgaged premises, for the security hereinbefore declared, first defraying out of the same the expenses of the said Road and making all needful repairs thereto. And the said Party of the Second Part, its successors and assigns, after deducting from the proceeds of said sale the costs and expenses thereof, and the costs, charges and expenses of managing said property and applying so much of the pro- ceeds as may be necessary to the payment of the said entire principal and interest remaining unpaid on all of said bonds, shall return the residue thereof to the said party of the first AVaiverof Stay and part. It bciim hereby expressly understood and agreed, that other Laws. . ^ i 4- i 4- i u in no case shall any claim or advantage be taken by the party of the first part of any valuation, appraisement, or extension laws, nor any injunction or stay of proceedings, or any jiro- cess to be applied for, or obtained, or used by or for the said party of the first part, to prevent such entry, or sale, or dis- tribution of proceeds of sale as aforesaid. Aiul it is further Understood and Aj^reed, by and between the parties hereto, that iti case of the dissolution, resignation or inability of said Trustee or its successors in the Trust to act in the matter of the trust, the party of the first part shall, by a majority vote of its Directors, forthwith appoint a new Trustee as successor in the trust, and in case of neglect or refusal for the space of thirty days on the part of the said party of the first part to make such appointment, the holders of interest in said bonds, to the extent of more than oiu'-half Resignation, etc., of Trustee. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 181 of the bonds aforesaid, may ai)p]y to tlic person wlio for the time being may be Judge of the Circuit Court of Marion County, Missouri, to appoint some suitable person or body corporate as Trustee, and after such appointment, either l)y said Judge, or by the said party of the first part, and accept- ance of the trust by the person or body corporate so appointed, the new Trustee shall become vested with all the property and rights of the party of the second part, without further assur- ance or conveyance of the same. The said Party of the First Part hereby further covenants Covenant for further and agrees to, and with the said party of the second part, successors and assigns, to make, execute, and deliver to the said party of the second part, its successors and assigns, all such further assurance and assurances in the law as counsel may reasonably devise and advise, the more effectually to vest in the said party of the second i)art, its successors and assigns, all and singular the premises hereby conve^'ed or intended to be conveyed for the purposes hereinbefore for that i)urpose mentioned or intended, and that the said Trustee shall be lia- ble^ resi)onsible, and accountable only for the exercise of a reasonable diligence in the management of the trust. It is fiirtlier Understood and Afirced that this conveyance is Defeasance upon the express condition and limitation that 14)011 th(‘ jiay- ment and satisfaction of the principal and interest of each and every of said bonds, and of tin* expenses and rc‘asonal)le charges attending the execution of this trust, tlic estate lu‘reby granted shall immediately be r(‘-invested in law and in fact in said liarty of the first jiart hereto, without any entry or other act. And tin* said Party of the S<‘eoinl Part hereby acc(4)ts this Acceptance of Trust, trust, and agrees faithfully to execute the same. This conveyance is, however, made subject to the prior lien Subject to Mortj^age . • 1 4- 4 • ^ 1 1 V . . of April 20, 1870. and incumbrance ot a certain mortfjaii'e or deed ot trust exe- cuted by the said party of the first jiart to the Farmers’ Loan and Trust Company of the Citj" of New York, b(‘aring date the 20 th day of April, 1870, and given to secure tlu? payment of one million, one hundred thousand dollars of the first mort- gage bonds of the said party of the first jiart. And also subject to the terms and conditions of two certain Subject y> Traitic contracts made by said party of the first i)art,the one with the Toledo, Wabasii and Western Railway Com})any, the NortlC*^'" Missouri Railroad Company and the Hannibal and Naples 182 THE MLSSOUKT, KANSAS AND TEXAS RAILWAY. wkh Company, bearing date June 22nd, 1868, and the Bridge Company, other with the Hannibal Bridge Company, to which contracts reference is had. In Witness Whereof, the said party of the first part has caused its corporate seal to be hereunto affixed, and the same to be attested ])y its Secre- tary, and the name of its President to be signed to these presents, and the said party of the second part has also caused its corporate seal to be hereunto affixed and the same to be attested by its Secretary, and the name of its President to be signed to these presents, the day and year first above written. A. W. Lamb, President. Attest : Wm. H. Hunt, Secretary. James P. Wallace, President. F. J. Ogden, Secretary and Treasurer. State of New Youk, City and County of Neav York, Notarial Certificate I’ Charles Nettleton, Commissioner for Missouri, in NeAV of Acknowledgment. York do hereby certify that on this 12th day of Feburary, A. D., one thousand eight hundred and seventy -two, came before me James P. lYallace, the President of the New York Guarantee and Indemnity Company, of the City of New York, and F. J. Ogden, the Secretary and Treasurer of the same Com- pany, who are to me personally known to be such, and being by me duly sv'orn did depose and say that he, the said James P. Wallace, resided in the City of Brooklyn, in the County of Kings, and State of New York, that he, the said F. J. Ogden, resided at East Orange, in the State of New Jersey, that they ’were the above described officers of said Company, that they knoAV the corporate seal of said Company, that the seal affixed to the foregoing instrument , i)ur[)orting to be the cor- porate seal of said (\)mi)any, is such cor})orate seal, that it was affixed thereto by order of the Board of Directors of said Com- pany, and that they signed their names thereto by the like order as the President, and Secretary and Treasurer, of said Company, respectively, and the said flames P. Wallace and F. J. Ogden, also severally acknowledged to me that tlK\y had executed the fore<>:oin 2 instrument, and that the same was O O ^ THE MISSOURI, KANSAS AND TEXAS RAILWAY. 183 their free act and deed, and the free act and deed of the said Company for the purposes therein mentioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal. Charles Nettleton, Commissioner for Missouri and New York^ 117 Broadimy , New York City. State of Missouri, ) County of Marion, s ^ Be it remembered, that on this 21st day of February, A. D., Notarial Certificate 1872, before the undersigned, a Notary Public within and the County of Marion, in the State of Missouri, personally came Alfred W. Lamb, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument of writing, and who is also known to me to be the President of the Hannibal and Central Missoi ri Railroad Company, and acknowledged that he executed said instrument of writing as President of said Railroad Conn)any for the uses and purpose therein mentioned, and also acknowledged that the seal thereto attached is the corporate and common seal of the said Railroad Company and was thereto affixed by their authority, and that he subscribed his name thereto by like authority. 111 Testimony AVliereof, I have hereto set my hand and aliixed my oflicial seal at my office in Hannibal the day and year above written. William C. Foreman, Notary Public. [The original of the foregoing instrument was tiled for record in the office of the Recorder of Deeds for Marion County, State of IMissouri, February 21, 1872, and is recorded in said ollice in Deed Rook on i)ages 240 to 247 inclusive. The foregoing is an accurate copy of the instrument as there recorded.] MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. FIRST CONSOLIDATED AND SINKING FUND MORTGAGE. FEBRUARY i, 1871. THIS INDENTURE, made the 1st day of February, one Parties, thousand eight hundred and seventy-one, between the Mis- souri, Kansas and Texas Railway Company of tlie one part, and the Union Trust Company, of New York, of the other part. Whereas, a railroad com})any, known as the Union Pacihc Preamble. [Railway] Company, Southern Branch, was duly incorporated on or about the tv’enty-tifth day of September, one thousand eight hundred and sixty-live, under and by virtue of an act of the Legislature of the State of Kansas, entitled “An Act to UnioT^l4^dfic°Kail- provide for the Incorporation of Railroad Comi)anies,” ^ ^ ^ ’ Southern Branch. ap})roved February 13, LSbf), to construct and operate a rail- road extending from rJunction City ( near Fort Riley), in Davis County, in the State of Kansas, thence down the \bdley of the Neosho Rivei* to the southern boundarv lim* of said State; And AVher<‘as, said Railway Company, by virtue of 'ht ( 183 ) ” 18() • THE MISSOURI, KANSAS AND TEXAS RAILWAY. hundred and sixty-eight, and are secured by a trust, deed or mortgage of the same date, executed by said Railway Com- pany to Russell Sage and N. A. Cowdrey, of the City of New York, and duly recorded in the State of Kansas, conveying the right of way, road, franchises, property, real and per- sonal, and the lands granted to said Railway Company, and providing for the creation of a sinking fund for the pay- ment of said bonds, as by reference thereto will more fully appear ; Name changed. And Whereas, the said Railway Company afterwards, and in pursuance of the the power and authority conferred by the laws of the State of Kansas, changed its name to the ATissouri, Kansas and Texas Railway Company ; Incorporation of And Whereas, a certain other railroad company was duly Railway Company, incorporated under and by virtue of the laws of the State of Kansas, by the name of the Labette and Sedalia Railway Com- pany, to construct and operate a railroad from a point in Labette County, in said State, on the line of the railroad of the Missouri, Kansas and Texas Railway Company aforesaid, northeastwardly, through Neosho, Crawford, and Bourbon Counties, to the boundary line between the States of Kansas and Missouri, and to the point in such boundary line where the same intersects the road of the Tebo and Neosho Railroad Company, a corporation duly created under and by virtue of an act of the General Assembly of the State of Missouri, approved Alarch 12, 1859 ; Consolidated with M. K. & T. Ry. Co. And Wliereas, by virtue of the laws of the State of Kan- sas, the said AIissouri, Kansas and Texas Railway Company, and the Labette and Sedalia Railway Company, were consoli- dated and liecame one corporation, under the name of the Missouri, Kansas and Texas Railway Company; Ronds authorized And Whereas, the said the Missouri, Kansas and Tioxas ^R y COMPANY, foi* the puriiose of building, e([uipping, Co., to Union Trust and opei'ating that portion of its said railroad formerly owned the Laliette and Sedalia Railway Company, as above described, heretofore issued its bonds for the sum of one thou- sand dollars each, amounting in the aggregate to the principal sum of one million, two hundred thousand dollars, and numbered from one to twelve hundred, both inclusive, all of which bear date tlie first day of August, one thousand eight hundred and seventy, and are secur(‘d by a trust deed or mortgage of THE MISSOURI, KANSAS AND TEXAS RAILWAY. 187 the same date, executed b}" said Company to the Union Trust Company of New York, conveying all that portion of its said railroad above mentioned, with the right of way, franchises, and all the property, real and personal, thereto belonging, and providing for the creation of a sinking fund for the pay- ment of said bonds, as by reference to said trust deed or mortgage, duly recorded in the State of Kansas, will more fully appear ; And Whereas, the Tebo and Neosho Railroad Company, Bonds authorized duly incorporated as hereinbefore mentioned, for the purpose, Tebo^JN^^sh^^R.^R. among other things, of building, equipping, and operating a railroad running from Sedalia, in Pettis Counl\", and State of 1870, $2,000,000. Missouri, southwesterly to the boundary line between said State and the State of Kansas, did for that purpose issue its bonds for the sum of one thousand dollars each, amounting in the aggregate to the principal sum of two million dollars, and numbered from one to two thousand, both inclusive, all of which are dated the first day of June, one thousand eight hun- dred and seventy, and are secured by a trust deed or mortgage of the same date, executed by the said ('ompany to the Union Trust Company of the City of New York, conveying the said railroad, its rights, franchises, and pro})erty, real and t)ersonal, and j)roviding for the creation of a sinking fund for the i)ayment of said bonds, as by reference to said trust deed or mortgage, (July recorded in the proper oliice in the State of Missouri, will more fully ai)pear; And Whereas, after the issue of said bonds, and the execu- Tebo & tion of said trust deed or mortgage by the d\‘l)o and N(‘osho Railroad Company, tin* said Company, by virtue of the power and authority conferred by th(‘ statutes of thi‘ State of Missouri, sold the railroad above described, and all tin; cor- porate rights and franchises held and owned by said Conq)any, to the Missouiti, Kansas and Tkxas Railway Company, and the said last-nam(‘d (V)mpan3" l)t‘came to [the] owinu* thereof, and vested with all the cori)orate rights, powers and franchisees ai)})ertaining thendo, and to the said Tebo and Neosho Railroad Comi)any belonging, subje'ct to the lien and o{)eration of the trust deed or mortgage aforesaid; And Whereas, the said the Missoum, Kansas and Texas ^ Ky. Co. to extend Railway Company is the ownei* of the right and franchise, its Road into and underand by virtue of two several Acts of Congr(‘ss, aj)t)rov(;d 188 THE MISSOURI, KANSAS AND TEXAS RAILWAY. July 25 and July 26, 1866, respectively, and the order and approval of the President of the United States thereupon, to extend, construct, and operate their said railroad from the present terminus of their main line in the southern boundary line of the State of Kansas, through the Indian Territory, to a point at or near Preston, in the State of Texas; Other Kio-hts. And Whereas, the party of the first part is the owner of other corporate rights and franchises not included in this deed of trust or mort^a^e ; Grantor described. And Whereas, the party of the first part to this Indenture is the said the Missouri, Kansas and Texas Railway Com- pany, owning and operating their main line from Junction City, aforesaid, to the southern boundary line of the State of Kansas, with the riMit and franchise to extend the same through the Indian Territory, as above mentioned, and those other portions of their railroad extending from the junction with the said main line in Labette County, northeasterly to the boundary line between the States of Kansas and Missouri, and thence still further northeasterly to Sedalia in said last-men- tioned State ; Grantee described. And Whereas, the party of the second part is a corpora- tion duly organized in the City of New York, with the power to take and hold property in trust, and for such uses and purposes as the party creating such trust ma}^ direct and appoint ; Object and purpose And Whereas, the said party of the first part is desirous of Trust Deed. calling in and retiring all the bonds so as aforesaid issued by the said the Union Pacific Railway Company, Southern Branch, the Tebo and Neosho Railroad Company, and the Missouri, Kansas and Texas Railway Company, respectively, or so many thereof as may be still outstanding, by issuing its own ])onds in exchange therefor; and also of borrowing money by the issue of otlier of its own bonds, for the purpose of building, equipping, and o})erating all such of its roads and portions of roads hereinbefore described, as are not yet fully constructed and etjuipped; and for the several purposes afore- said, has resolved to issue such bonds, in the sum of one thousand dollars each, amounting to the aggregate principal sum of fourteen millions of dollars, and numbered from one to fourteen thousand, both inclusive, and that each of the said bonds shall be in the words and figures following, subject only THE MISSOURI, KANSAS AND TEXAS KAIEWAY. 189 to necessary variation as to the distinguishing numbers and amount thereof: UNITED STATES OF AMERICA, States of Kansas and Missouri. MISSOURI, KANSAS AND TEXAS RAILWAY COM- PANY. First Mortgage Seven per Cent. Land Grant and Sinking Fund Gold Bond. No. $1,000. Free of U. S. Government Tax. Know all Men by these Presents, that the Messouri, Kan- sas AND Texas Railway Company is indebted to the Union Trust Company, of New York, or bearer, in the sum of one thousand dollars in gold coin of the United States, which the said Railway Company promises to pay to the bearer hereof on the first day of February, in the year nineteen hundred and four, in the City of New York, with interest thereon from the date hereof at the rate of seven })er cent, per annum, pay- Seven per cent.— able in gold coin aforesaid, semi-annually, at its office or agency in the City of New York, on the first days of August and February in each year, u{)on the })resentation and surren- der of the coupons hereto atttiched, as they severally become due as provided therein ; and in case of default in the payment of any lialf-ycarl}" installment of interest, wdiich shall have become due and been demanded, and such default shall have . , , ^ . . Default continued continued six months after demand, the jirincipal of this bond for Six Months. shall become due in the manner and with the effect provided for in the trust deed or morti>:a<>:e hereinafter mentioned. O O This bond is one of a series numbered consecutively I*’Din one to fourteen thousand, both inclusive, each for the sum of Bonds, one thousand dollars, amountini>: in the a^jirre^ate to the sum of fourteen millions of dollars, all of wdiich are of like tenor, date, and effect, and all eipially secured by a trust deed or mort- gage, dated the first day of February, in the year of eighteen hundred and seventy-one, duly executcid and deliver(‘d by the said Railway Com{)any, and recorded in the proper offices in the States of Kansas and Missouri, and elsewhere, and conveying to the said Union Trust Company, of New York, in trust, the corporate property, real and personal, of the said liarty of the first j)art therein described, and all its franchises and the privi- 190 THE MISSOURI, KANSAS AND TEXAS HAILWAV. Sinking Fund. Registration and Transfer. Certification. leges appertaining thereto, as more fully set forth in said trust deed or inortgage. This bond is entitled to the benefit of a sinking fund, as provided by said trust deed or mortgage, whereby the princi- })al of said bond will be redeemed in thirty -three years from the date hereof. Bonds equal in amount to the accumulations in said sinking fund will be redeemed at their par value annu- ally, commencing after three years from the date hereof. Notice of the numbers of the bonds so allotted for redemp- tion will be published in two or more daily newspapers printed in the City of New York, for sixty days, at the expiration of which time interest thereon shall cease. This bond shall pass by delivery or by transfer on the books of the Company in the City of New York, and such other places in this country and in Europe as said Company may hereafter designate. After a registration of ownership, cer- tified hereon by the Secretary of the Company, or its transfer agent, no transfer, except on the books of the Company, shall be valid unless the last transfer shall have been to bearer, the bond to be entitled to successive registrations and transfers to bearer, at the option of each holder, and other privileges in that behalf mentioned in said trust deed or mortofao^e. This bond shall not become obligatory until it shall have been authenticated by a certificate indorsed hereon, duly executed by the Trustee aforesaid, to the effect that the same is properly issued. In Witness Whereof, the said Missouri, Kansas and Texas Railway Company has caused these pres- ents to be executed by its President and Secre- tary, and its cor})orate seal to be hereto affixed, this first day of February, A. D., eighteen hun- dred and seventy-one. , President. , Secretary. This Indenture conveys. Now, Therefore, This Indenture Witnesseth, that the said party hereto of the first })art, for and in consideration of the premises and of the sum of one dollar to it duly {)aid by the party hereto of the second part, and in order to secure the pay- ment of the principal and interest of the said bonds, according to the tenor thereof, hath granted, bargained, sold, assigned, transferred, and conveyed, and by these presents doth grant, TIIK Missonil, KANSAS AND TEXAS KAILWAV. IIU bargain, sell, assign, transfer, and convey unto the said party of the second part, its lawful successor, or successors, in the trust hereby created, and assigns: First. — All and Singular the Railroad as the same is con- structed extending from Junction City, in Davis County, State of Kansas, down the Valley of the Neosho River, through the Counties of Davis, Morris, Lyon, Coffee, Woodson, Allen, Neosho and Labette, to a point in the southern boundary line of said State, between the Neosho River and the western boundary of Labette County, a distance of one hundred and eighty-two miles, more or less. And Also all the right, title, and interest which the party of the first part has, by reason of the construction of said line of said road to and in any land or lands heretofore granted by any act of Congress to the State of Kansas to aid such construc- tion, the said lands being the same, or so much thereof as remain unsold, which were granted by acts of Congress to the State of Kansas, and by said State to the Union Pacific Rail- way Company, Southern Branch, above mentioned ; and also all the right, title, and interest of the said party of the first part, in and to the proceeds of such of said lands as may have been sold which heretofore belonged to the said Railway Company, or in which the said Company was in any way interested; and also all the right, title, and interest of the said party of the first part in and to any proceeds of lands granted to the State of Kansas, by Act of Congress, entitled “ An Act to appropriate the Proceeds of the Sale of Public Lands, and to grant Pre- emption Rights,” approved September 4, 1^541 , and heretofore sold by said State under and by virtue of an Act of the Legis- lature of the State of Kansas, entitled “ An Act providing for the Sale of Public Lands to aid in the construction of certain Railroads,” ajj[)roved February 23, 18()fi; and also all the right, title, and interest of the party of the first part in and to such of the lands granted by the Act of Congress aforesaid, which were heretofore sold and conveyed by the State of Kan- sas to the Land Grant Railway and Trust Company, and by said Company to the party of the first part ; together with all and singular the tenements, hereditaments, rights, privileges, easements, income, advantages, and jippurtenances to the said lands and premises belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title Road from Junction City to State Line, 182 Miles. Land Grants. li)2 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Franchises in Indian Territory. Lands acquired in Indian Territory. Reservation as to Ft. Smith Branch. Road from Sedalia to State Line, 100 Miles. Road from Parsons to State Line, 60 Miles. and interest, property, claim, and demand whatsoever, at law or in equity, of the said party of the first part of, in, and to the same, and any and every part or parcel thereof (the extent and aggregate area of the lands to which the party of the first part is so entitled being estimated at 1,200,000 acres of land), situate in the State of Kansas. Second. — All the Privileges and Franchises acquired by the said party of the first part, under and by virtue of two several Acts of Congress, approved July 25 and July 26,1866, and the order and approval of the President of the United States thereupon, to extend, construct, and operate the said line of railroad from the said southern boundary line of the State of Kansas, southerly through the Indian Territory to the northern boundary line of the State of Texas, to a point at or near the town of Preston, in said State, a distance of two hun- dred and fifty miles, more or less; and also all the right, title, and interest which the party of the first part now has, or may hereafter acquire by reason of constructing the extension of the said line of railroad through the Indian Territory, in and to any land or lands granted by the Acts of Congress afore- said, or which the said party of the first part now has or may hereafter acquire, under and by virtue of any treaty or treaties from any Indian nation or tribe, or otherwise howsoever, appertaining to the aforesaid extension ; together with all the rights, privileges, tenements, hereditaments, and appurte- nances that may belong or appertain thereto, the land granted under said Acts of Congress being ten alternate sections of land on each side of said railroad. Keserving therefrom any right, franchise, or privilege, or land appertaining thereto, under the Acts of Congress aforesaid, to extend said road, or construct a branch thereof through a portion of the Indian Territory to Fort Smith. Third. — All and Singular the Railroad, as the same is now constructed, extending from Sedalia, in Pettis County, in the State of Missouri, to the western boundary of said State, a distance of one hundred miles, more or less, being the rail- road ac(]uired by the party of the first part by purchase from the Tebo and Neosho Railroad Company, as hereinbefore men- tioned. Fourth. — All and Singular the Railroad which the Labette and Sedalia Railway Company were authorized to con- struct and 0 })erate, as hereinbefore mentioned, and which is THE MISSOURI, KANSAS AND TEXAS RAILWAY. 193 now being constructed by the party of tlie first part from the town of Parsons, in Labette County, in the State of Kansas, on the main line of the railroad of the party of the first part, northeasterly through Labette, Neosho, Crawford, and Bour- bon Counties, to the boundary line between the States of Kan- sas and Missouri, and to the point in said boundary line where the same intersects the railroad acquired by the said party of the first part from the Tebo and Neosho Railroad Company, as aforesaid, a distance of sixty miles, more or less. Fifth. — A nd also all the following property, real and personal, now owned, or which may be at any time hereafter acquired by the party of the first part, for the use of any or all the railroads above described, including the said extension of the main line of said railroad, and thereto belonging — namely, all the lands, tenements, and hereditaments, and rights of way, and all lands appropriated, or which may hereafter be appropriated, for depots, superstructures, buildings, erections, and fixtures; and also all tracks, bridges, viaducts, culverts, fences, and other structures; depots, engine-houses, car- Buildings, etc. houses, freight-houses, wood-houses, and other buildings ; and all machine-shops and other shops ; and also all locomotives, tenders, cars, and other rolling stock or ecjuipments ; and [also] stock etc all machinery, tools, implements, fuel, supplies, and materials for constructing, operating, repairing or replacing the said railroads, or any or either of them; and also all corporate and other franchises, })Owers, rights and privileg(‘s, now held and Franchises, etc. owned, or which may be hereafter accpiired by the party of the first part, connected with or relative to the said railroads, or any or either of them. To Have and to Hold, all and singular the above mentioned To have and to hold, and described premises, rights, franchises, railroads, and real and personal property, unto the said party of the second part, its successor or successors and assigns, in trust, and for the uses, intents, and })urp()ses hereinafter ext)ressed and declared trusts declared, of and concerning the same, that is to say: — AirncLK First. — No One of the said Bonds shall be deemed Trustees’ Certificate, issued, or be valid or secured by this mortgage, until there shall have been indorsed upon it a certificate duly signed by the party of the second part, its successor or successors in this trust, to the effect following, viz. : — “ The within bond is one of fourteen thousand bonds issued under and in pursuance of the Consolidated Mortgage made by 194 'I’lir, MISSOURI, KANSAS AND TEXAS RAILWAY. 7345 Bonds, how used. Exchange of Bonds. the Missouri, Kansas and Texas Railway Company, and is secured thereby.” Article Seconi>. — Seven Thousand Three Hundred and Forty-five of said Bonds, being those numbered from one to seven thousand three hundred and forty-five, both inclusive, or so many thereof as shall be necessary, shall be issued and used only in exchange for bonds equal in amount and now outstanding, heretofore issued, as hereinbefore recited, either by the said Union Pacific Railway Company, Southern Branch, or by the said Tebo and Neosho Railroad Company, or by the said party hereto of the first part ; and until so exchanged for a bond of equal amount as aforesaid, no one of said seven thousand three hundred and forty-five bonds, so numbered as aforesaid, shall be deemed issued or shall be secured by this mortgage. And whenever any one of said outstanding bonds shall have been so received by the party of the second part, its successor or successors in this trust, in exchange, the same shall be registered as an exchanged bond, together with the date of exchange, the name of the person from whom it was received, and the number of the bond given in exchange therefor, and shall be safely kept until all the bonds of like description shall have been in a like manner received in exchange, or shall have been redeemed or otherwise paid olf and satisfied, and thereupon the bonds so received in exchange, and compromising [comprising] all of the like description, tenor, and effect, not otherwise redeemed and paid, shall be cancelled by the party of the second part, its successor or successors in this trust, and delivered to the party of the first part, and the trust deed or mortgage securing the same shall thereupon be duly satisfied and discharged of record. And the books of registry and account of said bonds, so exchanged, shall be kept open for the examination and inspection of any party in interest, at all reasonable times. And it is further Mutually Understood and Agreed, by and between the parties hereto, that whenever under and by virtue of the provisions of either of the aforesaid trust deeds and mortgages, either of the bonds so received in exchange as aforesaid shall be drawn by lot for redemption, the bond issued in exchange for the one so drawn shall be redeemed and paid off by the said party of the second part, its successor or suc- cessors, and the said exchanged bond, and the one so issued for it, shall be cancelled and delivered up to the i)arty of the THE MISSOURI, KANSAS AND TEXAS RAILWAY first part; and in case, upon the satisfaction and discharge of either of said trust deeds or- mortgages, there shall be in the possession or under the control of the Trustee or Trustees there- under any moneys, notes, bills, bonds, choses in action, or other things of value received and held by it or them, as and for, or on account of and belon^ino: to the sinking fund created^. , . „ , . ° ® Sinking Funds under by either of said trust deeds or mortgages, the same, and other Mortgages. every part and parcel thereof, shall thereupon be paid, trans- ferred, assigned, and made over unto, and be held by, the party of the second part, its successor or successors in this trust, subject to the trusts herein expressed and declared. Article Third. — Two Thousand Six Hundred and Fifty- 2655 Bonds, how five of the Bonds hereby secured, being those numbered from seven thousand three hundred and forty -six to ten thousand, , both inclusive, shall be issued and forthwith delivered to the >5^ ^ party of the first part. ^ Article Fourth. — Tlie Kemaininj* Four Thousand of 4000 Bonds, how j used. the Bonds secured herebv, beiiifj those numbered from ten thou- sand and one to fourteen thousand, both inclusive, shall be issued and used only for the construction of the })roposed extension of the railway of the party of the first part south of the Arkansas River, and extending southerly a distance of one hundred and Extension through sixty miles, more or less, through the Indian Territory, as hereinbefore recited. Such bonds shall only be issued and delivered to the party of the first part in jiroportiouate amounts and upon the completion of any section or sections of said road, the length of which completed section or sections shall be determined by the certificates of the Chief Engineer and (leneral Superintendent and the President of the party of the first part: Provided^ however, that whenever anv contract or , contracts for the construction of any fifty miles of such pro- ing 50 Miles of Road. posed extension shall be made, a proportionate amount of said bonds shall, at the option of the party of the first })art, be issued and delivered to it by the l)art 3 ^ of the second part, to be used in the construction, completion, and equipment of such portion or portions of road; j)^'ovided further ^ all or any g.^ie 3 of Bonds. part or portion of such bonds may be offered for sale at any time hereafter; and in case sales thereof shall be made, the proceeds shall be received by the party of the second [)art, its successor or successors in this trust, and i)roportionate amounts thereof, determined in like manner, shall be paid to the party of the first part in place of a deliveiy of bonds as in this article is provided. THE MISSOURI, KANSAS AND TEXAS RAILWAY. Sinking Fund. Ahticle Fifth. — And for the Purpose of Providing- a Sinking Fund for the redemption of the bonds secured hereby, it is further understood and agreed between the said parties hereto, as follows : The party of the first part shall pay to the party of the second part, its successor or successors in this trust, on the first day of February, one thousand eight hun- dred and seventy-four, a sum equal to one per cent, in gold coin aforesaid, of the aggregate principal of the bonds men- tioned in Article[s] Third and Fourth, which shall have then been delivered to the said party of the first part, or sold, and of the bonds set apart in Article Second to be exchanged for outstanding bonds secured by the said trust deeds or mortgages made by the Union Pacific Railway Company, Southern Branch, and the Tebo and Neosho Railroad Company and the party hereto of the first part, or by either of said trust deeds or mortgages, if they or either of them shall have then been satisfied and discharged of record as provided in Article Second ; and shall also pay on or before the first day of February, in every year thereafter, a like sum, and interest at the rate of seven percent, in the same coin, upon all payments theretofore made. Satisfaction of Prior If the said last mentioned trust deeds or mortgages, or either Mortgages. them, shall not have been satisfied and discharged of record, as provided in Article Second, on or before the first day of February, one thousand eight hundred and seventy-four, then whenever either of said trust-deeds or mortgages shall have been so satisfied and discharged, the party of the first part shall, on the first day of February next succeeding such satis- faction and discharge, pay to the party of the second part, its successor or successors in this trust, such sum in gold coin aforesaid, as, taken together with the amount then standing to the credit of the sinking fund created b}^ such trust deed or mortgage, would by the provisions of this article, have been received on that day by the said party of the second part, its successor or successors, on account of the bonds set apart to be exchanged for those secured by such trust deed or mort- gage, if such trust deed or mortgage had been so discharged on or before the first day of February, one thousand eight hundred and seventy-four ; and the said party of the first part shall also pay on or before the first day of February, in every year after such first payment, a sum equal to one per cent, in the gold coin aforesaid, of the aggregate princii)al of such TIIK MISSOURI, KANSAS AND TEXAS RAILWAY. 1H7 bonds Jind interest at the rate of seven per cent, in the same coin on all payments theretofore made. If all the bonds mentioned in Article Fourth shall not have been delivered to said party of the first part, or sold, by the said first day of February, eighteen hundred and seventy-four, then on the first day of February next succeeding the issue of any portion of such bonds, either by delivery to the party of the first part, or by sale thereof, the party of the first part shall pay to the party of the second part, its successor or suc- cessors, such sum in gold coin aforesaid as by the provisions of this Article would have been received to that date, by the party of the second part, its successor or successors, on account of such bonds, if such issue had been made on or before the said first day of Februaiy, eighteen hundred and seventy- four ; and the said party of the first part shall also pay on or before the first day of February, in every year after such first payment, a sum equal to one per cent, in gold coin aforesaid of the aggregate principal of such bonds, and interest at the rate of seven per cent, in the same coin on all i)ayments there- tofore made. And in case such satisfaction and discharge of the said Satisfaction of Mort- trust deed or mortgage of the Union Pacific Railway Uom- pany. Southern Branch, shall have been in c()nse(iuence of theem Branch, payment or redemption of the bonds secured by such deed of trust or mortgage under the provisions in that behalf therein contained, then the moneys, notes, bills, bonds, choses in action, mortgages, and all other things of value remaining in possession of, or held by, the Trustees of said deed of trust or mortgage, shall be paid, assigned, transferred, and set over unto the party hereto of the second })art, its successor or suc- cessors in this trust, and shall thereafter become and be held upon the trusts herein expr(‘ssed and declared ; and the moneys so i)aid, and all other sums collected or received from the said choses in action, and other securities so transferred as afore- said, shall })e and become a i)art of the trust fund created and set apart for the })aymentof the interest iqx)!!, and the redemp- tion of the bonds issued under and by virtue of these i)resents. It is furtlier Expressly Uii(lerstoo::e the rcf^ist ration in manner aforesaid; and so from time to time as the ownei- for th(‘ time btung may desires ; and that the registered holder may also have th(‘ right to r(‘gister the bond as payabh* to bearer, in which cast; the liond and interest coupons shall be payable* to the holder [)i’esenting the same. And any holder of a bond so r(‘gistt‘r(‘d as })ayable to bearer may ajrain cause it to be re<>;istered in his name, with the same effect as the first registration, and succ(‘ssive registrations may in the same mamu^r be madt; from time to time as may be desired ; and also that the holdm* of any of said bonds may, jit his o})tion, surrender the coupons attached thereto to be cancelled, in which case interest thereon will thereaft(‘r be j)ayable to him or his oi*der only. Registration of Bonds. Registration to Bearer. 200 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Company to make Li.sts, Schedules and Maps of Land. May re-value the Lands on Approval of Trustee. Article Ninth. — It is further Mutually Agreed, by and between the parties hereto, that the said party of the first part will, with all reasonable dispatch, make and deliver to the said party of the second part true and accurate lists, schedules, and maps showing the numbers, precise quantity of lands, location, position, and boundaries of each and every piece, parcel, sec- tion, or parts of sections of the aforesaid lands now owned, or any lands which may be hereafter owned or acquired by it, not required for the necessary or convenient operation of the Rail- roads of the party of the first part, and also lists and schedules showing the minimum valuation and prices at which the respective pieces, parcels, sections, or parts of sections of said lands may be sold and conveyed, as hereinafter provided, which shall be approved by the Board of Directors, and signed by the President and Secretary of the party of the first part, and also approved and signed by the party of the second part. But it is understood and agreed, by and between the parties hereto, that the said party of the first part by and with the consent and approval in writing of the party of the second part or of its successor or successors in this trust, may at any time, not oftener than once in each year from the date of the last approval by the party of the second part, revalue all of said lands not then sold, and reaffix to each })arcel or section of the then unsold lands a new minimum price, and upon the approval of the said party of the second part of such new valuation or minimum prices, the same ^hall thereafter become liinding upon both parties hereto. How Deeds shall be given to Purchasers of Land. And that the said Party of the First Part, with the con- sent in writing of said party of the second jiart, its successor or successors in this trust, may sell and convey any such lands not necessary or required to be retained for the convenience and use of the Company, and that whenever the said party of the first part shall, from time to time, certify to said Trustee that it has sold or contracted for the sale of any sec- tions, parcel or parcels of said lands, the said Trustee, its suc- cessor or successors in the trust, shall and will join with the said party of the first part in duly executing a deed or contract sufficient in law to convey to the purchaser, his heirs or assigns, all the right, title, interest, projierty, ])ossession, claim, demand, and estate of both the [)arties to this indenture in and to the parcel or section of land so sold. And the said party of the second })art shall and will deliver such deed or THE MISSOURI, KANSAS AND TEXAS RAILWAY. 201 contract to such purchaser, upon receiving from him the whole price of such parcel or section of land, either in cash, or, if such land be sold upon credit, then upon receiving from such })urchaser such portion of the said price as shall be agreed to be paid in cash ( which shall not be less than ten per cent, of , , , 1 • X -1 1 *1 PI J^ands may be Sold the whole price), together with a bond for the residue of the on Credit. purchase-money, secured by mortgage upon the land thus sold, executed by the purchaser to said party of the second part in due form, to secure to it the payment of the residue, with interest thereon at the rate of not less than seven percent, per annum, payable semi-annually or annually ; and every such bond and mortgage shall contain a provision to the effect that in case the interest thereon shall remain in arrear and un]:)aid for six months after the same shall become due, then the whole amount of the principal sum mentioned therein .shall there- upon, immediately after the expiration of the said six months, become due and payable ; and every such mortgage shall also contain a personal obligation on the })art of the purchaser and mortgagor to pay the principal and interest thereby secured, at the times and accordinj; to the terms, tenor and le<;al (‘ffect of said bond tlKU'ein mentioned. The deeds so to be given Mortgajje by shall bear even date with the bonds and mort<]:a<>::es so to be executed, and shall specify the actual and true amount of the whole consideration-money or })rice, and the manmu’ in which the same has becm paid or secur(‘d : (‘very such bond and mort- gagee shall be h(‘ld by .said Trustee for the pur[)ose of the trusts herein declared, and Jis })art of the trust estate, and as secur- ity for the bonds this mortgag(‘ is giv(‘n to .s(‘cure. Subject, how(ever, until the above mentioned mortgage* of the said Union Pacific Railway Company, Southern Branch, shall have be‘en fully satisheed, to the i-ight of the* 'rru.stees therein to receive oi* claim the consideration for the sale of any ])orti()n()f the lands incluel(;d in said morto:aj>:e. Aiiel it i.s fiirtluM* Af*i*(‘e*el, between the |)artie*.s hereto Expenses of Land that out of the i)roceed.s of sales of the afore.said hinds, the* said liarty of the second part shall pay, from time to time, as reepiired by the said Jiarty of the first })ai‘t, all necessary and [iropei’ (‘xpenses of the Land l)e})artnient of the said paify of the first })art, as shown by accounts thereof, to be* duly veri- fi(*(l, including salaries, ollice* (expenses of land commissioneu’s, expenses of ap|)raising, surveying, and locating lands, taxes, stanijis, jind fee*s, expemses of advertising, iirinting, and I*ur- ohaser to secure Tur- chase 3 lonev. rustee. 202 THE Proceeds of Sales paid into Sinking Fund. Conflicts of Title be- tween Company and Pre-emptors. Authorit}^ to increase Mortgage Debt, in case Road is extended or other Roads are purchased or con- structed. Rate, $20,000 and $25,000 per Mile. MISSOURI, KANSAS AND TEXAS RAILWAY. stationery, and of foreign agents, commissions on sales made by agents, gratuities and allowances for improvements, and legal expenses. And that said party of the second part shall retain to its own use out of the proceeds of said sales its own just allowances for services rendered and expenses incurred in the premises. And that the balance of the proceeds of sales of the aforesaid lands shall be appropriated to the purposes of the sinking fund hereinabove provided for the redemption of the bonds hereby secured, except as herein otherwise directed. And it is further Mutually Agreed, by and between the parties hereto, that in the event of a conflict of claims to the title to any of the above described lands, on the part of pre- emptors or other claimants or actual settlers thereon, the said party of the first part and the said Trustees, shall have power to amicably compromise, settle and adjust said claims, on such terms as said Trustees shall approve. Article Tenth. — It is further Mutually Agreed, by and between the parties hereto, that if the said party of the first part shall hereafter, under any right or franchise now owned by it, and not conveyed by this trust deed or mortgage, further extend its said road, or shall under any right or franchise now owned, or hereafter to be acquired, construct any other rail- road or railroads or become tlie owner of any other railroad already constructed, then for every such extension, and eveiy such railroad constructed or to be constructed, a further issue of bonds may be made hereunder by the said party of the first part, the aggregate amount of which shall not exceed the rate of twenty thousand dollars for every mile of road, where lands shall not have been granted by any State or by the United States to aid [in] the construction thereof, and twenty- five thousand dollars per mile in all cases where lands shall have been so ^ranted ; such bonds to be issued in the same proportions and upon the same condition[s] as hereinbefore pro- vided in Article Fourth for the issue of the bonds to which said Article relates; and in case said bonds are sold, the proceeds to be paid over as also in said Article provided. And all such bonds shall be of the same tenor as that provided for in the form of bond hereinbefore set forth, subject only to neces- sary variation as to the distinguishing numbers and the dates thereof, and shall bear numbers running from the number fourteen thousand upwards, and shall be entitled to the benefit of a sinking fund, to be created in the same manner as is here- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 20P> iiibcfore provided. And the said party of the first part hereby aofrees to execute and deliver to the said party of the second part, further ^ I ./ L Assurance. its successor or successors, upon every such further issue of bonds, any further reasonable and necessary trust deed or mort- gage, to bring in and subject to the conditions of thesepresents every such extended or future accpiired road, any [and] every other land and property, real or personal, that may here- after be acquired by it for the purpose and with the intent of securing the payment of the said bonds composing every such increased issue, as well as the bonds hereinabove described, equally and alike upon the property of the said party of the first part, with the interest due and to grow due thereon, and the payment to said Trustee of the said sinking fund, in the same manner as if all said bonds had been originally secured by one and the same trust deed or mortgage. Provided, however, that if any Railroad or Railroads which Koads acquired and may hereafter be jicquired by the party of the first i)art shall, at the time of such acquisition, be subject to the lien of any trust deed or mortgage thei*etofore made to secure bonds then outstanding, no more bonds shall be issued hereunder on any such Railroad or Railroads than such an amount as shall, together with such outstanding bonds, be ecjual to the rate per mile hereinbefore mentioned; but bonds may be issued here- under on any such Railroad or Railroads in exchange for an equal amount of such outstanding bonds. Article Eleventh. — The said Party of the First Part, Covenant to pay hereby further agrees that it will })ay or cause to be paid bonds herein mentioned, and the interest thereon according to the terms thereof, and jdl taxes, levies, and assessments imjiosed and jissessed, or which may hereafter be impos(‘d or assessed u[)on tin; ])reniises, franchises, and property hereby conveyed or intended so to be, and also the Ibiited States Government tax upon the interest payable on said bonds and each of them, and represented by the coupons annexed to said bonds, and will, at its own cost and exiiense, do or caused to be done all things necessary to preserve and keep valid and intact the lien or incumbrance hereby created. Article Twelfth. — In Case I>efault shall he nia New York, March 13, 1871. ) Hon. Levi Parsons, President, Missomd, Kansas and Texas Railway Company: Sir : We state for the information of purchasers of bonds issued by your Company and secured by the Consolidated Mortgage, bearing date February 1, 1871, that we were asso- ciated with the standing counsel of your company, Morris & Billings, Esqrs., in the preparation of the mortgage; that we examined with great care the various Acts of the Legislatures of the States of Kansas and Missouri, whereby the Union Pacific Railway Company, Southern Branch, the Labette and Sedalia Railway Company, and the Tebo and Neosho Railroad Company, were severally incorporated and were afterward consolidated and merged in the Missouri, Kansas and Texas Railway Company; that we also carefully examined the various Acts of Couffress and of the Lecrislature of the State of Kansas, whereby the Missouri, Kansas and Texas Railway Company acquired title to their lands situate in Kansas, and also the Acts of Congress, the decision of the Secretary of the Interior, and the approval and order of the President of the United States, whereby the Missouri, Kansas and Texas Railway Company secured the exclusive right to extend their road through the Indian Territory to the State line of Texas, with the right to the lands in the Indian Territory, granted by Act of Congress to aid in the construction of the road. The recitals in the mortgage wei'e pre})ared by Mr. Morris and ourselves after such examination. The various provisions contained in the mortgage were approved by us, and are, in our judgment, better calculated to insure a pronq)t payment of principal and of interest, and to protect all the rights of bondholders, than any other railroad mortgage we had occa- sion to examine. Yours respectfully, Stakr & Rugcjlfs. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. ADDITIONAL MORTGAGE, JUNE I, 1872. THIS INDENTURE, made the hrst day of June, one thou- sand eight hundred and seventy-two, between the ^IrssouRi, Kansas and Tr:xAS Railway Company, of the one part, and the Union TPtLSx Company, of New York, of the other jiart ; Whereas, the said partjMif the first part did heretofore, and Consolidated MoiT- on or about the first day of February, one thousand eight liun-^^^“^ di’ed and seventy-one, duly make, execute aud deliver unto the said part of the second part, a certain trust deed or Consoli- dated Mortgage, whereby the said party of the first part did duly grant, liargain, sell, assign, transfer, and convey unto the said party of the second part all the jiroiierty, both real and personal and mixed, and all the corjxirate rights, jaiwers, fran- chises and privileges therein fully set forth and d(‘scribed, to have and to hold tlu5 same unto the said party of the second part, its successor or successors and assigns, in trust, to secure the iiayment of bonds in the sum of one thousand dollars each, secure Bonds amounting to the aggregate princi})al sum of fourteen millions 000 , 000 . of dollars, and numbered from one to fourtcim thousand, both inclusive, and for the uses, intents, and purposes in the said indenture of mortgage fully ex[)ressed and declared as by ref- erence thereto, now being in the })roper custody of the i)arty of the second part, and also duly recorded, among other places, in the office of the R(‘corder of the County of Pettis, in the State of ^lissouri, will more fully and at large appi^ar ; And Wlierejis, among the other terms, provisions, and arti- Article Tenth, Con- , . • 1 • 1 j • 1 I . 1 solidated Mortejage cles in the said indenture ot mortgage contained, the 1 enth of Feb. l, 1871. Article tlun-ein is in the words following, that is to say: “ Afm'KTJO Tfn rii. — It is furtlier 3Iiitiially Aj*reed by and b(‘tween th(‘ parties h(‘reto, that if the said party of the first ( 21J ) 214 THE MISSOURI, KANSAS AND TEXAS RAILWAY. pjirt shall hereafter, under any right or franchise now owned by it, and not conveyed by this trust deed or mortgage, fur- thur extend its said road, or shall, under any right or fran- chise now owned or hereafter to be acquired, construct any other railroad or railroads, or become the owner of any other rail- road already constructed, then, for every such extension and every such railroad constructed or to be constructed, a further issue of bonds may be made hereunder by the said party of the first part, the aggregate amount of which shall not exceed the rate of twenty thousand dollars for every mile of road, where lands shall not have been granted by any State, or by the United States, to aid in the construction thereof, and twenty- five thousand dollars per mile in all cases where lands shall have been so granted; such bonds to be issued in the same proportions and upon the same conditions as hereinbefore provided in Article Fourth for the issue of the bonds to which said article relates, and in case said bonds are sold, the proceeds to be paid over, as also in said article provided. And all such bonds shall be of the same tenor as that provided for in the form of bonds hereinbefore set forth, subject onl}' to necessary variation as to the distinguishing numbers and the dates thereof, and shall bear numbers running from the num- ber fourteen thousand upward, and shall be entitled to the benefit of a sinking fund, to be created in the same manner as is hereinbefore provided. And the said party of the first part hereby agrees to execute and deliver to the said party of the second part, its successor or successors, upon every such fur- ther issue of bonds, any further reasonable and necessary trust deed or mortgage, to bring in and subject to the condi- tions of these presents every such extended or future acquired road, and every other land and property, real or per- sonal, that may hereafter be acquired by it for the purpose and with the intent of securing the payment of the said bonds composing every such increased issue, as well as the bonds here- inabove described, equally and alike upon the property" of the said party of the first part, with the interest due and to grow due thereon, and the payment to said Trustee of the said sinking fund, in the same manner as if all said bonds had been originally secured by one and the same trust deed or mortgage . Provided^ however, that if any railroad or railroads which may hereafter be acquired by the party of the first part shall, at the time of such acquisition, be subject to the lien of any trust deed or mortgage theretofore^ made to secure bonds then outstanding, THE MISSOURI, KANSAS AND TEXAS RAILWAY. 215 no more bonds sluill be issued hereunder on any such railroad or railroads than such an amount as shall, together with such outstanding bonds, be ec^ual to the rate per mile hereinbefore mentioned ; but bonds may be issued hereunder on any such railroad or railroads in exchange for an equal amount of such outstanding bonds.” And AVhereas, the Fourth Article in the said indenture of Article Fourth, Con- solidated Mortgage of Feb. 1, 1871. mortgage contained is in the words following, to wit : “ Article Fourth. — The remaining' Four Thousand of the Bonds secured hereby, being those numbered from ten thou- sand and one to fourteen thousand, both inclusive, shall be issued and used only for the construction of the proposed extension of the railway of the party of thelirst part, south of the Arkansas River, and extending southerly a distance of one hundred and sixty miles, more or less, through the Indian Territory as herein- before recited. Such bonds shall only be issued and delivered to the party of the first part in })ro})ortionate amounts, and upon the completion of any section or sections of said road, the length of which completed section or sections shall be deter- mined by the cei-tificatcs of the Uhief Engineer and General Supei’intcndent and the President of the party of the first })art: Provided^ however, that whenever any contract or contracts for the construction of any fifty mil(‘S of such ju’oposed exten- sion shall be niad(‘, a })r()})ortionate amount of said bonds shall, at the option of the party of the first part, be issued and delivered to it by the party of tin* second part, to be used in the construction, completion and e(piipment of such })ortion oi’ portions of I'oad: w\u\ 2)vovided further ^ that all or any part oi' portion of such bonds may be oflci’ed for sale at any time hereafter; and in case sales thereof shall be made, the proceeds shall be received by the party of the second part, its successor or successors in this trust, and proportionate amounts thereof, determined in like manner, shall be})aidto the i)arty of the first ])art, in place of a delivery of bonds, as in this arti- cle is provided.” And Wliereas, since the execution and delivery of the said ^^ailroad Property indenture of mortgage the said i)arty of the first part has acquired and become the owner of other corporate railroad rights and franchises and property, real and personal, and described as follows, to wit: FritST.— All siieli Corporate Uisflits, powers, privileges, and franchises, and proi)erty, real, personal, and mixed, as were Neosho R. R. Co. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 21 () By Deed of May 23 1872. Line north of Sedalia. conveyed .‘ind transferred by the consent of stockholders, as required by law, to the party of the first part by the Tebo and Neosho Railroad Company, duly incorjiorated by act of the General Assembly of the State of Missouri by an act entitled “ An Act to incorporate the Tebo and Neosho Railroad Com- pany,” approved January IG, l^>()0, by deed duly executed and delivered and bearing date the twenty-third day of May, one thousand eight hundred and seventy-two, and therein described as follows : “ All the railroad, the title to which still remains vested in and owned by the said party of the first part, being the extension of the line of the railroad of the party of the first part, north from Sedalia, in the County of Pettis, and State of Missouri, b}^ way of Boonville, in Cooper County, Fayette, in Howard County, and Moberly, in Randolph county, to some suitable point on the Hannibal and St. Joseph Railroad, and thence to the railroad bridge at West Quincy, in Marion County, all in said State of Missouri, and which said extension was heretofore, and on or about the second day of July, in the year one thousand eight hundred and sixty-nine, made by the party of the first part pursuant to the powers con- ferred by their act of incorporation, being an act of the Gen- eral Assembly of the State of Missouri, entitled, “ An Act to incorporate the Tebo and Neosho Railroad Company,” approved January Ifith, 18b0, and the several acts and laws amending the same ; and also, all the property, real, personal and mixed, of every kind and nature, including all the lands, tenements, and hereditaments and rights of way, and all lands appropriated for depots, superstructures, buildings, erections, and fixtures, and all other property appurtenant to the exten- sion of said railroad as above described; and also, each and every other extension or extensions, branch or branches of said railroad heretofore made or declared under and by virtue of any corporate power, franchise, or privilege conferred upon or vested in the said party of the first part by its act of incorporation aforesaid; ayid also, all the corporate rights, ))owers, franchises, and privileges of every kind and nature whatsoever the same be, which were created and conferred upon the i)arty of the first part by said act of incor])oration, or by any act or acts of the General Assembly of the State of Missouri, or any law or laws of said State, and which arc still held and owned, possessed and enjoyed by the party of the first part including the right to declare branches or extensions.” THE MISSOURI, KANSAS AND TEXAS RAILWAY. 217 Skconi). — All such Corporate Rights, powers, privileges, From the St. Loui^& and franchises, and property, real, personal, and mixed, which' were heretofore conferred upon, vested in, held, and owned by the St. Louis and Santa Fe Railroad Company, ^Missouri Divis- ion, a corporation duly created and organized under and by virtue of the laws of the State of Missouri, and conveyed to the said party hereto of the first part by the Land Grant Rail- way and Trust Company, a corporation duly organized under and by virtue of the laws of the State of Missouri, by deed duly executed and delivered, and bearing date the twenty- ^ f m; 29 ninth day of May, one thousand eight hundred and seventy- ^ two, all such corporate rights, powers, privileges, and franchises, and property, real, personal, and mixed, which were heretofore vested in and held and owned bv the said St. Louis and Santa Fe Railroad Company, ^Missouri Division, having been sold to tlie said the Land Grant Railway and Trust Compan}^ Iw Francis Skiddy and Shep[)ard Gandy, Trustees, underand by virtue of the powers conferred upon them in and by a certain trust deed or mortgage, made and executed by the said the St. Louis and Santa Fe Railroad Com})any, and l)earing date the first day of December, eiirhteen hundred and seventy, and conv(y(‘d by said Trustees to said Land Grant Railway and Trust Company by an indenture duly made and executed, bearing the date the twenty-ninth day of April, one thousand eight hundi-ed and seventy-two, and in and by the several indentures, d(‘scribed as follows: — “All and singular, tin* said j)ortion of the raili’oad of the said Line from Holden St. Louis and Santa F(‘ Railroad Company , Missom-i Division, which said company was authorized to constiaict from the the town of Holden, on tlu^ Missouri Pacitie Railroad, in the Countv of dohnson. State of ^lissouri, thence into and throuixli the municipal township of Camp Rranch, and into and through the municipal townshi}) of Grand River, and into and through the cor[)orate limits of the City of Harrisonville, in Cass County, and thence westwardly upon the most direct j)racti- cable rout(‘, according to the conditions of the sul)scri[)tion of Dohui Township to the ca[)ital stock of said St. Louis and Santa Fe Railroad Conn)any, Missouri Division, to the western houndaiy line of the said State of Missouri, in the direction of the town of Paola, in the State of Kansas, a distance of about thirty-eight miles, together with all lands, tenements, and hereditaments accpiinal, or to be ac(iuii*ed, for rights of way for the said ])ortion of railroad hereby conveyed, and all the State Lino, 38 Miles- THE MISSOURI, KANSAS AND TEXAS RAILWAY. lHS appurtenances thereto belonging, and also all lands ac(|uired and appropriated, or to be acquired and appropriated for depots, superstructures, buildings, erections, and fixtures on the said line of railroad and all tracks, bridges, v iaducts, cul- verts, fences, and all houses and buildings thereon or apper- taining thereto, and other property, real or personal, now owned or hereafter to be acquired by the party of the first part, its successors or assigns, for the construction, operation, or manao-ement of said line of railroad, includinfr all locomo- fives, tenders, cars, and other rolling stock and equipments, machinery, tools, materials, and also all the franchises, powers, rights, and privileges belonging or applicable to said portion of railroad between the points above named, now owned or possessed, or which may hereafter be by said party of the first part acquired for the construction, maintenance and operation of said portion of railroad.” Neosho Valley and Holden R. R. Co. Line from M., K. & T. Ry. to Eastern Boundary Line of State, 100 Miles. And Whereas, the Neosho Valley and Holden Railroad Company was a corporation heretofore, and on or about the seventh day of May, in the year one thousand eight hun- dred and seventy, duly created and organized under and by vir- tue of the laws of Kansas for the purpose of constructing, maintaining and operating a railway line commencing at some convenient point on the main line of the road of the Missouri, Kansas and Texas Railway Co3ipany, a coi-poration created under the laws of the State of Kansas, in Lyon or Morris Counties, in said State, and thence running in an easterly direction through the Counties of Osage, Franklin, and Miami to apoint on the eastern boundary line of said State, where the road of the St. Louis and Santa Fe Railroad Company, Mis- souri Division, a corporation created under the laws of the State of Missouri, now being constructed from Holden, in Johnson County, State of Missouri, southwesterly via Harrison- ville, will cross said boundary line from Cass County, ^Missouri, the length of said railway line being about one hundred miles, as by reference to the certificate of incor})oration duly filed in the office of the Secretary of State, State of Kansas, on the day last above named, will more fully appear; Consolidation of Neosho Valley & Holden K. R. Co. with M., K. T. Ry. Co. And Whereas such proceedings w(‘re th(‘rcafter, and on or about the eighteenth day of May, one thousand eight hundred and seventy, had and taken pursuant to law, between the s;iid Neosho Valley and Holden Railway Company, and the party hereto of the first part, whereby tlnusaid two corj)orations wei-e THK MISSOURI, KANSAS AND TEXAS RAILWAY. 219 oonsolidjitecl niul bocaiiic one corporation under the name of the said party hereto of the first part, as by referenee to the indenture of consolidation, duly filed in the office of the Secre- tary of State, State of Kansas, on the day last above named will more full appear ; And AVliereas the said party the first part is desirous of Further Issue of borrowing money ‘for the purpose of building, equipping Co"soUdated'\lort-’ operating all such roads and portions of roads herein described of Feb. 1, 1871. as are not yet fully constructed and equipped, and for that purpose has resolved to make a further issue of bonds under and by virtue of the right and privilege reserved in and b}" the said “ Article Tenth,” hereinbefore set forth and recited, which said bonds shall be in the sum of one thousand dollars each, amounting to the aggregate princi])al sum of two mill- ions, five hundred thousand dollars, and numbered from four- teen thousand and one to sixteen thousand five hundred, both inclusive; and that each of the said bonds shall be in the words and figures following, subject only to necessary varia- tion as to the distinguishing numbers and amount thereof: Unftkd States of V.MEinrA, States of Kansas and :\Irssorni. Form of Bond. MISSOURI, KANSAS AND TEXAS RAILWAY COM- PANY. Fir^t Mortfjnije Seven per Cent. Land Grant and SinJdng Fund, Gohl Fond. No. $1, ()()(). FREE OF F. S. (JOVEKN.MEXT TAX. Know all Men by tli<‘se Presents, that the Missoiuu, Kan- sas AND Texas Railway Co.mi'anv is indebtiul to tlu' Union Trust Company, of New '\"ork, or b(‘arer, in the sum of one thousand dollars, in gold coin of the United Stat(\s, which th(‘ said Railway Company t)romises to pay to the b(‘ar(‘r luu-eof on the first day of June, in the year ninetiam hundnul and five, in the City of New York, with interest thereon from the date hereof, at the rate of seven per cent. |)er annum, payabh‘ Go\d — PrS^ in gold coin aforesaid, semi-annually, at its ofliei^ oi* jigimcy in theC Jty of New York on the first days of August and Feb- ruaiy in (aich year, upon the presentation and surrender of the coupons hei’eto attached, Jis they severally become due as [)rovid(Ml therein ; and in case of (UTault in th(‘ jiayment of 220 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Bonds No«. 14,001 to 16,500. Art. 10, Consolidated Mortgage of Feb. 1, 1871. Sinking Fund. Registration and Transfer. jiny half-yearly installment of interest, which shall have become due and been demanded, and such default shall have con- tinued six months after demand, the principal of this bond shall become due in the manner and with the effect provided for in the trust deeds or mortofao:es herein mentioned. This bond is one of a further issue of bonds numbered con- secutively from fourteen thousaild and one to sixteen thousand live hundred, both inclusive, each for the sum of one thousand dollars, amounting in the aggregate to the sum of two mill- ions, five hundred thousand dollars, all of which are of like tenor, date, and effect, and such further issue is made pursuant to Article Tenth of a certain trust deed or morto^ao-e, dated the first day of February, in the year eighteen hundred and seventy-one, duly executed and delivered by the said Kailroad Company, and recorded in the proper offices in the States of ^Missouri, Kansas, and elsewhere, and conveying to the said Union Trust Company, of New York, in trust, the corporate property, real and personal, of the party of the first part, therein described, and all its franchises and the privileges appertaining thereto as set forth in said trust deed or mort- gage, and this further issue of bonds, together with the four- teen thousand bonds named in said trust deed or mortfraofe, are secured equally and alike thereby, and by another trust deed or mortgage bearing date the first day of flune, one thousand eight hundred and seventy-two, duly executed and delivered by the said Kailway Company, and duly recorded, conveying to the said Trust Conq)any the corporate property, real and personal, therein described, acquired by said Kailway Company since the execution of the said former trust deed or mortgage. This bond is entitled to the benefit of a siidving fund, as provided by said trust deeds or mortgages whereby the princi- l)al of said bond will be redeemed in thirty-three years from the date hereof. Bonds ecjual in amount to the accumula- tions in said sinking fund will be redeemed at their par value annually, commencing after the first day of February, 1875. Notice of the numbers of the bonds so allotted for redemption will be published, in two or more daily newsi)apers j)rinted in the City of New York, for sixty days, at the exi)i ration of which time interest thereon shall cease. This bond shall pass by delivery or by transfer on the books of the Com])an 3 ^ in the City of New York, and such other places in this country and in Euro])e as said (k)mpany may hereaftei’ designate. Aft(*r a registration of ownershiji certi- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 221 tied hereon by the Secrebuy of the Company or its transfer agent, no transfer, except on the books of the Company, shall be valid unless the last transfer shall have been to bearer; the bond to be entitled to successive registrations and transfers to bearer, at the option of each holder, and other privileges in that behalf mentioned in said trust deed or mortorao-e. This bond shall not become obligatory until it shall have been authenticated by a certificate indorsed hereon, duly executed by the Trustee aforesaid, to the effect that the same is properly issued. ( SEAL) In Witness Whereof, the said Missouri, Kansas AND Texas Railway Coimpanit has caused these presents to be executed by its President and Secretary, and its corporate seal to be hereto affixed, this first day of June, A. D., eighteen hundred and seventy-two. , Secretary. , President. And Whereas the said party of the first l)art, in pursuance Further Trust Deed of its agreement contained in Article Tenth aforesaid, and Bonds, ject to the restrictions in said article contained, is d(*sirous of executing and delivering to the said party hereto of the second part, upon such further issue of bonds, a further trust deed or mortgage conveying the pro})erty her(‘inafter described and so acquired as aforesaid, for the purpose and with tlu^ intent of securing the. jiayment of the said bonds conqiosing such further issue, according to tin*, temor and effect of the jirovi- sion in tlie said articles contain(‘d; Aiul Wh<‘reas, the railroads lun’ein described are not, nor is Railroads herein either of them, subject to the liem of any trust deed or mort- gage heretofore made ; Now, Therefore, This Iiidentiire Witiiesseth, that the .said '^"'^’® conveys. party hereto of the first part, foi* and in consideration of th(‘. premises and of the sum of one dollar to it duly paid by the party hereto of the second part, and in order to secure the payment of the [irincijial and interest of the sjiid further issiu^ of bonds, according to the tenor thereof, hath granted, bar- gained, sold, assigned, transferred, and conveyed, and by these presents doth grant, bargain, sell, assign, transfer, and convey, unto the said party of the second j)art, its lawful suc- cessor or successors in the trust hereby created, and assigns: 222 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Koad from fcjed alia to FiitsT. — All iiiid Siliguliir the Itailroad of the party hereto Moberly, 7.. Miles. part, HOW ill process of construetion, extending from Sedalia aforesaid northerly to Moberly aforesaid, a dis- tance of seventy -two miles, lieing a part of the railroad men- tioned in the aforesaid conveyance, from the Tebo and Neosho Railroad Comjiany to the said party of the first part, and by the hereinbefore recited description more particularly described, together with all the rights, powers, privileges, and franchises belonging or in anywise appertaining to the railroad hereby conveyed or intended so to be, excepting and reserving nevertheless any right or franchise to construct any bridge on said line, or any liridge that may be hereafter constructed on said line over the Missouri River, for the use of said road. Road from Holden to SECOND. — All such Corporate Rights, powers, privileges. State Line, 38 Miles. liji* i i ^ ii-ii-u and franchises, and property, real, personal, and mixed, which were heretofore conferred upon, vested in, held, and owned by the said the Saint Louis and Santa Fe Railroad Company, Missouri Division, and conveyed to the said party hereto of the first part by the said Land Grant Railway and Trust Com- pany by the deed hereinbefore mentioned, and by the descrij)- tion hereinbefore recited, the length of line of which said railroad between its termini aforesaid is thirty-eight miles, and which said railroad is now constructed, equipped, and in running order. Road from state TiiiRD. — So much of the Line of Railway heretofore MUes^^ f*aola, 15 belonging to the Neosho Valley and Holden Railway Compaii}^ and heretofore consolidated and made one corporation with and under the name of the party hereto of the first part as above recited, as extends from that point on the eastern boundary line of the State of Kansas where the railway or road of the said the Saint Louis and Santa Fe Railroad Company, Mis- souri Division, crosses said lioundary line from Cass County, Missouri, to the town of Paola, in Kansas, a point in the line of said road distant fifteen miles westerly from said boundary line, together with all lands, tenements, and hereditaments acquired or to be acipiired for rights of way for the said })or- tion of railroad hereby conveyed, and all the aj)purtenances thereto belonging, and also all lands acquired and appro- priated, or to be accpiired or a})propriated, for depots, superstructures, buildings, erections, and fixtures on the said line of railroad, and all tracks, bridges, viaducts, cul- verts, fences, and all houses and buildings thereon or THE MISSOURI, KANSAS AND TEXAS RAILWAY. 22 api)ortiiiinng thereto, and all other property, real or personal, now owned or hereafter to he accpiired by the party of the tirst part, its successors or assigns, for the construction, operation, or management of said line of railroad, including all locomotives, tenders, cars, and other rolling stock and equipments, machinery, tools, materials, and also all the fran- chises, powers, rights, and privileges belonging or applicable to said portion of railroad between the points above named, now owned or possessed, or which may hereafter be by said part}^ of the first part acquired, for the construction, main- tenance, and operation of said portion of railroad, and which said railroad is now constructed, equipped, and in running order. To Have and to Hold, all and singular the above mentioned and described premises, rights, franchises, railroads, and real and personal property, unto the said party of the second part, its successor or successors and assigns, in trust and for the uses, intents and purposes hereinafter expressed and declared of and concerning the same ; that is to say : To have and to hold. Article First. — No One of tlie said ]$onds shall hem * » x Trustee s Certiticate, deemed Issued, or be valid or secured by this mortgage until there shall have been indorsed iqion it a certiticate duly signed by the party of the second part, its successor or successors in this trust, to the effect following, viz: “The within bond is one of a further issue of twenty-five hundred bonds under and in pursuance of Article Tenth of the Consolidated Morttraire made liy the Missouri, Kansas and Texas Railway Com- pany, and is secured thereby and by a further trust deed or mortgage as in said article provided.” Article Second. — One Thousand and Sixty of Bonds Nos. 14,001 to Hoiuls, being those numbered from fourteen thousand and one 16.060 issued forth- to tifteen thousand and sixty, both inclusive, shall be issued 15 , 061 to 16,500 '’to and forthwith delivered to the i)arty of the tirst pjirt. remaining fourteen hundred and forty of the bonds secured Soberly, 72 Miles. hereby, being those numbered from tifteen thousand and sixty- one to sixteen thousand five hundred, both inclusive, shall be issued and used for the construction of tlie extension of the railway of the party of the tirst jiart from Sedalia to Moberly aforesaid, a distance of seventy-two miles. Such last named bonds shall only be issued and delivered to the party hereto of the first part in proportionate amounts, and upon the comple- THE MISSOURI, KANSAS AND TEXAS RAILWAY. Upon Consolidated tioii of aiiy sectioii oi* scctioiis of said road, the length of which Sections of Road, completed section or sections shall be determined by the certi- ficate of the Chief Engineer, the General Superintendent, and the President of the party of the first part; provided, however, that when any contract or contracts for the construction of any part or section of such extension shall be made, a propor- tionate amount of said bonds shall, at the option of the party of the first part, be issued and delivered to it by the party of the second part, to be used in the construction, completion, and equipment of such part or section of road; provided , further, that all or any part or portion of such last mentioned bonds may be offered for sale at any time hereafter and in case Proceeds of Bondi thereof shall be made, the proceeds shall be received by sold paid to Truste*. the party of the second part, its successor or successors in this trust, and proportionate amounts thereof, determined in like manner, shall be paid to the party of the first part in the place of a delivery of bonds as herein provided for. Sinking Fund. ARTICLE Third. — And for the Purpose of providing a Sinking- Fund for the redemption of the bonds secured hereby, the party of the first part further agrees to pay to the party of the second part, its successor or successors in this trust, on the first day of February, in the year one thousand eight hun- dred and seventy-five, a sum equal to one per cent, in gold coin aforesaid, of the aggregate principal of said bonds ; .and also, to pay on or before the first day of February in each year thereafter a like sum, and interest at the rate of seven per cent, in the same coin, u})on all payments theretofore made, such payments to be made into the sinking fund created by Article Fifth of the Consolidated Mortgage aforesaid, and to be applied ecpially and alike with the fund thereby created to the redemption of all the bonds of the party hereto of the first part. Issue, Exchange and ARTICLE FoURTll. — The said Party of the First Part, here^^der fn right, at liis option, to issue or exchange and visions of $50, $100, reissue either or any of the bonds hereby secured, in subdi- $500 ^ ^ visions of fifty, one hundred, or five hundred dollars each, in such form as shall be approved by the said party of the second part, such subdivision bonds to be authenticated by certificates indorsed thereon, duly signed by the said party of the second part, and each of them to bear the number of the bond to which it shall belong ; and in addition thereto a letter of the alj)habet, commencing with the letter A for the first subdi- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 225 vision of every bond so subdivided, and so on in the eonseeu- tive order of the letters of the alphabet for the remaining subdivisions of every such bond. Article Fifth. — The Party of the First Part doth Registry Office to be hereby further covenant and agree to and with the party of the second part and its successor or successors in this trust, that the [)arty of the first part shall at all times hereafter keep at its office in the City of New York, and in such other places in this country or in Europe as it may hereafter appoint, a book or books, which shall be respectively designated as “ IVie Register of Bonds issued under the Consolidated Mortgage ; ” and that any holder of any of the bonds issued under the pro- visions of this indenture may there register his bonds upon i^egistry of Bonds, presenting the same ; and that when a bond is so registered in the name of any person, such })erson shall be deemed and regarded as the owner of such bond; and that all payments of either princii)al or interest thereon shall thereafter be made to him or to his order only; and that such payments to him or to his order shall be valid payments of such i)rincipal or inter- est, and a discharge to the party of the first part to the extent of the sums so paid. And also that such registry may be Change of Registry, changed upon presentation of the bond, with the written order of the person in whose name it is registered, })roperly authen- ticated, to the name of such })erson as may by the said written order be designated for the })urpos(‘, and he shall thereafter be deemed and regarded as the owner of the bond jind its interest coupons under the. same circumstanc(‘s and conditions, and with the same rights as the prior owner, including the right to change tin; registration in manner aforesaid, and so from time to time, as the owner for the time being may desire; and that th(‘ registered hohhn* may also have tlu^ right to register the bond jis j){iyable to bearer, in which case the bonds and interest coupons shall be })ayable to the holder pre- senting the same. And any holder of a bond so r(‘gistered as payable to bearer may again cause it to be registered in his name, with the same effect as the first registrjition, and suc- cessive registrations may, in the same manner, be made from time to time as may be desired ; and also, that the holder of any of said bonds may at his option surrender the coupons attached thereto to Ix^ canceled, in which case inter‘(*st thereon will then^after be payable to him or his order only. Registry of Bond Payable to Bearer. Till-: .MISSOURI, KANSAS AND TEXAS RAILWAY 22 (! Taxes, Levies and Assessments to be paid. In Case of Default. Arts. 12, 13 and 14 o Consolidated Mort- gage applicable hereto. Resignation, etc., of Trustee. Art. 15 of Consoli- dated Mortgage, applicable. Covenant for further Assurance. Article Sixth, — The said Party of tlie First Part hereby further agrees that it will pay or cause to be paid the bonds herein mentioned, and the interest thereon according to the terms thereof, and all taxes, levies, and assessments imposed and assessed, or which may hereafter be imposed or assessed upon the premises, franchises and property hereby conveyed or intended so to be, and also the United* States Government tax upon the interest payable on said bonds and each of them, and represented by the coupons annexed to said bonds, and will, at its own cost and expense, do or cause to be done all things necessary to preserve and keep valid and intact the lien or incumbrance hereby created. Article Seventh. — In Case Default shall be made in the payment of an}^ interest upon either of said bonds when the same shall become due and payable, or in the payment of any sum or sums of money hereinbefore provided to be made for the creation of said sinking fund, and such default shall con- tinue for six months after the same has been demanded, the whole principal sum mentioned in each and all of this said fur- ther issue of bonds then outstanding shall, at the option of the holders of a majority in interest of said bonds, forthwith become due and jiayable, and thereupon all the terms and pro- visions contained in Articles Twelfth, Thirteenth and Fourteenth of the said Consolidated Mortgage are hereby made applicable to such further issue of bonds, secured by this trust deed or mortgage, and to all the property, real, personal, and mixed, and the rights and franchises hereby conveyed. Article Phchth. — In Case of the Resig-natioii, removal, in- solvency, or incapacity or inability, for any other reason of the said party hereto of the second part to act in execution of trust hereby created, then the provisions contained in Article Fifteenth of said Consolidated Mortgage for the appointment of a new or provisional Trustee or Trustees are made applicable hereto. Article Ninth. — The Party of the First Part shall, from time to time, and at all times hereafter, and as often as there- unto reciuested by the party of the second part, its successor or successors, execute, acknowledge, and deliver all such fur- ther deeds, conveyances, and assurances in the law, for the better assuring unto the party of the second part, its successor or successors in the trust hereby created, upon the trusts herein THE MISSOURI, KANSAS AND TEXAS RAILVV AY. 227 expressed, tlie lands, railroads, eciuipnicnts, and appurtenances hereinbefore conveyed or intended so to be, and all other pro- perty and things whatsoever which may be hereafter accpiired •for use in connection with the same or any part thereof, and all franchises now held, including the franchise to be a corpora- tion, as by the party of the second part, its successor or suc- cessors, or by their counsel learned in the law, shall be reason- ably advised, devised, or required. Article Tenth. — And it is Further Agreed that the stamps u. s. Revenue required by the United States Revenue Laws, instead of being placed on this mortgage, shall be placed on the bonds secured hereby as the same shall be issued. Article Eleventh. — Provided, nevertheless, and it is ^^elease of this Mort- gage proportionally, hereby further agreed by and between the parties hereto, that how secured, in case the said party of the first part shall at any time here- after desire to grant, bargain, sell, assign, transfer and set over, divest itself of and part with the said hereinbefore described railroads and corporate railroad [iropm-tVi real, personal, or mixed, rights, jiowers, and franchises, or anyone of said railroads, or any part or portion of said coriiorate railroad propert^b real, iiersonal, or mixed, rights, powers, and franchises hereinbefore described and conviwed by this trust deed or mortgage, to any other cor})oration or corporations authorized by law to purchase and take the same, then iqion the surrender or cancelation of the whole of such further issue of bonds outstanding, tin* said party of the second part shall and her(*by covenants to r(‘leas(‘ the whole* of said railroad pro})erty from the lien and operation of this trust deed or mortgage, and to cancel and satisfy the same*, or to release any part or })ortion of said railroad t>i‘<>pti>‘ty h‘ss than the whole, u{)on the surrender or cancellation of the number of said bonds issued in })ro})ortion to the part or portion of said railroad property so sold, and to release such part or i)ortion from the lien and o})eration of this trust de(‘d or mortgage, including a release of a tiroportionate amount of the siiddng fund hereinbefore provided for the })ayment of said bonds. I’rovicled always, and this grant and conveyance is upon the Until Default nuide, exj)ress condition that until some default shall be made in the [laU^ay^Qompany.^^ l)erformance or observance of the conditions, obligations, or reituirements herein contained, the said i)arty of the first i)art shall be permitted to possess, manage, operate, and enjoy all the said railroads, with their e(pd[)ments and appurtenances. 228 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Defeasance. Kelease and Satis- faction. and all other the lands and premises, property and franchises hereinbefore described ; and that upon the payment in full of said bonds, and the interest due thereon, then the estate, title, and interest hereby granted shall cease, determine, and be void ; and the said party of the second part, its successor or suc- cessors in this trust, shall convey, assign, transfer, and deliver over to said party of the first part, and its successors, all the said railroads, their equipments and appurtenances, and all moneys, notes, bills, bonds, mortgages, choses in action, and property, real, personal, and mixed, and things of value remaining in its possession, and shall duly execute and deliver to the said party of the first part a proper release or satisfac- tion of this mortgage. In Witness Whereof, the said party of the first part has caused its corporate seal to be hereunto afiixed, and the same to be attested by the sig- natures of its President and Secretary ; and the said party of the second part, to evidence its acceptance of the trust hereby created, has also caused its corporate seal to be hereunto affixed and the same to be attested by the signatures of its President and Secretary, the day and year first above written. Levi Parsons, President. H. B. Henson, Secretary. Signed, sealed and delivered by the Missouri, Kansas, and Texas Railway Co., in presence of William II . Clarkson, J. H. Fairbanks. Union Trust Company of New York, By I. II. Frothingham, President. C. T. Carlton, Secretary. Signed, sealed, and delivered by the Union Trust Company, of New York, in presence of W. D. Vernam, William II. Clark- son. State of New York, ^ City and County of New York, ^ ^ * Notarial Certificate Be it rcineinberctl, that on this first day of rlune, A. I)., of Acknowledgment. |^y2, before me, William H. Clarkson, a (k)mmissioner of the THE MISSOURI, KANSAS AND TEXAS RAILWAY. 229 State of IMissoiiri, in and for the State of New York, residing in said City of New York, personally appeared Levi Parsons, the President of the Missounr, Kansas and Ti:xas Railway Company, and 11. B. Henson, the Secretary of the same Com- })any, to me respectively i)ersonally known to be such, who being b^'ine severally duly sworn, did depose and say that he, said Levi Parsons, resided in the City, County, and State of New York ; that he, said H. B. Henson, resided in the City of Brooklyn, in the State of New York; that he, said Levi Par- sons, was the President, and he, said H. B. Henson, was the Secretary of the said Company; that they know the corporate seal of said Company ; that the seal affixed to the foregoing in- strument is such corporate seal ; that it was so affixed thereto by order of the Board of Directors of said Company; and that they, the said Levi Parsons and H. B. Henson, signed their names thereto by the like order, as President and Secretary of said Company, res[;ectively . ArW they also severally acknowledged to me that they executed and delivered the said instrument, and that the same was their voluntary act and deed, and the voluntary act and deed of said Com})any, for the uses and purposes therein mentioned. Ill AVltiiess Wliereof, I have hereunto set my hand and atiixed my official seal. William H. ('lakkson, (yOnwiissi(})ier for Missou)‘i in ]^ew York, 117 Broadicat/ , Neir York City. Statk of New Youk, City and County of New Yolk I5e it reineiiibereil, that on this first day of June, A. 1)., 1872, bofore mo, William II. Clarkson, a Commi.xsioiioi- of the State of Kansas, in and for the State of New York, I’esiding in said City of New York, })ersonally ai)})eared Levi Ibirsons, the President of the iMissouin, Kansas and Texas. Railway Com- PANY, and H. B. Henson, the Secretary of the same Company , to me respectively personally known to be such, who being by me sevei’ally duly sworn, did depose jind say that he, said Levi Parsons, resided in the City, County, and State of NeM' York; that he, said H. B. Henson, resided in the City of Brooklyn, in the State of New York ; that he, said Levi Par- sons, wjis the President, and he, said 1 1. B. Henson, was the Secretary of said Company ; that they knew the corporate seal of said Company ; that the seal affixed to the foregoing instru- 230 THE MISSOURI, KANSAS AND TEXAS RAILWAY. ment is such corponite seal ; that it was so affixed thereto by order of the Board of Directors of said Compaiw ; and that they, the said Levi Parsons and H. B. Henson, signed their names thereto, by the like order, as President and Secretary of said Company, respectively. And they also severally acknowledged to me that they had executed the said instru- ment for the purposes therein mentioned, and that the same was their voluntary act and deed, and the voluntary act and deed of said Company. In Witness Whereof, I have hereunto set my hand, and affixed my official seal. William H. Clarkson, Commissioner for Kansas in Keio York, 117 Broadway, New York City, State of Nem' York, City and County of New York. Be it remembered, that on this fifth day of dune, A. D., Notarial Certificate of Acknowledgment. ore me, William H. Clarkson, a Commissioner of the State of Kansas, in and for the State of New York, resid- ing in said City of New York, personally appeared Isaac H. Frothingham, the President of the Union Trust Company, of New A^ork, and Charles T. Carlton, the Secretary of the same Company, to me respectively personally known to be such, who being by me severally duly sworn, did depose and say that he, said Isaac H. Frothingham, resided in Brooklyn, in the State of New York; that he, said Charles T. Carlton, resided in Brooklyn, in the State of New York ; that he, said Isaac H. Frothingham, was the President, and he, said Charles T. Carlton, was the Secretary of said Company ; that they know the corporate seal of said Company; that the seal affixed to the foregoing instrument is such cor})orate seal ; that it was so affixed thereto by order of the Board of Directors of said Company; and that they, the said Isaac 11. Frothing- ham and Charles T. Carlton, signed their names thereto, by the like order, as President and Secretary of said Company, respectively. And they also severally acknowledged to me that they had executed the said instrument for the purposes therein mentioned, and that the same was their voluntary act and deed, and the voluntary act and deed of said Company. Ill Witness Whereof, I have hereunto set my hand, and Jiffixed ni}^ official seal. William H. Clarkson, Commissioner of Kansas in New York. THE MISSOURI, KANSAS AND TKXAS RAILWAY. 231 Statf. of New York, City and County of New York- Be it reii.embei-e*oceeds of Sales . ^ . paid over to Trustee, may be ottered tor sale at any time hereafter; and in case sales thereof shall bo made, the proceeds shall be received by the party of the second part, its successor or successors in this trust, and jiroportionate amounts thereof, detiu'mined in like manner, shall be paid to the l)arty of the first })art, in place of a delivery of bonds as in this article is provided.” And Whereas, the said party of the first part is the owner Acts of Congress „ 1 • , . /. . . July or ttie right and tranchise by virtue of two several Acts of 26 , 1866 . Extension Congress, a})i)roved July 25th and July 2(;th, iHlili, anil the 236 tup: MISSOURI, Kansas and tp:xas railway. 2000 Bonds for Con- struction between Ft. Gibson and Ft. Smith. Form of Bond. Seven per cent. — Gold — Principal and Interest. order and approval of the President of the United States thereupon, to extend, construct, and operate their said rail- road from a point in their main line at or near P^ort Gibson, in the Indian Territory, southeast to Fort Smith, in the State of Arkansas, a distance of eighty miles; And Whereas, the said party of the first part has made and entered into a contract for the construction of said railroad extending as aforesaid, from a point at or near Fort Gibson, in the Indian Territory, to Fort Smith, in the State of Arkan- sas, and is desirous of borrowing money for the purpose of building, equipping, and operating the railroad herein described, and for that purpose has resolved to make a fur- ther issue of bonds, under and by virtue of the right and privi- lege reserved in and by the said “ Article Tenth,” hereinbefore set forth and recited, which said bonds shall be in the sum of one thousand dollars each, amounting to the aggregate princi- pal sum of two million dollars, and numbered from s ixteen ^ l^ousand five hiuidi-ed and one to eighteen thousand__fiye hun- dred, both inclusive ; and that each of said bonds shall be in the words and figures following, subject only to necessary variation as to the distinguishing numbers and amount thereof. United States of America, States of Kansas and Missouri. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. First Mortgage Seven per Cent. Land Grant and Sinking Fund Gold Bond. FREE OF UNITED STATES GOVERNMENT TAX. No. $1,000. Know all Men by tliese Presents, that the Missouri, Kan- sas AND Texas Railway Company is indebted to the Union Trust Company, of New A^ork, or bearer, in the sum of one thousand dollars, in gold coin of the United States, which the said Railway Company promises to pay to the bearer hereof, on the first day of November, in the year nineteen hundred and five, in the City of New AYrk, with interest thereon from the date hereof, at the rate of seven per cent, per annum, payable in gold coin aforesaid, semi-annually, at its oflice or agency in the City of New York, on the first days of August and PYbruary, THE MISSOURI, KANSAS AND TEXAS RAILWAY. 237 in each year, upon the })rcsentati()n and surrender of tlie coupons hereto attached, as they severally become due as pro- vided therein ; and in case of default in the payment of any half-yearly installments of interest, which shall have become due and been demanded, and such default shall have continued six months after demand, the principal of this bond shall become due in the manner and with the effect provided for in the trust deeds or mortg^atjes hereinafter mentioned. This bond is one of a further issue of bonds numbered con- ggj.jQgQf2000 Bonds, secutively from sixteen thousand five hundred and one to eighteen thousand five hundred, both inclusive, each for the sum of one thousand dollars, amounting in the aggregate to the sum of two million dollars, all of which are of like tenor, date, and effect ; and such further issue is made pursuant to Article Tenth of a certain trust deed or niorto-ac^e, dated the first day of February, in the year eighteen hundred and seventy- one, duly executed and delivered by the said Railroad Com- pany, and recorded in the proper ofiices in the States of Missouri, Kansas, and elsewhere, and conveying to the said L^nion Trust Company of New York, in trust, the cort)orate property, real and personal, of the party of the first part herein described, and all its franchises and the i)rivileges at)per- tainiim thereto, as set forth in said trust deed or mortijajje ; and this further issue of bonds, together with the sixteen thou- sand five hundred bonds above named, are secured e(jually and alike thereby ; and by anothei’ trust deed or mortgage, bearing date the first day of flune, one thousand eight hundred and seventy -two ; and also by another trust deed or mortgage l)ear-and Nov. 1, 1872. ing date the first day of November, one thousand eight hundred and seventy-two, all duly executed and delivered by the said Railway Company, and duly recorded, conveying to the said Trust Company the corporate proj)erty, real and personal, therein severally described. This bond is entitled to the benefit of a sinking fund, as l)ro- sinking Fund, vided by said trust deeds or mortgages, whereby the })rincipal of said bond will be redeemed in thirty-three years from the date hereof. Bonds ecpial in jimount to the accumulations in said sinking fund will be redeemed at their })ar value annually, commencing after the first day of February, 1870. Notice of the numbers of the bonds so allotted for redemption will he published in two or more daily newspapers printed in the City ^onds. of New York, for sixty days, at the ext)iration of which time interest thereon shall cease. 238 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Registry and Trans- fer of Bonds. Certification. Further Mortgage. This Indenture conveys This bond shall pass by delivery or by transfer on the books of the Company in the City of New York, and sueh other places in this country and in Europe as said Company may hereafter designate. After a registration of ownership, certified hereon by the Secretary of the Company or its Transfer Agent, no transfer, except on the books of the Company, shall be valid, unless the last transfer shall have been to bearer; the bond to be entitled to successive registrations and transfers to bearer, at the option of each holder, and other privileges in that behalf mentioned in said trust deed or mortgage. This bond shall not become obligatory until it shall have been authenticated by a certificate indorsed hereon, duly exe- cuted by the Trustee aforesaid, to the effect that the same is properly issued. Ill Witness Whereof , the said Missouri, Kansas ani> Texas Railway Company has caused these pres- ents to be executed by its President and Secre- tary, and its corporate seal to be hereto affixed, this first day of November, A. D., 'eighteen hundred and seventy -two. , President. , Secretary. And Whereas, the said party of the first part, in pursuance of its agreement contained in Article Tenth aforesaid, and sub- ject to the restrictions in said article contained, is desirous of executing and delivering to the said party hereto of the second part, upon such further issue of bonds, a further trust deed or mortgage conveying the property hereinafter described and so acquired as aforesaid, for the purpose and with the intent of securing the payment of the said bonds composing such further issue, according to the tenor and effect of the provis- ion in the said article contained. Now, Therefore, this Indenture Witnesseth, that the said party hereto of the first part, for and in consideration of the premises and of the sum of one dollar to it duly paid by the party hereto of the second part, and in order to secure the payment of the principal and interest of the said further issue of bonds, according to the tenor thereof, hath granted, bar- gained, sold, assigned, transferred, and conveyed, and by these presents doth grant, bargain, sell, assign, transfer, and convey, unto the said party of the second j)art, its lawful THE MISSOURI, KANSAS AND TEXAS RAILWAY. 239 successor or successors in the trust hereby created, and assigns : All and singular the Railroad so as aforesaid contracted to be „ , . •. ® , Road from Ft. Gib- built, extending from a point at or near Fort Gibson,in the Indian son to Ft. Smith, 80 , . ^ Miles Territory, southeasterly to Fort Smith, in the State of Arkan- sas, as the same is now located and surveyed, a distance of eighty miles, together with all the privileges and franchises acquired by the party of the first part under and by virtue of two several Acts of Congress, approved July 25th and July 26th, 1866, and the order and approval of the President of the United States thereupon to extend, construct and operate its railroad through the Indian Territory to Preston and Fort Smith ; and also all the right, title, and interest which the party of the first part now has or may hereafter acquire by reason of constructing the extension or branch of its said rail- road to Fort Smith aforesaid, in and to any land or lands granted by the Acts of Congress aforesaid, or which the o-ranted by party of the first part now has or may hereafter acniuire under and ac- . .. j quired from Indian or by Virtue of anv treaty or treaties from any Indian Nations. nation or tribe, or otherwise howsoever, aiqiertaining to the aforesaid branch or extension, together with all the rights, lirivileges, tenements, hereditaments, and a})purtenaees, in anywise belonging or aiiiicrtaining thereto, the land granted,, c CT' 1 I o r- Congressional under said Acts of Congress being ten alternate sections of land Grant, 10 Alternate O O on each side of said railroad. Sections. To Have and to Hold, all and singular tlie above mentioned To have and to hold, and described premises, right, franchise, railroad, and real and personal property, unto the said jiarty of the second i)art, its successor, or successors and assignee, in trust and for the uses, intents and inirposes hereinafter expressed and declared of and concerning the same; that is to say : Trusts declared. AirriCLE First. — Xo One of the said Ronds shall be deemed issued, or be valid or secured ])v this mortgage, until there shall have been indorsed iq)on it a certificate duly signed by the party of the second part, its successor or successors in this trust, to the effect following, viz.: “The within bond Trustees’ Certiiicate one of a further issue of two thousand bonds under and in pursuance of Article Tenth of the Consolidated Mortgage made by the Missouri, Kansas and Texas Railway Company, and is secured thereby and by further trust deeds or mortgages as in said article iirovided.” 240 THE MISSOUIH, KANSAS AND TEXAS RAILWAY. Bonds, how issued ARTICLE SECOND. — Twelve Hundred and Fifty of said and delnered. Bonds, being those numbered from sixteen thousand five hun- dred and one to seventeen thousand seven hundred and fifty, both inclusive, shall be issued and forthwith delivered to the party of the first part. The remaining seven hundred and fifty of the bonds secured hereby, being those numbered from seventeen thousand seven hundred and fifty-one to eighteen thousand five hundred, both inclusive, shall be issued and used for the construction of the, extension of the railway of the party of the first part, from a point at or near Fort Gibson to Fort Smith aforesaid, a distance of eighty miles. Such last named bonds shall only be issued and delivered to the party hereto of the first part in proportionate amounts and upon the completion of any section or sections of said road, the length of which completed section or sections shall be determined by Upon Certificate of certificates of the Chief Engineer, the General Superin- Chief Engineer, etc. President of the party of the first part; vided, however, that when any contract or contracts for the construction of any fifty miles of such extension shall be made, a proportionate amount of said bonds shall, at the option of the party of the first part, be issued and delivered to it by the part 3^ of the second part, to be used in the construction, com- pletion, and equipment of such part or section of road; and, provided further, that all or any part or portion of such last mentioned bonds may be offered for sale at an^" time hereafter; and in case sales thereof shall be made, the proceeds shall be received by the party of the second part, its successor or suc- cessors in this trust, and proportionate amounts thereof , deter- mined in like manner, shall be paid to the party of the first part in the place of a deliveiy of bonds as herein provided for. Article Third. — And for the Purpose of Providing a Sinking Fund for the redemption of the bonds secured hereby, the party of the first part further agrees to pay to the party of the second part, its successor or successors in this trust, on the first day of February, in the year one thousand eight hun- dred and seventy -five, a sum equal to one per cent., in gold coin aforesaid, of the aggregate principal of said bonds ; and, also, to pay on or before the first day of February in every year thereafter, a like sum, and interest at the rate of seven per cent., in the same coin, upon all })ayments theretofore made, such payments to be made into the sinking fund created by Article Fifth of the Consolidated Mortgage aforesaid, and to Proceeds of Bonds sold. Sinking Fund. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 241 be applied equally and alike with the fund thereby created to the redemption of liW the bonds of the party hereto of the first part. Article Fourth. — The said Party of the First Part shall of less ^ Denomination have the right, at its option, to issue, or exchange and reissue, than $1000. either or any of the bonds hereby secured, in subdivisions of fifty, one hundred, or five hundred dollars each, in such form as shall be approved by the said party of the second part, such subdivision bonds to be authenticated bj^ certificates indorsed thereon, duly signed by the said party of the second part, and each of them to bear the number of the bond to which it shall belong; and, in addition thereto, a letter of the alphabet, commencing with the letter A for the first subdivision of every bond so subdivided, and so on in the consecutive order of the letters of the alphabet for the remaining subdivisions of every such bond. Article Fifth. — The Party of the First Part doth Ree^ister of Bonds , , , 1 -^1 i 1 j. £ un^er Consolidated hereby further covenant and agree to, and with the party of ^Xo^tgage of 1871. the second part and its successor or successors in this trust, that the party of the first part shall at all times hereafter keej) at its office in the City of New York, and at such other [ilaces in this country" or in Europe as it may hereafter ajipoint, a book or books, which shall be respectively" designated as “ The Register of Bonds issued under the Cbnsolidated Mort- gage; ” and that any holder of any" of the bonds issued under the provisions of this indenture may there register his bonds upon presenting the same ; and that when a bond is so regis- tered in the name of any" person, such [lerson shall be deemed Registration of and regarded as the owner of such bond; and that all })ay"- ments of either jirincipal or interest thereon shall thereafter be made to him or to his order only"; and that such })ayments to him or to his order shall be valid })ay"ments of such principal or interest, and a discharge to the party of the first part, to the extent of the sums so riaid. And also, that such,,, , „ . Change of Registra- registry may be changed iqion iiresentation of the bond withtion. the written order of the jierson in whose name it is registered, pro})erly authenticated, to the name of such person as may by" the said written order be designated for the purpose, and he shall thereafter be deemed and regarded as the owner of the bond and its interest coupQtis under the same circumstances and conditions, and with the same rights as the prior owner, including the right to change the registration in manner afore- 242 TIIK MISSOURI, KANSAS AND TEXAS RAILWAY. said, and so from time to time, as the owner for the time being may desire; and that the registered holder may also have the right to register the bond as payable tf) bearer, in which case the bonds and interest coupons shall be payable to the holder presenting the same. And any holder of a bond so registered as payable to bearer may again cause it to be registered in his name, with the same effect as the firs!; registration, and successive registrations may in the same manner be made from time to time, as may be desired; and also, that the holder of any of said bonds may, at his option, surrender the coupons attached thereto to be canceled, in which case interest thereon will thereafter be payable to him or his order only. Taxes, etc., paid. Akticle Sixtii. — The said Party of the First Part hereby further agrees that it Avill pay or cause to be paid the bonds herein mentioned, and' the interest thereon according to the terms thereof, and all taxes, levies, and assessments imposed and assessed, or which may hereafter be imposed or assessed upon the premises, franchises, and property hereby conveyed or intended so to be, and also the United States Government tax upon the interest payable on said bonds and each of them, and represented by the coupons annexed to said bonds, and will, at its own cost and expense, do, or cause to be done, all things necessary to preserve and keep valid and intact the lien or incumbrance hereby created. Default continued for Six Months. Arts. 12, 13, and 14 of Consolidated Mort- gage, applicable. Article Seventh. — In Case Default shall he made in the payment of any interest upon either of said bonds when the same shall become due and payable, or in the payment of any sum or sums of money hereinbefore provided to be made for the creation of said sinking fund, and such default shall continue for six months after the same has been demanded, the whole principal sum mentioned in each and all of this said further issue of bonds then outstanding shall, at the option of the holders of a majority in interest of said bonds, forthwith become due and payable, and thereupon all the terms and provisions contained in Articles Twelfth, Thirteenth, and Fourteenth of the said Consolidated Mortgage are hereby made applicable to such further issue of bonds, secured by this trust deed or mortgage, and to all the projierty, real, personal and mixed, and the rights and franchises hereby conveyed. Res^nation, etc., of Trustee. Article Eiciitii. — In Case of the Resignation, removal, insolvency, or incapacity, or inability for any other reason, of THE MISSOURI, KANSAS AND TEXAS RAILWAY. 24yj the said party hereto of tlie second part to act in execution of the trust hereb}" created, then the provisions contained in Article Fifteenth* of said Consolidated Mort<>:ao;e, for the appointinent of a new or provisional Trustee or Trustees, are cable, made applicable hereto. Article Ninth. — Tlie Party of the First Part shall from Covenant for further time to time, and at all times hereafter, and as often as there- unto requested by the party of the second part, its successor or successors, execute, acknowledge, and deliver all such fur- ther deeds, conveyances, and assurances in the law for the bet- ter assuring unto the party of the second part, its successor or successors in the trust hereby created, upon the trusts herein expressed, the lands, railroad, equipments, and appurtenances hereinbefore conveyed or intended so to be, and all other property and things whatsoever, which may be hereafter acquired for use in connection with the same or iiny part thereof, and all franchises now held, including the franchise to be a corporation, as by the party of the second i)art, its successor or successors, or by their counsel learned in the law, shall be reasonably advised, devised, or required. Article Tenth. — Provided, Nevertheless, and it is hereby Sale of Mortgaged further agreed })y and between the parties hereto, that in ease ailway the said party of the first })art shall at any time hereafter desire to grant, bargain, sell, assign, transfer, and set over, divest itself of, and part with the said hereinbefore described railroad, being the aforesaid extension from Fort Gibson to Fort Smith hereby conveyed, and cor})orate railroad property, real, i)ersonal, or mixed, rights, })owers,and franchises, or any part or j)ortion of said corporate railroad proi)erty, real, i)er- sonal or mixed, rights, powers, and franchises hereinbefore described and conveyed by this trust deed or mortgage, to any other corporation or cor})orations authorized by law to })urchase and take the same, then u})on the surrender or cancellation of the whole of such further issue of bonds outstanding, the said party of the second part shall and hereby covenants to release the whole of said railroad property from the lien and operation of this trust deed or mortgage, and to cancel and satisfy the same, Release of this Mort- or to release any part or portion of said railroad pro[)erty, less than the whole, upon the surrender or cancellation of the num- ber of said bonds issued in proportion to the [)art or {)ortion of said railroad property so sold, and to release such pjirt or portion from the lien and operation of this trust deed or mortgage. 244 THE MISSOURI, KANSAS AND TEXAS RAILWAY. including a release of a proportionate amount of the sinking fund hereinbefore provided for the payment of said bonds. Possession to remain I^rovided Always, and this grant and conveyance is upon with Railway Com- the express Condition that until some default shall be made in panj, u , . the performance or observance of the conditions, obligations, or requirements herein contained, the said party of the first part shall be permitted to possess, manage, operate, and enjoy all the said railroads, with their equipments and appurtenances, and all other the lands and premises, property, and franchises hereinbefore described; and that upon the payment in full of Defeasanc said bonds, and the interest due thereon, then the estate, title, and interest hereby granted shall cease, determine, and be void ; and the said party of the second part, its successor or successors in this trust, shall convey, assign, transfer, and deliver over to said party of the first part, and its successors, all the said railroads, their equipments, and appurtenances, and all moneys, notes, bills, bonds, mortgages, choses in action, and })roperty, real, personal, and mixed, and things of value remaining in its possession, and shall duly execute and Release of this Mort- deliver to the said part}^ of the first part a proper release or gage. satisfaction of this mortgage. In Witness Whereof, the said party of the first part has caused its corporate seal to be hereunto affixed, and the same to be attested by the sig- natures of the President and Secretary ; and the said party of the second part, to evidence its acceptance of the trust hereby created, has also caused its corporate seal to be hereunto affixed, and the same to be attested by the signatures of its President and Secretary, the day and year first above written. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. FURTHER ADDITIONAL MORTGAGE, JUNE I, 1873. THIS INDENTURE, made the first day of June, one Parties, thousand eight hundred and seventy-three, between the Mis- souri, Kansas and Ti:xas Railway Coaipany, of the one part, and the Union Trust Coaipany, of New York, of the other part. Whereas, the said party of tlie first part did heretofore, Mortgage of Feb. 1, and on or a})out the first day of Feliruary, one thousand eiglhJ^'^* hundred and seventy-one, duly make, execute, and deliver unto the said party of the second part, a certain trust deed or Con- solidated ^lortgage, Avdierehy tlie said party of tlie first part did duly grant, bargain, sell, assign, transfer, and convey unto the said party of the second })art, all the pro})erty, both real and })ersonal and mixed, and all the corporate rights, powers, franchises, Jind privileges th(‘rein fully set forth and described, to liave and to hold the same unto tlie sa idi lartyof the second part, its successor or successoi-s and assigns, in trust to secure the pa3unent of bonds in the sum [of] one thousand dollars (*ach, amounting to the aggregate iirineipal sum of fourt(‘en millions secure $14,000, r. 1 M 1 . ,000 of Bonds, ot dollars, and numbered from one to tourteen thousand, both inclusive, and for the uses, intents and pur})oses in the said indenture of mortgage fully exjirc^ssi^ and declared, as by reference thereto, now being in the eustod}^ of the party of the second part, and also dul^^ recorded among other places, in the office of the R(*corder of the ('ount\" of Pettis, in the Sbite of Missouri, will more fully and at large appear ; And Wlioreas, among the other terms, provisions, and , , ^ , ” ’ ’ Art. 10 of Alortgagt articles in the said indenture of mortgage contained, the t(*nth of Feb. 1, 1871. article therein is in the words following, that is to say : “Article Tenth. — It is further Mutually A}*ree5^000 perMUe shall not have been granted by any State, or by the United States, to aid in the construction thereof, and twenty-five thousand dollars per mile in all cases where lands shall have been so granted ; such bonds to be issued in the same proportions and upon the same conditions as hereinbefore provided in Article Fourth for the issue of the bonds to which said Article relates, and in case said bonds are sold, the proceeds to be paid over, as also in said Article provided. And all such bonds shall be of the same tenor as that provided for in the form of bonds as hereinbefore set forth, subject only to necessary variation as to the distino^uishiiw numbers and the dates thereof, and shall bear numbers running from number fourteen thousand upward. Sinking Fund. and shall be entitled to the benefit of a sinking fund, to be created in the same manner as is hereinbefore provided. And the said party of the first part hereby agrees, to execute and deliver to the said party of the second part, its successor or successors, upon every such further issue of bonds any further Morto:age to secure reasonable and necessary trust deed or mortgage to bring and subject to the conditions of these presents every such extended or future acquired road, and every other land or property, real or personal, that may hereafter be acquired by it, for the purpose and with the intent of securing the payment of said bonds composing every such increased issue, as well as the bonds hereinbefore described, equally and alike upon the prop- erty of the said party of the first part, with the interest due and to grow thereon, and the payment to said Trustee of the said sinkiiiij fund, in the same manner as if all said bonds had been originally secured by one and the same trust deed or mortgage. Provided, however, that if any railroad or rail- roads, which may hereafter be acquired by the party of the first part, shall at the time of such accpiisition, be subject to the lien of any trust deed or mortgage theretofore made to secure bonds then outstanding, no more bonds shall be issued said Bonds. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 247 heVeunder on nny sucli railroad or railroads than such an amount as shall, together with such outstanding bonds, be equal to the rate per mile hereinbefore mentioned ; but bonds may be issued hereunder on any such railroad or railroads in exchange for an equal amount of such outstand- ing bonds.” And Whereas, after the execution and delivery of the cer- tain trust deed or Consolidated Mortgage by the party of the first part to the party of the second part, bearing date the first day of February, one thousand eight hundred and seventy-one, the said party of the first part did acquire and become owner of certain other corporate railroad rights and franchises and property, real and personal, and did thereupon proceed to make a further issue of its bonds under and in pursuance of Article Tenth of the Consolidated ^Nlorto^afje hereinbefore recited, being a further issue of two thousand five hundred bonds in the sum of one thousand dollars each, amounting to the aggregate principal sum of two millions, five hundred thousand dollars, and numbered from fourteen thousand and one to sixteen thousand five hundred, both inclusive, and did there- upon make, execute, and deliver to the party hereto of the second part an additional trust deed or mortgage, bear- Additional Mortgage ing date the first day of dune, onetliousand eight iian(b*e(l and seventy -two, whereby the said party of the first i)art did bring in the said certain other corporate railroad riglits and fran- chises and pro})erty, reid and })ersonal, whicli the said party of the first part did so acMpiire, for the purpose and with the intent of securing the payment of the said further issue of bonds ecpially and alike iq)on the i)roperty of the said party of the first part, as b}" refercmce to the said trust deed or mort- gage, now being in the pro})er custody of the party hereto of the second part, and duly recorded, will fully and at large appear; And AVliereas, since the execution and delivery of the said Puruhase of Hanni- trust deed or Consolidated Mortgage, bearing date the first day Central Mo. of February onetliousand eight hundred and seventy-one and of the said additional trust deed or mortgage, bearing date the first day of June, one thousand eight hundred and seventy- two, the said iiarty of the first jiart has purchased and become the owner of the Hannibal and Central Missouri Railroad, together with the corporate rights, iiowers, })rivi- leges, franchises and other pro[)erty, real and personal 248 THE MISSOURI, KANSAS AND TEXAS RAILWAY. thereto, and to the Hannibal and Central Missouri Railroad Company belonging, as the same is hereinafter more fully described ; Hannibal & Central Whereas, the said Hannibal and Central Missouri Mo. E. R. First Mort-I^ailroad Company did heretofore make and issue their bonds, gage, April 20,1870 . f i , to secure $ 1 , 100,000 bearing date the second day of May, one thousand eight hun- of Bonds. dred and seventy, in the sum of one thousand dollars each, amounting to the aggregate principal sum of eleven hundred thousand dollars, and numbered from one to eleven hundred, both inclusive, each of said bonds being payable to R. F. Lake- man, Esquire, or bearer, at the agency of said Company in the City of New York, on the first day of May, one thousand eight hundred and ninety, with interest thereon at the rate of seven per cent, per annum, payable half yearly, and to secure the payment of the principal and interest of said bonds, did make, execute, and deliver to the Farmers’ Loan and Trust Com- pany of the City of New York, a certain trust deed or mortgage bearing date the twentieth day of April, one thou- sand eight hundred and seventy, conveying the railroad of said Company with its franchises and property, real and per- sonal, thereto belonging, as by reference to said trust deed or mortgage, duly recorded in the Recorder’s offices of the Counties of Randolph, Ralls, Monroe, and Marion, in the State of Missouri, will fully appear; Hannibal and Cent. And Whereas, the said Hannibal and Central Missouri Mortgage, Feb’y. 1, Railroad Company did heretofore make and issue certain Joo\f^Bond7 others of their bonds bearing date tlie first day of February, one thousand eight hundred and seventy-two, in the sum of one thousand dollars each, amounting to the aggregate principal sum of two hundred and fifty thousand dollars, and numbered from one to two hundred and fifty, both inclusive, each of said bonds being payable to A. R. Baylis, or bearer, at the office of said Company in the City of New York, on the first day of May, one thousand eight hundred and ninety-two, with interest thereon at the rate of seven per cent, per annum, payable half yearly, and to secure the payment of the princi- pal and interest of said bonds, did make, execute, and deliver to the New York Guaranty and Indemnity Company of the City of New York a second trust deed or second mortgage, bearing date the first day of February, one thousand eight hundred and seventy-two, conveying the railroad of said (\)m- pany with tln^ franchises and property, real and jiersonal, rilE MI8S01T1U, KANSAS AND TEXAS IIAILWAV. 241 ) thereto belonging, as by reference to said second trust deed or second mortgage, duly recorded in the Recorder’s offices of the Counties of Monroe, Marion, Ralls, and Randolph, in the State of Missouri will fully appear; And Whereas, of the thirteen hundred and fifty first and Exchange of Han. & second mortfja^e bonds, so as aforesaid made and issued by the ® o ... Seconds. Hannibal and Central Missouri Railroad Company, and amounting in the aggregate to the principal sum of thirteen hundred and fifty thousand dollars, and so secured as afore- said, ei^ht hundred of said bonds amountino^ to the atjojreo^ate • • 1 ^ u a 1 4.U 1 ^ n WOOO principal sum of eight hundred thousand dollars, are still out- outstanding. standing and are to be exchanged for bonds equal in amount of the party of the first part hereto, issued under and secured by this trust deed or mortgage ; And Whereas, the said railroad of the Hannibal and Cen- Han. & Cent, Mo. R. tral Missouri Railroad Company, extending from its eastern terminus, in the City of Hannibal, in the State of Missouri, westwardly through the Counties of Marion, Ralls, and Monroe to its terminus in the town of Moberly, in the County of Ran- dolph, in said State, being seventy miles in length, has been heretofore constructed and is now maintained and in oiiera- tion ; And Wliereas, lands have not been granted by any State iso Lands granted or by the United States to aid in the construction of said^®*^'^’ railroad ; And Wliereas, the said party of the first ])art for the pur- Additional Bonds pose of meeting the obligations incurred by it in the purchase Jff-^Qon^sofiXw * of the said railroad and other property of the Hannibal and Central Missouri Railroad Company, has resolv(‘d to make a further issue of bonds under and by virtue of the right and privilege reserved in and by the said Article d’enth herein- before set forth and recited, which said bonds shall be in the sum of one thousand dollars each, amountiim to the aijjrretrate principal sum of one million, four hundred thousand dollars Bonds for$l, 400, 000. and numbered from sixteen thousand five hundred and one to seventeen thousand, nine hundred, both inclusive, and being at the rate of twenty thousand dollars for every mile of the rail- ^20,000 per road so purchased by the party of the first part ; Jind that each of said bonds shall be in the words and fiijjures followinir, sub- ject only to necessary variation as to the distinguishing num- bers and Jimount thereof; 250 THE MISSOUIH, KANSAS AND TEXAS RAILWAY. United States of America, Form of Bond. ' StATES OF KANSAS AND MISSOURI. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. First Mortgage, Seven per Cent., Land Grant and Sinking Fund Gold Bond. No. $1,000. Free of U. S. Government Tax. Know all Men by These Presents, that the Missouri, Kansas and Texas Railway Company is indebted to the Union Trust Company of New York, or bearer, in the sum of one thousand dollars in gold coin of the United States, which the said Railway Company promises to pay to the bearer hereof, on the first day of June, in the year nineteen hundred and six, in the City of New York, with interest thereon from the date hereof at the rate of seven per cent, per annum, pay- able in gold coin aforesaid, semi-annually, at its office or agency in the City of New York, on the first days of August and February in each year, upon the presentation and sur- render of the coupons hereto attached, as the}^ severally become due, as provided therein; and in case of default in the payment of any half yearly installment of interest, which Default Continued shall have become due and been demanded, and such default for Six Months. . , . shall have continued six months after demand, the principal of this bond shall become due in the manner and with the effect provided for in the trust deeds or mortgages hereinafter men- tioned. Additional Series of This bond is oiie of a further issue of bonds numbered con- to 17,900. ’ secutively from sixteen thousand five hundred and one to seventeen thousand nine hundred, both inclusive, each for the sum of one thousand dollars, amounting in the aggregate to the sum of one million four hundred thousand dollars, all of which are of like tenor, date, and effect, and such further issue is made pursuant to Article Tenth of a certain trust deed or mortgage, dated the first day of February, in the year eigh- teen hundred and seventy-one, duly executed and delivered by the said Railway Company and recorded in the proper offices in the States of Missouri, Kansas and elsewhere, and conveying to the said Union Trust Company, of New York, in trust, the corporate iirojierty, real and personal, of the part}^ of the first part therein described, and all its franchises and the Seven per Cent. — Gold — Principal and Interest. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 251 privileges appertaining thereto, as set forth in said trust deed or mortgage ; and this further issue of bonds, together with the sixteen thousand five hundred bonds above named, are secured equally and alike thereby, and by another trust deed Additional Mort- 1-1 1 - i /• T 1 • li gage, June 1, 1872. or mortgage bearing date the first day ot J une, one thousand eight hundred and seventy -two, and also by another trust deed or mortgage bearing date the first day of June, one thousand eight hundred and seventy-three ; all duly executed and delivered by the said Railway Company, and duly recorded, conveying to the said Trust Company, the corporate property, real and personal, therein severally described. This bond is entitled to the benefit of a sinking fund as pro- Sinking Fund, vided by said trust deeds or mortgages, whereby the principal of said bonds will be redeemed in thirty-three years from the date hereof. Bonds equal in amount to the accumulations in said sinking fund will be redeemed at their jiar value annually. Redemption of commencing after the first day of February, one tliousand eight hundred and seventy-six. Notice of the numbers of the bonds so allotted for redemption will be published in two or more daily newspapers printed in the City of New York, for sixty days, at the expiration of which time interest thereon shall cease. This bond shall ])ass by delivery or by transfer on the books ttegistration and of the Company in the City of New York, and such other places in this country and in Europe as said Company may hereafter designate. After a registration of ownership, certi- fied hereon by the Secretary of the Company or its Transfer Agent, no tninsfer, exce})t on the books of the Com})any shall be valid, unless the last transfer shall have been to bearer; the l)ond to be entitled to successive rei^istrations and transfers to bearer at the o})tion of each holder, and other privileges in that behalf mentioned in said trust deeds or mortgages. This bond shall not become obligatory until it shall have Cortification. been authenticated by a certificate indorsed hereon, duly exe- cuted by the Trustee aforesaid, to the effect that the same is properly issued. In Witness Wliereof, the said Missouni, Kansas and Tkxas Railway C.'omi*any has caused these pres- ents to be executed by its President and Secre- tary, and its corporate seal to be hereto aflixed this first day of June, A. D., eighteen hundred seventy-three. , Secretary . , Preddeyit. 252 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Further Additional Mortgage. This Indenture conveys Koad from Hannibal to Moberly, 70 Miles. Lands, etc. Buildings, etc. Rolling Stock, etc. And Wliereas, the said party of the first i)art, in pursuance of its agreement contained in Article Tenth aforesaid, and subject to the restrictions in said article contained, is desirous of executing and delivering to the said party hereto of the second part, upon such further issue of bonds, a further trust deed or mortgage, conveying the property hereinafter described and so acquired as aforesaid, for the purpose and with the intent of securing the payment of the said bonds composing such further issue, according to the tenor and effect of the provision in the said article contained. Now, Therefore, this Indenture Witnesseth, that the said party hereto of the first part, for and in consideration of the premises, and of the sum of one dollar to it duly paid by the party hereto of the second part, and in order to secure the payment of the principal and interest of the said further issue of bonds, according to the tenor thereof, hath granted, bar- gained, sold, assigned, transferred, and conveyed, and by these presents doth grant, bargain, sell, assign, transfer, and convey, unto the said party of the second part, its lawful suc- cessor or successors in the trust hereby created and assigns : — First. — The Entire Railroad of and belonging to the said party of the first part, situate, lying, being, and extending from its eastern terminus in the City of Hannibal, in the State of Missouri, westwardly through the Counties of Marion, Ralls, and Monroe, to its eastern terminus in the town of Moberly, in the County of Randolph, as the same has been heretofore, and is now constructed, maintained, and operated, being seventv miles in length. Second. — All Lands and Real Estate of every kind and nature, and wheresoever the same may be situate, of or be- longing to the said party of the first part, and owned, used, occupied and enjoyed in the construction, maintenance and operation of said railroad, together with all depots, station- houses, freight-houses, car-houses, machine-shops, cattle-yards, and all other buildings, erections, tenements, structures, and fixtures, and all machinery, tools, rails, ties, tracks, bridges, viaducts, culverts, fences or other constructions or super- structures to the said railroad belonging or in any wise appertaining, including all locomotives, tenders, cars, and other rolling stock and equipments now owned or used in the operation of said railroad, or which may be hereafter acquired. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 253 Third. — All the Franchises, Rights, Powers, and Privi- Franchises, etc. leges of or belonging to the said party of the first part pertain- ing to the railroad hereby conveyed, and all easements or other incorporeal rights, however acquired or conferred, and all other property, real, personal, or mixed, owned, used, occu- pied or enjoyed, or which may hereafter be acquired, owned and used by the said party of the first part in or about the construction, maintenance, and operation of said railroad, To Have and to Hold, all and singular the above To have and to hold mentioned and described premises, rights, franchises, railroads and real and personal property, unto the said party of th^ second part, its successor or successors, and assigns, in trust and for the uses, intents, and purposes hereinafter’ expressed and declared of and concerning the same, that is to Trusts declared, say: Article First. — Xo One of the said Bonds shall be deemed Trustee’s Certificate, issued, or be valid or secured by this mortgage, until there shall have been indorsed upon it a certificate duly signed by the party of the second part, its successor or successors in this trust, to the effect following, viz. : “ The within bond is one of a further issue of fourteen hundred bonds under and in jiursu- ance of Article Tenth of the Consolidated Mortgage made bv the Missouri, Kansas and Texas Railway Comi‘any, and is secured thereby and by further trust deeds or mortgages as in said Article jirovided.” Article Second. — Eight Hundred nf said Bonds, being soo Bonds for Ex* those numbered from sixteen thousand five huiulred ancl one to seventeen tliousand three hundred, both inclusive, shall be aud Seconds, issued and used only in exchange indiscriminately for first and second mortgage bonds eciual in amount and now outstanding, heretofore issued, as hereinbefore recited, by the Hannibal and Central Missouri Railroad Company, and thereiq)on the bonds so received in exchange shall be cancelled by the liarty hereto of the second part, and delivered to the party hereto of the first part, and the two, the several trust deeds or mortgages above recited, shall thereiqion be duly satisfied and discharged Satisfaction of Mort- of record. Article Third. — 8ix Hiiiulred of the Boiuls h(*reby secured fiOO Bonds for being those numbered from seventeen thousand three hundred and one to seventeen thousand nine hundred, both inclusive, shall be issued and forthwith delivered to the party of the first liart. 254 THE MISSOUKI, KANSAS AND TEXAS RAILWAY Sinking Fund. Redemption of Bonds. Subdivisions of Bonds. Registry of Consoli- dated Mortgage Bonds. Article Fourth. — And for the Purpose of Providing a Sinking-Fund for the redemption of the bonds secured hereby, the party of the first part further agrees to pay to the party of the second part, its successor, or successors, in this trust, on the first day of February, in the year one thousand eight hun- dred and seventy-six, a sum equal to one per cent, in gold coin aforesaid, of the aggregate principal of said bonds; and also to pay on or before the first day of February, in every year thereafter, a like sum and interest at the rate at seven per cent, in the same coin, upon all payments theretofore made, such payments to be made into the sinking fund created by Article Fifth of the Consolidated Mortgage aforesaid, and to be applied equally and alike with the fund thereby created to the redemption of all the bonds of the party hereto of the first part. Article Fifth. — The said Party of the First Part shall have the right, at its option, to issue or exchange, and re-issue, either or any of the bonds hereby secured in subdivisions of fifty, one hundred or five hundred dollars each, in such form as shall be approved by the said party of the second part, such subdivision bonds to be authenticated by certificates indorsed thereon, duly signed by the said party of the second part, and each of them to bear the number of the bond to which it shall belong, and in addition thereto, a letter of the alphabet, com- mencing with the letter A for the first subdivision of every bond so subdivided, and so on in the consecutive order of the letters of the alphabet for the remaining subdivisions of every such bond. Article Sixth. — The Party of the First Part doth hereby further covenant and agree, to and with the party of the sec- ond part, and its successor or successors in this trust, that the party of the first part shall at all times hereafter keep at its office in the City of New York, and at such other places in this country or in Europe as it may hereafter appoint, a book or books which shall be respectively designated as “ The Regis- ter of Bonds issued under the Consolidated Mortgage and that aiw holder of any the bonds issued under the provisions of this indenture may there register his bonds upon presenting the same ; and that when a bond is so registered in the name of any person, such person shall be deemed and regarded as the owner of such bond; and that all payments of either principal or interest thereon shall thereafter be made to him or to his order only ; and that such payments to him or to his order shall be valid THE MISSOURI, KANSAS AND TEXAS RAILWAY. 255 [)ayinents of such principal or interest, and a discharge to the party of the first part to the extent of the sums so paid. And also, that such registry may be changed upon presentation of the bond with the written order of the person in whose name it is registered, properly authenticated, to the name of such person as may by the said written order be designated for the purpose, and he shall thereafter be deemed and regarded as the the owner of the bond and its interest coupons, under the same circumstances and conditions, and with the same rights as the prior owner, including the right to change the registration in change of Registra- manner aforesaid and so from time to time, as the owner for^^®”- the time being may desire ; and that the registered holder may also have the right to register the bond as payable to bearer, in which case the bonds and interest coupons shall be payable to the holder presenting the same. And any holder of a bond so registered as payable to bearer, may again cause it to be rejjistered in his name, with the same effect as the first rejjistra- tion ; and successive registrations may in the same manner be made from time to time, as may be desired ; and also that the holder of any of said bonds may, at his option, surrender the coupons attached thereto to be cancelled, in which case interest thereon will thereafter be payable to him or his order only. Article Seventh. — The said Party of the First Part faxes, etc., to be hereby further agrees that it will pay or cause to be paid the bonds herein mentioned and the interest thereon according; to the terms thereof , and all taxes, levies, and assessments imposed and assessed, or which may hereafter be imposed or assessed upon the premises, franchises, and proiierty hereby conveyed or intended so to be, and also the United States Government tax ui)on the interest payable on said bonds and each of them and represented by the coupons annexed to said bonds, and will, at its own cost and expense, do, or cause to lie done, all things necessary to preserve and keej) valid and intact the lien or incumbrance hereby created. Article Eighth. — In Case Oefavilt shall he made in the continued the payment of any interest upon either of said lionds, wheiU"^ the same shall become due and [layable, or in the payment of any sum or sums of money hereinbefore iirovided to be made for the creation of said sinking fund, and such default shall continue for six months after the same has been demanded, the whole {)rincipal sum mentioned in each and all of this said fur- ther issue of f)onds, then outstanding, shall at the option of the holders of a majority in interest of said bonds, forthwith 256 THE MISSOURI, KANSAS AND TEXAS RAILWAY. become clue and payable, and thereupon all the terms and Arts. 12 18 and 14 ofprovisiops Contained in Articles Twelfth, Thirteenth, andFour- Consolidated Mort- ^ gage of Feb. 1 , 1871. teenth of the said Consolidated Mortgage, are hereby made applicable to such further issue of bonds, secured by this trust deed or mortgage, and to all the property, real, personal, and mixed, and the rights and franchises hereby conveyed. Resignation, etc., of ARTICLE Nintii. — In Case of the Resignation, removal, • • • • • insolvency, or incapacity or inability for any other reason, of the said party hereto of the second part to act in execution of the trust hereby created, then the provisions contained in Article Fifteenth of said Consolidated Morto^ag^e for the appointment of a new or provisional Trustee or Trustees are made applicable hereto. Covenant for further Assurance. Article Tenth. — The Party of the First Part shall, from time to time, and at all times hereafter, and as often as there- unto requested by the party of the second part, its successor or successors, execute, acknowledge, and deliver all such further deeds, conveyances, and assurances in the law for the better assuring unto the party of the second part, its successor or successors in the trust hereby created, upon the trust herein expressed, the lands, railroad, equipment, and appurtenances hereinbefore conveyed or intended so to be, and all other property and things whatsoever which may be hereafter acquired for use in connection with the same or any part thereof, and all franchises now held, including the franchise to be a corporation, as by the party of the second part, its successor or successors, or by their counsel learned in the law, shall be reasonably advised, devised, or required. Possession to remain Provided always, and this grant and conveyance is upon the with Ry. Company, express condition, that until some default shall be made in the until, etc. , „ . performance or observance of the conditions, obligations, or requirements herein contained, the said party of the first part shall be permitted to possess, manage, operate, and enjoy all the said railroads with their eipiipments and apimrtenances, and all other the lands and premises, property and franchises here- inbefore described; and that upon the payment in full of said bonds, and the interest due thereon, then the estate, title, and interest hereby granted shall cease, determine, and be void; and the said party of the second part, its successor or succes- sors in this trust, shall convey, assign, transfer, and deliver over to said party of the first part, and its successors, all the said railroads, their eijuipments and apinirtenances, and all moneys, notes, bills, bonds, mortgages, choses in action, and property, Defeasance. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 257 real, })ersonal, and mixed, and things of value remaining in its possession, and shall duly exeeute and deliver to the said party of the lirst part a proper release or satisfaction of this mort- gage. Ill Witness Whereof, the said party of the lirst part, has caused its corporate seal to be here- unto affixed, and the same to be attested by the H. B C. T signatures of its Vice-President and Secretary, and the said party of the second part, to evidence its acceptance of the trust hereby created has also ^caused its corporate seal to be hereunto affixed, and the same to be attested by the signa- tures of its Vice-President and Secretary the day and year first above written. Geo. Denison, Vice-President. Henson, Secretary. Union Trust Company of New York, Trustee, By Augustus Schell, Vice-President. Carlton, Secretary. State of New York, City and County of New York. Beit remembered that on this third day of finly, A. D., Notarial Certificate 1873, before me, Charles Nettleton, a commissioner of the State of Missouri in and for the State of New A'ork, residing in said City of New York, personally appeared (jrcorge Deni- son, the Vice-President of the Missouri, Kansas and Texas Railway Company and H. B. Henson, the Secretary of the same Company, to me resi)ectively personally known to be such, who, being by me severally duly sworn, did depose and say that he, said George Denison, resided in said City of New York, that he, said H. B. Henson, resided in Brooklyn, in said State of New York; that he, said George Denison, was the Vice-President, and he, said H. B. Henson was the Secre- tary of the said Company ; that they knew the cor})orate seal of said company ; that the seal affixed to the foregoing instru- ment is such corporate seal ; that it was so affixed thereto by order of the Board of Directors of said company, and that they, the said George Denison and H. B. Henson signed their names thereto by the like order as President and Secretary of said Company, resj)ectively , and the said George Denison and H. B. Henson, who are personally known to me to be the same })ersons whose names are subscribed to said instrument; 258 THE MISSOURI, KANSAS AND TEXAS RAILWAY. acknowledged the same to be their own act and deed, and the act and deed of said company for the purposes therein men- tioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal. Charles Nettleton, Commissioner for Missouri in Neiv York. State of New York, City and County of New York, Notarial Certificate Beit remembered that on this third day of July, A. D., of Acknowledgment. ^^ 73 ^ before me, Charles Nettleton, Commissioner of the State of Missouri in and for the State of New York, residinof in said City of New York, personally appeared Augustus Schell, the Vice-President of the Union Trust Company of New York, an incorporated Company, and C. T. Carlton, the Secretary of the same Compan}^ to me respectively personally known to be such, who being by me severally duly sworn, did depose and say that he, said Augustus Schell resided in said City of New York, that he, said C. T. Carlton, resided in Brooklyn, in said State of New York, that he, said Augustus Schell was the Vice-President, and he, said C. T. Carlton, was the Secretary of the said Company ; that they know the corporate seal of said Company ; that the seal affixed to the foregoing instrument is such corporate seal ; that it was so affixed thereto b}' order of the Board of Directors of said Company, and that they, the said Augustus Schell and C. T. Carlton, signed their names thereto by the like order as Vice-President and Secretary of said Com- pany respectively, and the said Augustus Schell and C. T. Carlton, who are ]:)ersonally known to me to be the same per- sons whose names are subscribed to said instrument, acknowl- edged the same to be their own act and deed, and the act and deed of said Company for the purposes therein mentioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal, f seal. ) X- Charles Nettleton, Commissioner for Missouri in Neio York. [The original of the foregoing instrument was filed for record in the office of the Recorder of Deeds for the County of Marion, State of Missouri, August 27, 1873, and is recorded in said office in Book 67 on i)ages 17 to 27, inclusive. The foregoing is an accurate coj)y of the insti’ument as there recorded.] EAST LINE & RED RIVER RAILROAD COMPANY. V FIRST MORTGAGE, JUNE I, 1880 THIS INDENTURE, made the first day of June, Anno Parties. Domini, one thousand eight hundred and eighty, by and between the East Line and Red River Railroad Company, a corporation created by and existing under the laws of the State of Texas, party of the first part, and The Fidelity Insurance, Trust and Safe Deposit Company, of the City of Philadelphia, State of Pennsylvania, Trustee as hereinafter mentioned and described, party of the second part; Witiiess- eth : Wliereas, the East Line and Red River Railroad Com- power to construct PANY is by its charter duly authorized to construct, own, and^®*^*^* maintain a railway from the Chty of Jefferson, in the County of Marion, State of Texas, to tlie town of Creenville, in Hunt County, Texas, and thence westwardly or northwestwardly to the western limits of the State of Texas; and, Wliereas, the said East Line and 1{ed River Railroad , ,1 I.LI- 1 -.Lixi Itoad completed and Company has already completed, in accordance with the to be completed. requircnumts of its charter and the laws of Texas, that por- tion of its line of railway which extends from the City of Jefferson, the initial point of said railway, to Sul})hur Stirings, the county site of Hopkins County, a distance of ninety-three miles, and designs immediately to construct, complete, equip, and stock, ready for use, the line to Decatur, Wise County, or to some other point which may, in the discretion of its direct- ors, be legally selected, which shall be in all not exceeding a distance of two hundred (200) miles from the City of »Jeffer- son, and for this [lurpose is fully empowered by law to issue bonds, and the same to make secure and protect by a mort- gage or deed in trust, covering the whole or any part of its line of railway, with its ajipurtenances, and all and every part ( 259 ) 260 THE MISSOURI, KANSAS AND TEXAS RAILWAY. of its estates and property, with its corporate rights, privi- leges, liberties, and franchises; Kesolution of Stock- Whereas, the stockholders of said Company, duly con- holders. vened, did, on the tenth day of May, one thousand eight hun- dred and eighty, by a vote of more than two-thirds of their number, adopt the following resolutions, to-wit: Mortgage authorized l^^solved^ by the stockholders of the East Line and Red River Railroad Company, assemble4 in their corporate capa- city, at the office of their Company, in the City of Jefferson, State of Texas, in obedience to and in compliance with the notice of the President, given according to the by-laws of the same, and according to the laws of Texas in that behalf, pro- vided, more than two-thirds thereof concurring herein, that the Directors of the said Company be authorized, requested and directed to mortgage, or to execute a deed of trust upon the said railway already constructed from Jefferson to Sulphur Springs, and that may hereafter be constructed for a distance not exceeding two hundred miles from the said city of Jeffer- son, in Marion County, Texas, together with all the depots, depot grounds, locomotives, and rolling stock of every descrip- tion now owned by said Company, or that it may hereafter acquire, and appurtenances, and land scrip, and lands, as may be acquired from the State of Texas, together with its corpor- ate rights, liberties, and franchises, and income, and to issue upon the same coupon bonds, jiayable in the gold coin of the United States of America, on the first day of June, 1910, in the City of New York, and the interest payable semi-annually in the City of New York, in the gold coin of the United States, and to bear interest at the rate of six per cent, per annum, payable upon the first days of June and December of each year. But the said mortgage or deed of trust shall not be for an amount of said bonds exceeding seven thousand (.$7,000) dollars per mile; and none shall be authorized to be issued except upon a completed railway, and only upon sections of not less than ten (10) miles. The first section that bonds are hereby authorized to be issued upon is the ninety-three (93) miles now completed from the City of ,Jefferson to Sulphur Springs, the county site of Hopkins County, in the State of Texas, which bonds are immediately to be executed and deliv- ered, and thence afterwards, as the said railroad shall be con- structed in sections of not less than ten (10) miles in length, on westwardly through such counties as the Board of Directors in their discretion may determine to construct the same, accord- Rate, not to exceed $7,000 per Mile. Sections of Ten Miles. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 261 ing to the provisions of its charter, until it reaches Decatur in Wise County, or such other point as the Directors may legally select; not, however, to exceed in all from Jefferson, the initial point of said railway, a distance of two hundred (200) miles, so as to make the aggregate amount of bonds, author- ized and intended to be authorized, to be issued by this reso- lution, in all, onfe million, four hundred thousand ($1,400,000) dollars, and no more, and on\y pro rata as the actual construc- tion and completionof the road progresses, in sections of not less than ten (10) miles in length. Said bonds shall be of the denomination of one thousand ($1,000) dollars each, and Series of 1400 Bonds numbered consecutively from one (1) to one thousand fovir hundred (1,400) inclusive ; and the mortgage or deed in trust and bonds shall all be dated the first day of June, 1880; and the principal of said bonds shall be payable on the first day of June, 1910, and the interest semi-annually, and the said mort- gage or deed in trust may i)ledge two (2) per centum of the whole amount of bonds issued, to be provided and set aside as a sinking fund to i)urchase and retire the bonds hereby author- ized to be issued, to commence on and after the first day of September, 1885, in such manner as may be stipulated in saiil mortgage or deed in trust ; and the Hoard of Directors of the said East Link axo Red Rr\ ek Railroad Com raw are hereby authorized to have the said mortgage or deed in trust, and the bonds authorized to be issued in i)ursuance of the same, and of this resolution, executed and delivered to such i)ersons and in such form, and with stipulations, guarantee's, limitations, restrictions, and conditions as they may deem iiroper, neces- sary, expedient, and apiiropriate to carry out the object and intent of this resolution. And the Secretary of this meeting is directed to record this resolution upon the minute book of this Company, and to furnish a copy of the same to the Board of Directors of the East Line and Red River Railroad Company. Reaolved^ that said bonds and mortgage be in the form, <>r Form of MorU>-aoe substantially in the form, submitted by counsel at the present meeting of the stockholders of this Company. Resolved, that the i)rovisions of these resolutions be carried out by the Board of Directors of this Company. And Wliereas, by an amendment to the charter of said Com- Amendment of j)any, a[)proved March 6, 1S75, section 2 thereof, it is pi-o- vided, as follows: — Section 2. That the Boai-d of Directors of said Company 262 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Power to Mortgage, is hereby authorized, upon a vote of two-thirds of the stock of said Company (each share being entitled to one vote), to mortgage said railroad, its lands, revenues, and franchises, jointly or separately, to raise money to construct or maintain the same, upon such terms and conditions as said Company may deem best; and to issue bonds thereon secured by such mortgage ; and to do and perform any and all such acts and things as an individual might lawfully do to forward and pro- mote the construction and maintenance of the said road. Authorized by And Whereas, The Board of Directors of said Company, Directors. pursuant to the foregoing resolutions and the legal authority vested in them, have authorized and directed the execution, issuance and uses of said bonds and coupons as provided, and in the form as follows : — Form of Bond. United States of America, State of Texas. First Mortgage Six per (Jent. Gold Bond. $ 1,000 $ 1,000 Six per cent. — Gold — Principal and Interest. Default Continued Six Months. Series of 1400 Bonds. The East Line and Red River Railroad Company, for value received, acknowledges itself to be indebted, and prom- ises to pay to W. B. Ward, of the City of Jefferson, State of Texas, or bearer, the sum of one thousand dollars in United States gold coin, at the office of its agency in the City of New York, on the first day of June, 1910, with interest thereon at the rate of six per centum per annum, payable semi-annually at the place aforesaid, in like gold coin, on the first days of June and December in each year, as specified in and on pres- entation of the annexed coupons therefor, until the said prin- cipal sum shall be paid as specified. In case of the non-pay- ment of any semi-annual installment of interest for a period of six months after the same shall have become due, the principal hereof shall become due, as provided in the mortgage hereinafter mentioned. This bond is one of a series of one thousand four hundred bonds of like tenor and date, num- bered consecutively from one to fourteen hundred inclusive, aggregating 1,400,000 dollars, issued, or which may be issued as the construction of the railway shall progress, but which shall be issued only upon the basis of seven thousand dollars per mile of com[)leted railway, and no more, and is author- ized by a resolution of the stockholders of said Company, Authorized by Stockholders. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 2G3 adopted at a meeting lield by them in their corporate capacity according to its character and the law, and is and shall be secured by a first mortgage of even date herewith, in like man- ner authorized, duly executed, and delivered by the said Com- pany to the Fidelity Insurance, Trust and Safe Deposit Company, of the City of Philadelphia, State of Pennsylvania, Trustee, conveying to it the Railway constructed from of Road son to Sulphur Springs, and to be constructed from thence to from Jefferson lo Decatur, Wise County, Texas, or to such other place as the^®^^^^^’ Miles. Directors may hereafter legally direct, not exceeding, how- ever, in all, two hundred miles from the City of Jefferson, together with all the depots, depot grounds, locomotives, roll- Rolling Stock, etc. ing stoek, income and all appurtenances, and its corporate^ ^ rights and franchises, together with such land scrip and land as may be acquired from the State of Texas. The payment of ’ this bond is further secured by a sinking fund, provided for in sinking Fund, said mortgage, of not less than two per centum per annum of • the whole amount of bonds then issued, to commence in its operation on and after the first day of September, A. 1)., 1885, and which is pledged for the purpose of providing a fund for purchasing, extinguishing, and retiring these bonds. This bond shall pass by delivery, but shall not become binding Jmd obligatory until the certificate hereon is signed l)y the Trustee heretofore mentioned ; and before the said certificate shall be signed, it is exi)ressly sti))ulated and agreed tliattiiis Company shall file with the said Trustee a duly authenticated copy of the report of the State Engineer, or of the person a})point(‘d by the Engineer’s Report, authority of the State of Texas to inspect and pass thereon, showing the number of miles of road hereafter conq)leted ; but the bonds for the ninety-three miles now completed shall be 93 Miles now corn- certified and delivered to said Conn)any by the Trustee, accord- inir to the provisions of the mortixaj^e. 01 00 III Witness AVliereof, The East Line and Red River Railroad Company, under and by virtue of the laws of the State of Texas, and in accord- ance with its chartered rights, has caused this bond to be signed by its President and Secretary, and its corporate seal to be affixed hereto, in the City of flefferson. State of Texas, this first day of June, A. 1)., 1880. , Secretary. , President. 264 THE MISSOURI, KANSAS AND TEXAS RAILWAY. $30. Coupon No. $30. The East Line and Red River Railway Company will pay to the bearer hereof on the first clay of 18 — , in gold coin of the United States, thirty dollars, at the office of the agency of the Company, in the City of New York, for inter- est due on its bond No. . , Treasurer. And Whereas, the coupons annexed to such bonds bear Sre of^^reasurer. upon their face, printed thereon, ^facsimile of the signature of the Treasurer of the said party of the first part, which is hereby declared to be of the same force and efficacy as if writ- ten in his own proper handwriting, under authority from the Board of Directors and stockholders of said Company ; Mortgage and Bond And Whereas, the Board of Directors of said Company, at approved by Direct-^ meeting thereof, duly held on the eleventh day of May, one thousand eight hundred and eighty, did adopt, authorize, and approve the said form of bonds and coupons, and this mort- gage or deed in trust for the purpose of securing the same ; This Indenture con- veys. Road from Jefferson to Decatur, 200 Miles. Now, this Indenture Witnesseth : that said party of the first part, in consideration of the iiremises, and of the sum of one dollar, to it paid by the party of the second part, before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for the purpose of securing the payment of the principal and interest of the said fourteen hundred ( 1,400) bonds, or of so many of such bonds as may be issued hereunder according to the tenor thereof, hath granted, bargained, sold, assigned, released, and conveyed, and by these presents doth grant, bargain, sell, assign, release and convey unto the said party of the second part, and its lawful successor or successors, and assigns, all and singular the railway constructed from the City of Jefferson to Sulphur Springs, and to be constructed thence to Decatur, Wise County, Texas, or to such other place as the directors may thereafter legally direct, not exceeding, however, in all, two hundred (200) miles from the City of »Jefferson; including the road-bed and superstructure and the right of way of said railroad, and all lands and real estate held for railroad pur- poses, all rails, tracks, side tracks, bridges, viaducts, build ings, depots, station houses, car houses, shops, Avarehouses, turn-tables, water stations, fences, structures, erections, fixtures and appurtenances, and all other things of Avhatever THE MISSOURI, KANSAS AND TEXAS RAILWAY. 265 kind thereunto belonging or in any wise appertaining, or which have been or may be acquired or })rovided for use upon or in connection with the said railroad ; and all lands acquired or designed for depots, warehouses and other structures at either terminus, as well as along the line of said road ; and also all the locomotives, engines, cars, and other rolling stock, stock ment, machinery, instruments, tools, implements, materials, furniture and other chattels now or hereafter belonging or appertaining to said railroad, and all property, both real and personal, of every kind and description which shall hereafter be acquired for use upon or in connection with, or for the purposes of the said railroad ; and all the corporate rights, privileges, and franchises which the said party hath and can Franchises, etc. exercise or shall hereafter acquire or possess, of, in, to, upon, or in respect of, the said railroad, or necessaiy for the con- struction, maintenance or operation of said railroad, or any thing belonging or appertaining, or which may hereafter belong or appertain to the same, or any i)art thereof; also all the right, title, interest, and claim which the party of the first part has now or may acquire, or become entitled to, in any land scrip or land from the State of Texas, and all the rents, Fands and Land issues, profits, tolls, and of her income of the said railroad, and all the rights, privileges and franchises whatsoever which the said railroad Comi)any now })ossesses, owns or is entitled to, and all rights, privileges, and franchises, pr()})erties real and personal and rights and things which the saidrailroad Compjiny may or shall acquire, possess, or become entitled to for the l)urposes or in connection with said railroad, or the ot)eration, use and maintenance thereof; and also in case the said Trustee, or its successor or successors, shall, at any time hereafter lawfully enter into the possession of the said railroad, with its „ , _ , Entry by Trustee or api)urtenances hereby mortgaged, or have a Receiver ap[)ointed Receiver. for the same, any and all fuel or supplies intended for use in and about the oi)eration, repair, or maintenance of said railroad, which said railroad Conq)any may have on hand at the time of the said Trustee so entering into possession, or at the time of such receivershi}) being granted or applied for; and all the other i)roperty and effects, both real and i)ersonal, which said company, at such time of the Trustee so entering into posses- sion, or the granting of, or api)lication for such receiver- shii), may own, or possess, or be entitled unto in respect of the said railroad, to Have and to Hold, all and singular, the To Have and to [)roperty, real and personal, with the hereditaments and fran-^^^^^' 266 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Trusts declared. Trustee’s Certificate. Possession to remain with Company, until, etc. Disused Property may be sold, etc. chises, and all and singular the chartered rights, liberties and franchises, and all the rights and things hereby conveyed, or purporting and hereby intended to be conveyed unto the party of the second part, its successors and assigns forever. In Trust, Nevertheless, for the use, benefit and security of all and singular the persons and corporations who or which shall, from time to time, be lawful owners or holders of any of the said one thousand four hundred (1,400) bonds, of one thousand dollars each, which may be issued and outstanding, with pro rata equality, without preference or priority, of any of such bondholders over any of the others, and upon the terms and conditions, and with the powers hereinafter expressed ; that is to say : — Article 1. — None of the said Bonds shall be deemed issued, or be valid, or be deemed secured by this mortgage, until there shall have been indorsed upon it a certificate, duly signed by the party of the second part, or its successor or successors to the effect following, viz: “The Fidelity Insur- ance, Trust and Safe Deposit Company, of Philadelphia, the Trustee mentioned within, hereby certifies that the within bond is one of the series described in the mortgage referred -to, which has been duly executed, recorded, and delivered to the Trustee. Six hundred and fifty-one of these bonds will be certified and delivei'ed to the Company on the execution of the mortgage, being at the rate of seven thousand ($7,000) dollars per mile of railroad already constructed ; and as sections of road, not less than ten miles are completed and inspected, the residue of the bonds shall be certified and delivered, at the rate of seven thousand ($7,000) dollars per mile.” Article 2. — It is further Understood and Agreed that until default shall be made, either in the principal or interest of any of the said bonds, said Company is suffered and per- mitted to possess, hold, and enjoy the said railway, with all its appurtenances and e(juipments, and all property conveyed herein; and to use and operate the same, and to receive the income and profits thereof in the same manner as though this indenture had never been made and executed, except as here- inafter expressed with reference to any land scrij) or lands hereafter earned or acquired from the State of Texas by the construction of said road. It is Covenanted and Agreed that while the said party of the first part shall remain in possession of the premises hereby mort- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 267 gaged, and there shall be no default in the payment of interest, sinking fund, or principal hereunder, the said party of the second part, or its successor or successors in the said trust, shall have full power and authority, to be exercised in its or their own dis-p^ cretion, to release from the lien and operation of these pres- ents, in su«h manner as it or they may deem proper, any portion of the premises or property hereby mortgaged which may be appurtenant to the said railroad, or which may have been acquired or held for the uses or purposes thereof, but which, in the judgment of the said Trustee, shall be no longer requisite for use in connection therewith, or w^hich shall have been acquired or held for stations, depots, shops, or other buildings, or for supplying fuel, gravel, or other material, and which, in the Trustee’s judgment, shall be no longer requisite to be kept for such purposes, and likewise any lands not occu- pied by the track which may become disused by reason of the change in the location of any station-house, depot, shop, or other building connected with the said railroad, and likewise any land occupied by the tracks adjacent to such station house, depot, shop, or other building which the said party of the first part, its successors or assigns, may deem it ex})edient to disuse or abandon by reason of such change, and likewise any part of the original line of track or roadway, and of the depot grounds, buildings, or accommodation connected there- with, which may have been thrown out of use and ceased to forni part of the railroad at the time of such release by reason of straightening or alteration of th(‘ line of the said road; pro- vided, always, that the power of release given by this article is designed to be exercised, and shall be exercised only in case of the said Railroad Company’s selling, or contract- ing to sell, the property so to be released, because of its being no longer recpiired for the uses or i)urposes of said rail- road, and iXMpiiring the same to be released in order to give a perfect title to the purchaser or purchasers; and i)rovidcd, further, that when such released premises shall have been thrown out of use or cease to be reciuired by reason of change of the line of road or change of de})ot grounds, buildings, or other accommodations, substitutes therefor, of equal or greater property of equal value, shall be conveyed by appro})riate deeds to the to Trustee upon the trusts, and for the uses and purposes of this inden- ture, before the giving of such release muler the power con- tained in this article. 268 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Taxes, etc., paid. ARTICLE 3 . — The said Party of the First Part, binds itself to pay and satisfy all taxes of every kind whatsoever, which may be lawfully levied or imposed upon. any of the lands, property, or objects embraced in this mortgage. Should it fail so to do for sixty days from the time when such taxes shall become due and payable, the party of the second part, its successor or successors, may pay them and collect any amount so paid from the party of the first part, or it may use any money, funds, or bonds of the party of the first part for that purpose. Default continued for Six Months. Trustee may enter into Possession. Lands and Land Scrip. Article 4. — If Default be made in the payment of the interest which shall accrue upon said bonds, or any of them, or any part thereof, or of the sinking fund, or any part thereof, and if the default continues for the space of six months, said party of the second part, its successor or successors in said trust, is hereby empowered to, and upon the request of the holders of one-third of the bonds issued hereunder and then outstanding, shall commence foreclosure proceedings for such interest or sinking fund, or enter upon and take pos- session, without process of law, or other legal proceedings, of the railway herein mortgaged, so far as said line may then be constructed or in operation, together with all and singular the equipment and rolling stock, depots, and appurtenances as hereinbefore described, as well as all land scrip and lands then earned or acquired, and is authorized to operate and work said railway, making from time to time, while in posses- sion, all such repairs and replacements and all such altera- tions, additions, and improvements to the said railroad and other mortgaged property as shall be necessary and proper, and as the income of the said mortgaged premises shall be adequate to pay for, and to receive the earnings, income, and profits of the same, and pay the expenses of operating and maintenance until the net profits shall be sufficient to pay and discharge all existing arrears of interest or sinking fund, whereupon said arrears of interest or sinking fund shall be paid, and all of said property shall be surrendered and delivered to the party of the first part. Access to Books of R is understood that while so in possession, the party of the Company. second part shall have free access to all the books of the Com- pany, and shall have the right to payout of said earnings its own expenses, with reasonable charges and costs. THE MISSOURI, KANSAS AND TEXAS RAILAVAY. 2r,9 Akticlp: 5. — In Case of Default in the payment of any Default continued interest upon said bonds, and such default continuing twelve Twelve Months, months, the whole principal sum mentioned in each and all of said bonds then outstanding shall, at the option of the holders of one-third in interest of the said bonds then outstanding. forthwith become due and payable, and in that event, or in case of default in the payment of the principal of said bonds, or any of them, at the maturity of said bonds, the party of the second part, or its successor or successors in this trust, shall foreclose this mortgage by legal proceedings, and sell, or Proceed^ cause to be sold, the said railway and property, and all the^^s^- rights, privileges, and franchises, and all the appurtenances herein conveyed, as above expressed, including lands and land scrip, as well as all the benefit of the equity of redemption of the party of the first part in and to the same, with the benefit of the franchises aforesaid, which sale shall be at public auction, in the City of New York, or at Jefferson, Texas, on Sale at Public previous notice of time and place of such sale by advertise- ment, published not less than three times a week, for ten weeks, in at least two newspapers of general circulation pub- lished in the City of New York, two in the City of Philadel- phia, and two in the State of Texas, and in such other places as may be required by law. And the party of the second part, Trustee’s Deed, its successor or successors, shall make and deliver to the pur- chasers of the said i)remises good and suffcient deeds of con- veyance for the proi)erty, rights, i)rivileges, and franchises, in fee simple, and such sale and conveyance shall be a per- petual bar, both in law and equity, against the party of the first part, its successors and assigns, and all others claiming by, or through, or under them, of all right, title, interest, or claim in and to the pro})erty, rights, privileges, and franchises herein conveyed, and every })art and parcel thereof. The party of the second j)art, its successor or successsors, may Trustee may bid for and purchase said ])roperty, rights, i)rivileges, and ^ franchises, or any i)art thereof, at any such sale. From the proceeds of such sale, the party of the second part, its successor or successors, shall deduct its just allowances for the expenses thereof, including reasonable attorney and counsel fees, and all exi)enses which may have been occasioned in man- aging the said railroad, or the business thereof, together with just compensation for its services. After doing this, the pro- ceeds of sale shall be api)lied to the i)ayment of the principal ^ and interest of the said bonds then outstandinj;. If not sufiicient 270 THE MISSOURI, KANSAS AND TEXAS RAILWAY. to pay the whole amount, then pro rata without discrimnation or preference. If there be a surplus, it shall be paid over to the party of the hrst part, or as any court of competent juris- diction may order. But the purchaser or purchasers at such sale shall not be bound for the application of the purchase- money after paying it to the party of the second part, its suc- cessor or successors, or as the court may direct, or be in any manner answerable for the loss or misapplication thereof. Bonds receivable as It is Covenanted and Agreed that the purchaser or pur- Purchase Money, ^ pro rata. chasers at any sale of the mortgaged premises hereunder shall be entitled, in making settlement for and payment of the pur- chase-money bidden at such sale, to turn in and use towards the payment of such purchase money any of the bonds or coupons held by such purchaser or purchasers to or towards the pay- ment whereof the net proceeds of such sale shall be legally applicable, reckoning such bonds or coupons for such purpose at such sum as shall be payable out of the net proceeds of such sale to sueh purchaser or purchasers as holder or holders of sueh bonds or coupons for his or their just share and propor- tion in that character of such net proceeds of sale, upon due apportionment of and accounting concerning such net proceeds, due receipts and acknowledgments being thereupon given by the holders of such bonds or coupons for the amount thus realized thereon, by means of turning in and using the same as aforesaid, and the said bonds or coupons being either deliv- ered up to the person or persons making the sale and entitled to receive payment of the purchase-money, or due indorse- ment being made thereon of the amount so realized on account thereof. Covenant for further ARTICLE 6 . — The said. The East Line AND Red River Rail- Assurance. i i r. ROAD Company, the party of the first part, does for itself and its suecessors eovenant, promise, and agree with the party of of the second part, and its successor and successors, that it will at any time or times hereafter execute, acknowledge, and deliver under its corporate seal, to the party of the second part, its successor or successors, all such further and other assurances, conveyanees, transfers, and instruments in writing, and do all such further acts as may be proper or necessary, or as the counsel of said party of the second part, its successor or suc- cessors, learned in the law, shall deem necessary, })roi)er, or expedient, for the better and more effectual securing of the payment of the series of bonds provided to be issued under THK MISSOURI, KANSAS AND TEXAS RAILWAY 271 and by virtue of these presents, and the interest due or to become due thereon, and for carrying into effect the object and design of this conveyance, and preserving and keeping valid the lien hereby intended to be created upon the prop- erty herein and hereby conveyed. Article 7 . — The Party of the First Part does hereby Sinking Fund, covenant and promise with and to the party of the second part, that it will appropriate and set apart, from and out of the earnings of the said railroad, for the year commencing September 1st, 1885, and each successive year thereafter, until all the bonds provided for by this indenture shall be paid off and extinguished, a sum annually equal to not less than two per cent, of the amount of all such bonds as shall then be out- standing hereunder, which sum shall be paid to the party of the second part, its successor or successors in this trust by the party of the first part, on or before the fifteenth day of Decem- ber following the close of each of said years, and the said last mentioned moneys, together with all moneys which may accrue to and be received in the execution of said trust, and the interest on all bonds purchased or received by the party • of the second i)art, its successor or successors in this trust, under the provisions of this conveyance (which interest shall be regularly paid by the party of the first part, to the j)arty of the second {)art, its successor or successors in this trust, until the maturity of the bonds), after debiting all charges and expenses in the execution thereof, shall constitute a sinking fund for the redemption of the said bonds, and shall be faith- fully ai)plied to that object. Tlie Holders of Oiie-Thiri’ the construction and CMiuipment of its railroad, heretofore issued * ^ , Nfort^agetoSagean its bonds for the sum of one thousand dollars each, amounting Cowdrey, Trustees, • ,1 4 . 4 . 4.1 '*1 x*x* ’ll' 4 - dated Nov. 14, 1868. in the aggregate to the iirmcipal sum ot tour million, two hundred and fifty thousand dollars, and numbered from one to four thousand two hundred and fifty, both inclusive, all of which said bonds bear date the fourteenth day of November, one thousand eight hundred and sixty-eight, and are secured by a trust deed or mortgage of the same date, executed by said Railway Coinjiany to Russell Sage and X. A. Cowdrey, of the City of New York, and duly recorded in the State of Kansas, conveying the right of way, road, franchises, property, real and personal, and the lands granted to said Railway Company, and jiroviding for the creation of a sinking fund for the })ay- ment of said bonds, as by rcderimci'. tlnu'eto will mor(‘ fully appear; And Wliereas, the said Union Racific Railway Company, change of Name of Southern Branch, afterwards, and in pursuance of the power and authority conferred by the laws of the State of Kansas, changed its name to the Missouri, Kansas and Texas Railway Company, the ])arty of the first part to this indenture; And Whereas, there are now outstanding of the said bonds for $2,296,000, out- standing. thousand dollars ( $2,29(),0()() ), and no more; ( 279 ) 280 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Bonds of Tebo& And Whereas, the Tebo and Neosho Railroad Company, $2,000,000 under^*’ incorporated under an Act of the General Assembly of the Tmsf^otnp^iy State of Missouri, approved March 12, 1859, for the purpose. Trustee, dated June among other things, of building, equipping, and operating a ’ ^ * railroad running from Sedalia, in Pettis County, and State of Missouri, southwesterly to the boundary line between said State and the State of Kansas, did for that purpose issue its bonds for the sum of one thousand dollars each, amounting in the aggregate to the principal sum of two million dollars, and numbered from one to two thousand, both inclusive, all of which are dated the first day of June, one thousand eight hundred and seventy, and are secured by a trust deed or mortgage of the same date, executed by the said Company to the Union Trust Company, of the City of New Yprk, conveying the said railroad, its rights, franchises, and property, real and })ersonal, and providing for the creation of a sinking fund for the payment of said bonds, as by reference to said trust deed or mortgage, duly recorded in the proper offices in the State of Missouri, will more fully appear ; Sale of the Tebo & And Whereas, after the issue of said bonds, and the execu- ^uri^Kans^s^&^^* mortgage by the Tebo and Neosho Texas Ry. Co. Railroad Company, the said Company, by virtue of the power and authority conferred by the statutes of the State of Mis- souri, sold the railroad above described, and all the corporate rights and franchises held and owned by said Company, to the Missouri, Kansas and Texas Railway Company, and the said last named conqiany became the owner thereof, and vested with all the corporate rights, ^lowers, and franchises apper- taining thereto, and to the said Tebo and Neosho Railroad Company, belonging, subject to the lien and oi)cration of the trust deed or mortgage aforesaid last described ; Bonds of Tebo & Ne- And Whereas, there are now outstanding of the lionds last oS o^sUinSng described three hundred and forty-nine thousand ($349,000) dollars, and no more; ^ And Whereas, the party hereto of the first })art did, on or Consolidated Mort- . . gage to Union Trust about the first day of Fe])ruary, one thousand eight hundred and «eventy-one, duly make, execute, and deliver unto the l^nion Trust Company, of New York, a certain trust deed or mortgage, known as a Consolidated Mortgage, whereby the said })ai-ty of the first part did duly grant, bargain, sell, assign, transfer, and convey unto the said party of the second part, the })ro})erty, both real and personal, and mixed, and the corporate rights. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 281 powers, franchises, and })rivileges therein set forth and described, to have and to hold the same unto the said Union Trust Company, its successor or successors, and assigns, in trust, to secure the payment of bonds in the sum of one thou- sand dollars ofteh, amounting to the aggregate principal sum of fourteen millions of dollars, and numbered from one to fourteen thousand, both inclusive, and for the uses, intents, and purposes in the said indenture of mortgage fully expressed and declared, as by reference thereto, duly recorded, among other places, in the office of the Recorder of the County of Pettis, in the State of Missouri, will more fully and at large appear ; And Whereas, there are now outstanding of the said above authorized issue of fourteen millions of dollars, l)onds for ten ooo under said Mort- millions, four hundred and ninety thousand dollars ^ and no more; And AVliereas, after the execution and delivery of the said Additional Mortgage trust deed or mortgage, the said i)arty of the tirst part TrSee” June*! ’ acquire and become the owner of certain other corporate rail- 1872. road rights and franchises and ])ropertv, real and personal, and did thereupon proceed, under and pursuant to the Tenth Article of the said mortgage of Eebruary 1, 1S71, to make a further issue of two thousand tiv(‘ hundred bonds, in the sum of OIK* thousand dollars each, amounting to the aggregate prin- cipal sum of two millions, tive hundred thousand dollars, and numbered from fouideen thousand and one to sixteen thousand tive hundred, l)oth inclusive, and did thereupon make, ex(‘cute, and deliver to tin* said Union Trust Com})any an additional trust de(‘d or moi*tgage, l)(*aring date tin* tirst day of dune, one thousand eight hundred and seventy-two, wlu'reby tin* said l):irty of the tii'st i)art did bring in the said certain other cor- })orate railroad rights and franchises and property, real and personal, which tin* said paidy of the tirst part did so accpiire, for the i)urpos(‘ and with the intent of securing the payment of the said further issue of bonds, e(iually and alike, upon the j)roperty of the said party of the tii'st })art, as by retVrence to the said trust deed or mortgage*, and duly recorded as afore- said, will fully and at large appear; And Wliereas, the whole amount of said last m(*ntioned Bonds for $2,500,000, bonds, to wit : two millions, tive hundred thousand ( $2, 500, OOO) conSucted™^^ States of Missouri, Kansas, and Texas, and the Acts of Congress of July 25 and 26, 1866, is entitled to build or acquire branches and extensions of its constructed and existing line of railway ; No Floating Debt, And Whereas, the said party of the first part is free from except, etc. Money floatiiio^ debts, excei:>t for such amount as is herein provided for ; Purposes. but WHEREAS the Said party of the first part will require the money herein contemplated to be raised in order to exchange, retire, or provide for its above recited existing bonded or funded indebtedness, as hereinafter provided, and in order to complete its railway system, so that it can transact the railway business of the rapidly growing regions naturally tributary to its lines, and for that purpose, as well as to hold and jirotect the value of its franchises, property and business, the said party of the first })art contenqilates the construction and acquisition of extensions and branches of its existing road, includino: such extensions and branches as are now authorized, and such as may be hereafter autliorized ; the construction and completion of road, as aforesaid, to include the making of betterments on existing or future accpiired or constructed THE MISSOURI, KANSAS AND TEXAS RAILWAY. 285 road; the procuring of rights of Avay, depot grounds, the erection of machine shops, depots, the purchase of ecjui})- ment, and tjie acquiring of all the usual appurtenances of a railway, and the usual and proper facilities for the transaction of the business of its railway ; And AVhereas, the stockholders of the party of the first part at their annual meeting held on the 19th day of May, 1880, adopted a resolution authorizing the creation of a General Consolidated Mortgage upon the franchises and property of the party of the first part, to secure a contemplated issue of bonds to the amount of forty-five millions of dollars ($45,000,000), for the purposes aforesaid recited, and in this instrument hereinafter more fully stated and described ; And Whereas, similar action was taken by the stockholders of the party of the first part at a special meeting thereof duly convened and held at Parsons, Kansas, on the 17th day of November, 1880, authorizing the execution of this indenture ; And Wliereas, this indenture has also been authorized by the action of the Board of Dii*ectors of the part}' of the first part ; And Whereas, in i)ursuance of said resolution and author- ity, and as authorized to do by law, the i)arty of the first part has determined to issue said bonds to the extent of forty-five millions of dollars ( $45,000, 000), and to secure the j)ayment of the same, principal and interest, by this deed of trust ; tht‘. said bonds to be pjiyable, principal and interest, in gold coin of the United States, of or eciual in weight and fineness to the present standard ; the said bonds to stand etjually and ratably secured hereby without any })reference wlnitever arising from time of issue or otherwise, and to be issued asreciuired for tin; })urposc[s] aforesaid, and in manner and on the conditions as herein provided, and each of said bonds to be duly executed by and under the seal of the ])arty of the first part, signed and attested by its President and Secret;iry, and the interest war- rants to be authenticated by or with the name of the Secretary, and upon each of said bonds being so signed, sealed, executed, jind authenticated, they are to be countersigned or certified by the said l)arty of the second part ‘in its capacity as Trustee, which countersigning or certifying shall be conclusive, and the only sufficient proof that the said bond is secured by this General Con- solidated Mortgage, authorized at Annual Meeting, May 19, 1880. Special Meeting of Stockholders for this Purpose. Authorized by Board of Directors, also. Ponds for $45,- 000,000 under this Mortgage. 28G tup: MISSOURI, Kansas and Texas railway. indenture, and eaeh of which bonds is substantially in the fol- lowing form : O United States of AMEPacA, Form of Bond. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. GENERAL CONSOLIDATED MORTGAGE BOND. No. $ 1 , 000 . Six per cent. — Gold — Principal and Interest. 45,000 Bonds of $1,000 each. If Default made. Stockholders not Personally Liable. Waiver of Stay and other Laws. Forty years afterdate, for value received, the Missouri, Kan- sas AND Texas Railway Company, a corporation created by the laws of Kansas, and under the authority of Acts of Congress and of the Legislatures of the States of Alissouri, Kansas, and Texas, OMiiing lines of railway in said States and through the Indian Territory, promises to pay in gold coin of the United States of America, of or equal to the present standard of value, to the holder of this bond, or in case this bond be registered, then to the registered owner thereof, at its financial agency in the City of New York, one thousand dollars, and also interest thereon, at the rate of six per centum per annum, payable semi-annually in like gold coin, on the first days of June and December in each year, on the presentation and surrender of the respective interest coupons hereto annexed at the financial agency aforesaid. This bond is one of a series of forty-five thousand bonds, each of the denomination of one thousand dollars, numbered from one to forty-five thousand inclusive, the payment of the prin- cipal and interest of which is secured by a deed of trust, of even date herewith, conveying to the Mercantile Trust Com- pany, in trust for the holders of said bonds, the entire railways, rolling stock, equipment, franchises, leaseholds, lands, and land grants, property and income of said Company, as specified in said deed of trust. If default shall be made in the payment of any semi-annual installment of interest on this bond when the same shall become due, and be demanded, and shall remain unpaid for six months after such demand, the principal of this bond shall liecome due and payable in the manner provided in the said deed of trust. The said Com})any and all of its property is liable to pay this bond, but stockholders of the Company are not indi- vidually liable thereon or in respect thereto. Said Comi)any hereby waives the benefit of any extension, stay, or appraisement laws now existing, or that may hereafter exist. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 287 This bond is to be valid only when authenticated by a eerti- Certification by ficate indorsed hereon, signed by the Trustee, to the effect that it is one of the bonds secured by the said deed of trust. In Witness Whereof, the said Company has caused its corporate name to be hereto signed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, this the first day of December, 1880, and the annexed interest coupons to be executed with the engraved signa- ture of its Secretary. Missouri, Kansas and Texas Railway Company. By , President. Attest : , Secretary. Form of Coupon or Interest Warrant. No. $30.00. The Missouri, Kansas and Texas Railway Company will coupon pay the bearer, at its financial agency in the City of New York, Thirty Dollars in United States gold coin, ou the day of 188 , being six months’ interest then due on its General Consolidated Mortjjajje Bond, No. , Secretary . And each and of said bonds shall have indorsed thereon the following Certificate of the Trustee. “ Trustee’s Certificate.” “ It is hereb}" certified that the within bond is one of the Trustees’ Certificate, bonds secured by the said deed of trust within mentioned. , Trustee.'' Which said bonds shall also have indorsed thereon the fol- lowing, viz : “This bond shall pass by delivery or by transfer on the books of said Company in the City of New York ; after regis- tration of ownership certified hereon by the transfer agent of said Company, no further transfer except on the books of the Company shall be valid, unless transferred to bearer on said books, after which this bond shall })ass by delivery as at first, but shall continue subject to registration and transfer to liearer successively, at the option of each holder.” 288 THE MISSOUIH, KANSAS AND TEXAS RAILWAY. This Indenture Now, Tlierefore, this Indenture Witnesseth, that the said conveys party hei^eto of the first part, for and in consideration of the premises, and of the sum of one dollar to it duly paid by the party hereto of the second part, and in order to secure the payment of the principal and interest of the bonds secured hereby, according to the tenor thereof, and in the manner herein provided, hath granted, bargained, sold, assigned, transferred, and conveyed, and by these presents doth grant, bargain, sell, assign, transfer, and convey unto the said party of the second part, its lawful successor, or successors, in the trust hereby created, and assigns. Road from Junction FiRST. — All and Singular the Railroad, as the same is operated, extending from Junction City, in Davis County, and State of Kansas, down the Valley of the Neosho River, through the Counties of Davis, Morris, Lyon, Coffee, Woodson, Allen, Neosho, and Labette, to a point on the southern boundary line of said State, between the Neosho ^ River and the western boundary of Labette County, a distance of one hundred and eighty-two miles, more or less. Lands granted in Aid of Construction of Union Pacific Ry., Southern Branch. Lands acquired under Act of Con- gress, of Sept. 4, 1841. And also, all the right, title, and interest which the party of hrst part has, by reason of construction of said line of said road, to and in any land or lands heretofore granted by any act of Congress to the State of Kansas to aid such construction, the said lands being the same, or so much thereof as remain unsold at the date hereof, which were granted by acts of Congress to the State of Kansas, and by said State to the Union Pacihc Railway, Southern Branch, as set forth in the said mortgage executed by the party of the lirst part to the LTnion Trust Company, bearing date February 1, 1871, to which reference is hereby made, and also all the right, title, and interest of the said party of the first part in and to the proceeds of such of said lands as may have been sold, which heretofore belonged to the said Railway Company, or in which the said Company was in any way interested, and which are now unex- pended and unapplied ; and also all the right, title, and interest of the said party of the first part in and to any proceeds of lands granted to the State of Kansas by act of Congress, entitled “An Act to appropriate the proceeds of the sale of public lands, and to grant pre-emption rights,” approved Sep- tember 4, 1841, and heretofore sold by said State, under and by virtue of an act of the Legislature of the State of Kansas, entitled “An Act providing for the sale of j)ublic lands to aid THE MISSOURI, KANSAS AND TEXAS RAILWAY. 289 in the construction of certain railroads,” approved February 23, 18G()^ and also all the right, title, and interest of the party of the lirst part in and to such of the lands granted by the act of Congress aforesaid, which were heretofore sold and conveyed by the State of Kansas to the Land Grant Railway 1 11 . 1 1 ^ 1 Land Grant, Kaihvay and I rust Company, and by said Company to the party of the and Trust Co. first part, together Avith all and singular the tenements, here- ditaments, rights, privileges, easements, income, advantages, and appurtenances to the said lands and jiremises belonging or in anywise appertaining, and the reversion and reversions, remain- der and remainders, rents, issues, and profits thereof ; and also all the estate, right, title and interest, property, claim and demand Avhatsoever, at law or in ecpiity, of the said party of the first part, of, in, and to the same, and any and every part or parcel thereof situate in the State of Kansas. Second. — Also, all and singular the said line of railroad , Road from State constructed and operated from the said southern boundary hue of the State of Kansas, southerh’ through the Indian Terri- tory, to the southern [northern] boundary line of the State of Texas, to a point at or near the town of Denison, in said State, a distance of two hundred and fifty miles, more or less; and also all the right, title, and interest which the party of the first part now has or may hereafter acquire by reason of construct- ing the extension of the said line of railroad through the Indian Territory, in and to any lands granted by the acts of Congress aforesaid, or which the said i)arty of the first part now has oi* . ^ ‘ ^ Acquisitions trom may hereafter accpiire, under and by virtue of a treaty or Indian Nations. treaties from any Indian nation or tribe, or otherwise, howso- ever, appertaining to the aforesaid extension, together with all the I’ights, privileges, tenements, hereditaments, and appurtenances that may belong or appertain thereto ; the ,1 ^ , , . / . ’ Ten Alternate Sec- laiul granted under said acts (')t Congress being ten alternate tions granted by sections of land on each side of said railroad. Acts of Congress. Whereas, the party of the first jiart in the mortgage of the ^tortgage of Union -i* LI I 11 I /. XT Pacific Railway I'nion l^acihc Railway Company, Southern Branch, of No- Company, Southern vemhe,' 14th, 1 8.is, t„ Russoll ' Sajro an.l N. A. Cowdrey, Trustees, included therein, among other property, the lands ther(*in described ; AimI Whereas, the party of the first part in the «aid mortgage of February I, 1871 , to the said Union Trust C>)m-T- Ry. Co. to Union pany incliuhal among other projierty, the lands and land grants Feb!* 1 , ish. therein mention(‘d and described; 290 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Bonds outstanding under said Mort- gages. Sale of Lands under said Mortgages. Proceeds how applied. Execution of Deeds to Land by this Trustee. Lands not subject to this Mortgage, while Prior Mortgages are in Existence. I Sales of Lands by this Trustee under Terms of 9th Article of Mortgage of Feb. 1, 1871. Anti Whereas, bonds under the two last named mortgages remain outstanding and unpaid as hereinbefore recited ; And Whereas, provision is made in the said mortgages in respect to the sale of said lands, and the appropriation of the proceeds thereof to the payment of the bonds secured by the said several mortgages in manner and form as therein respec- tively set forth ; And Whereas, the proceeds of said sale are, in law, appli- cable to the payment of the bonds under the said mortgages before any portion thereof can be applied to or taken for the payment of bonds issued under this indenture ; And Whereas, while the bonds, or any portion of them, under the said two mortgages, are outstanding and unpaid, it would cause inconvenience and trouble to require all contracts, deeds, and conveyances to be signed by the Trustee under this indenture ; Now it is Expressly Agreed by and between the parties hereto, that, while any of the bonds under the said two mortgages, or either of them, above mentioned, remain out- standing and unpaid, the lands in the said mortgages described, or any part of them, may be sold in accordance with the pro- visions in the said mortgages contained, and the proceeds applied to the payment of the bonds secured thereby, the same as if this indenture had not been made, and, as to the same, this indenture shall constitute no lien after such sale has been made upon the lands in the hands of the purchaser or pur- chasers thereof, and no release or conveyance by the party of the second part hereto is or shall be necessary to give title to the purchaser or purchasers thereof, free from the lien of this indenture, any thing in the above clauses First and Second to the contrary notwithstanding. And it is further Expressly Agreed by and between the parties hereto, that when the bonds secured by the said two mortgages above mentioned are fully paid or retired and can- celled, and the said mortgages satisfied, that then and in such case all of the provisions of the Ninth Article of the said mort- gage of February 1, 1871, shall be considered and taken as a part of this instrument as fully to all intents and purposes as if it were incorporated herein, substituting, however, the party of the second part hereto in the place of the said Union Trust Company, and the bonds issued hereunder in place of those THE MISSOURI, KANSAS AND TEXAS RAILW AY. 291 issued under the same mortgage of February 1 , 1871 ; provided however, that the proceeds of the sales of said lands, less taxes and the expenses of selling said land, shall be used to pay the interest on the bonds secured hereby as the same shall, from time to time, fall due. Third. — All and Singular the Railroad, as the same is now Road from Sedaliato constructed, extending from Sedalia, in Pettis County, in tbe State of Missouri, to the western boundary of said State, distance of one hundred miles, more or less, being the railroad acquired by the party of the first part by purchase from the Tebo and Neosho Railroad Company, as hereinbefore men- tioned. Fourth. — All and Singular the Railroad, which the party Road from Parsons of the first part acquired from the Labette and Sedalia Railway between^Kan^ar and Company, which is noAv constructed from the town of Parsons, Missouri, 60 Miles, in Labette County, in the State of Kansas, on the mainline of the railroad of the party of the first part, northeasterly, through Labette, Neosho, Crawford, and Bourbon Counties, to the boundary line between the States of Kansas and Missouri, and to the point in said boundary line, where the same intersects the railroad ac(juired by the said party of the first part, from the Tebo and Neosho Railroad Company, as aforesaid, a distance of sixty miles, more or less. Fifth. — All and Singular tlie Railroad constructed from Road from Holden the town of Holden, on the Missouri Pacific Railroad, in the , ’ between Kansas and County of dohnson. State of Missouri, thence into and through Missouri, 38 Miles, the municipal township of Camp Branch, jind into and through the municipal townshij) of Grand River, and into and through the corporate limits of the City of Harrisonville, in Cass County, and thence to the western boundary line of the State of Missouri, in the direction of the town of Paola, in the State of Kansas, a distance of about thirty-eight miles, subject to the existing lease thereof to the Missouri Pacific Railway Com- pany, together with all lands, tenements, and hereditaments accpiired or to be acquired, for rights of Avay for the said portion of railroad hereby conveyed, and all the appurtenances thereto belonging, and also all lands acquired and appropriated, or to be acquired and ai)propriated, for depots, superstructures, buildings, erections, and fixtures on the said line of railroad, and all tracks, bridges, viaducts, culverts, fences, and all houses and buildings thereon or appertaining thereto. 292 THK MISSOUKI, KANSAS AND TEXAS KAILWAY. Road from state SixTii. — 8o iiiucli of the Line of Railway heretofore Line, West, 15 Miles. Neosho Valley and Holden Kailway Company, and liereto[fore] consolidated and made one corporation, with and under the name of the party hereto of the first part as extends from the i)oint, on the eastern boundary line of the State of Kansas, where the railway last above mentioned crosses said boundary line from Cass County, Missouri, to the town of Paola, Kansas, a point on the line of said road, dis- tant fifteen miles westerly from said boundary line, subject to the lease last aforesaid mentioned, together with all lands, tenements, and hereditaments acquired or to be acquired for rights of way for the said portion of railroad hereby conveyed, and all api)urtenances thereto belonging, and also all lands acquired and appropriated, or to be acquired or appropriated, for depots, superstructures, buildings, erections, and fixtures on the said line of railroad, and all tracks, bridges, viaducts, culverts, fences, and all houses and buildings thereon or a})pertaining thereto. Road from Sedalia to SEVENTH. — All and Singular the Railroad of the party Moberl\, -2 Miles, Qf part, HOW constructed and in operation, extending from Sedalia, in the State of Missouri, northerly to Moberly, in said State, a distance of seventy-two miles, being a part of the railroad of the Tebo and Neosho Kailroad Company, conveyed to the said party of the first part, more particularly described in the first additional mortgage, made by the i)arty of the first part, to the said Union Trust Company, dated June 1, 1872, to which reference is hereby made, together with all the rights, powers, })rivileges, and franchises belonging or in anywise appertaining thereto. . f TT 11 Eighth. — The Entire Railroad of and belonging to the Road from Hannibal ^ ^ . to Moberly, 70 Miles. «^aid party of the first part, situate, lying, and being and extendino; from its eastern terminus in the Citv of Hannibal, in the State of Missouri, westerly through the Counties of Marion, Kalis, and Monroe, to the town of Moberly, in the County of Kandolph, as the same has been heretofore and is now constructed, maintained and operated, being seventy miles in length. All Lands. And also, all lands and real estate of every kind and miture, and wheresoever the same may be situate, of or belonging to the said party of the first part, and owned, used, occupied, and enjoyed in the construction, maintenance, and operation of THE MISSOURI, KANSAS AND TEXAS RAILWAY 293 said last described railroad, together with all depots, station- houses, freight-houses, car-houses, machine-shops, cattle Buildings, yards, all other buildings, erections, tenements, structures, and tixtures, and all machinery, tools, rails, ties, tracks, bridges, viaducts, culverts, fences, other constructions or superstructures to the said railroad belonging or appertaining thereto . All of the said aforesaid described Railroads taken Total, 786 Miles, too^ether beino: about seven hundred and emhtv-six miles in lenorth. Any Land or Land Scrip Certificates to which the party Lands and Land of the first part is or may hereafter be entitled, or shall receive Texas, by reason of the construction of railroad in Texas, are not covered by this indenture or the lien thereof, but may be sold by said party of the first part, which party, however, hereby covenants to use the proceeds of any such sale strictly in pay- ment of the interest or })rincipal of the bonds issued under and secured by this indenture. NiNTir. — And also All the followinj* Property, real uihU, , . , Certain other Real personal, now owned, or which may be at any time* hereafter and Personal Prop- acepiired by the party of the first })art, for the use of any or^^^^‘ all the i-ailroads above described, namely, all the lands, tene- ments, and hereditaments, and rights of way, and all lands appropriated for (h‘})ots, superstructure's, buildings, erectieins, and fixture's; and also all tracks, bridges, viaducts, culverts, fences, and other structures, ek'tiots, engine-houses, car-houses, freight-houses, weiod-houses, and other buildings; and all machine-shops and edher shops; and also, all loceimotives, tendei's, cars, and other rolling steick or eepiipments, and also, all machinery, te)ols, implements, fuel, sup[)lies, and materials for ce)nstiucting, e)})erating, repairing, e)r re})lacing the saiel railroads, e)r any e)r either e)t‘ them; and alsee, all cori)()rate and e)ther franchises, powers, rights, and privileges now held and owned by tlie party of the first part, i)ertaining to the said seven hundred and eighty-six miles of constructed road. AihI Wlierea.s, the partv of the first ])art, under and bv' , , . , ; ^ Extensions and virtue of the laws of the States of Kansas, Missouri, and Branches in States Texas, and the aforesaid Acts of Congress of duly 25 and Territories. 18()(), is entitled to build or acipiire by iiurchase, consolidation, or otherwise, extensions and branches of its said road in the [said] States and in the Indian Territory; 294 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Act of Aug. 2, 1870, authorizing Exten- sions in Texas. May consolidate with other Companies. Extension to the Rio Grande. Franchises not cov- ered by Mortgages of Feb. 1, 1871, and April 1, 1876. Bonds for building and acquiring Branches, etc. This Indenture also conveys. And Whereas, the party of the first part under the Act of the Texas Legislature passed August 2, 1870, is authorized to extend its railroad from its present terminus at Denison through the State of Texas to the Rio Grande River, with a view of extending the same to the City of Mexico, and has also the right to construct branches in the said State of Texas by virtue of said last mentioned Act, and the right to purchase, join stocks and unite or consolidate Avith any connecting rail- road company with the approval and consent of a majority in interest of the stockholders, and to acquire and merge into itself all or any part of the property, rights, and privileges and franchises of such [other] company as therein provided ; And Whereas, the said party of the first has resolved to extend its line to the Rio Grande, either by direct or sole con- struction on its own account, or by joint construction or arrangement, with other companies as may be found most expedient, and likcAvise to build or acquire other branches and extensions in Texas and elsewhere ; And Whereas, franchises pertaining to road not now con- structed are not embraced in the said mortgages of February 1st, 1871, and April 1st, 187(1, which point has been so adjudged and decided by the United States Circuit Court for the District of Kansas. And Whereas, to provide the means for building and acquir- ing such branches and extensions, an issue of bonds, to be secured by this indenture, at the rate of not exceeding twenty thousand dollars per mile of road, has been authorized by the Board of Directors and by the stockholders of the pai’ty of the first part, at the meetings hereinbefore referred to; Now, Therefore, the said party of the first part (in addition to the seven hundred and eighty-six miles of road hereinbefore particularly described, in respect to Avhich the said mortgages of February 1st, 1871, and April 1st, 1876, to the extent of all valid and subsisting indebtedness thereunder or authorized thereby, are prior in lien to this indenture), doth, by these presents, grant, bargain, sell, assign, transfer, and convey unto the said party of the second part herein, all of its franchises under the said Texas Act of August 2d, 1870, before referred to, in respect to the line of road to be constructed or accjuired, from the existing terminus of its road at Denison to the Rio Grande, and all branches which it is authorized or may here- THE IMISSOURl, KANSAS AND TEXAS RAILWAY 295 after be autliorized to construct in the State of Texas, and in the Indian Territory, and in the States of Missouri, Kansas and elsewhere, and all and singular its railroads and branches to be constructed or acquired under its existing charters, constituent acts, or any amendments thereof, and also including in the grant and conveyance herein and hereby made, all roads now owned by it and all that it m.ay hereafter own, whether built by itself or acquired by purchase, consolidation, or otherwise, and all leasehold rights which may be acquired in other roads, and all rights acquired or to be acquired in other roads, under contracts for the sole or joint use thereof by the party of the first part, and also all the lands, tenements, .and hereditaments acquired or .appropriated, or which may hereafter be acquired or approriated, for the purpose of a right of way for said rail- road, its extensions and branches, and all the easements or appurtenances thereunto belonging or in anywise appcrtainiim, and all railways, w.ays, and rights of way. dtqiot grounds,' tracks, bridges, viaducts, culverts, fences, and other struc- tures, depots, station-houses, engine-houses, car-houses, freight-houses, wood-houses, warehouses, machiue-shops,’ work-shops, superstructures, erections, and fixtures, whether now held or hereafter at any time acijuired for the use of said railroad, its extensions and branches, or in connection there- with, or the business thereof, also all loeomotives, tenders, cars, and other rolling stock or eipiipments, and all rails, ties chairs, and machinery, tools, implements, fuel, and materials whatsoever, for or in respect of the eonstruetinjr, operatiim repairing, or rei.lacing said railroa.l or anv part thereof or convenient or necessary [for use] for the purposes theri’of, whether now held and owne.l or hereafter to be acquired by the said party of the first part, together with all th(> eiuiip- ments or aiqmrtenances whatseover thereunto belomdn.r whether now hold or hereafter ae.,uired, and all franehises'’eon- nected with or relating to said railroad, its extensions and branches, or the construction, maintenance, or use thereof, now held or hereafter acquired by the jiarty of the first pai t,’ am all corporate franchises of any nature relating thereto, me hiding the franchise to be a corporation and operate said lailroad, which are now or may hereafter be iiossessed or exercised by the iiarty of the first part, together with all and singular the endowments, income and advantages, teiicments, hereditaments, and appurtenances to the above-mentioned rail- road premises or proiierty belonging or in any wise ap|)ortain- Branches authorized to be constructed in Missouri, Kansas, Texas, and Indian Territory. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 29 (> ing, and the reversion and reversions, remainder and remainders, tolls, incomes, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, posses- sion, claim, and demand whatsoever, inlaw as well as in equity, present or prospective, of the said party of the first part, of, in, and to the same and every part and parcel thereof , with the appurtenances ; To have and to hold. To Have and to Hold, the above described premises, prop- erty, rights, franchises, and appurtenances and unto the party of the second part, and its successors and assigns forever, to the only proper use, benefit, and behoof of the party of the second part, its successors and assigns. In Trust. In Trust, Nevertheless, for the equal py'O rata benefit and security of all and every the persons or corporations who may be or become holders of any of the bonds issued hereunder, without any preference or priority of any one bond over another, or by reason of priority in time of issue or of nego- tiation thereof, or otherwise, and for the uses and purposes herein declared and expressed. Taxes, etc., to bei . The said Railway Company, the said party of the first part, char^ed 1 )^Granfor' covenants and agrees to and with the said Trustee, the said party of the second part, for the benefit of the bond- holders secured hereby, that it Avill pay all lawful taxes and assessments upon said property hereby mortgaged, at any time legally levied and assessed thereon; that it will suffer no mechanics’, statutory, or laborers’ liens, which shall have priority to this mortgage, to be created or placed on any part or portion of said railways, or any part of the estate and property hereby mortgaged, to the end that the priority of this indenture shall, at all times, be maintained; that it shall and will, at all times, when demanded by the Trustee, keep Insurance. insured its rolling stock, tools, and machineiy, its buildings, bridges, and all other structures erected, or to be erected, on the aforesaid premises, and all other property provided for use in connection with the said railways herein described usually insured ly' railway companies, and in the same manner, and to the same extent ; and that it shall and will diligently pi’e- , . serve all the riMits and franchises to it ji'ranted and 111)011 it con- Franchises pre- ^ ^ . served. ferred, and shall and will, at all times, maintain, preserve, and keep the same, and every part thereof , with the rolling stock, fixtures, and a})])urtenances, and every ])art and parcel tluMvof, in good repair, working order, and condition, and supplied with THE MISSOURI, KANSAS AND TEXAS RAILWAY. 297 nil necessary motive power, rolling stock and ecpiipment, and shall and will, from time to time, make all needfid and proper repairs, renewals, and replacements, usefid and proper altera- tions, additions, betterments, and improvements. And the said Railway Company further covenants, that it Bonds to be issued will not issue, negotiate, sell, or otherwise dispose of the con-y[Ijed.^* solidated bonds to be issued hereunder, in any manner incon- sistent with the provisions of these presents and its coA^enants and agreements in that behalf herein contained, and that it will apply the proceeds thereof exclusively for the purposes herein stated and provided for. And for the purpose of securing to the holders of any of the Certification of said bonds to be issued hereunder, that none of said bonds Trustee, shall be issued except as herein provided, it is hereby stipu- lated and agreed by the said party of the first })art,'tiiat the said Trustee herein, or his successor or successors in said trust, shall certify and deliv'er said bonds only as follows: — Section EntST. — l^onds Xunibered from One to Twenty- Bonds Nos. 1 to 2296 Two Hundred and Xinety-six, both inclusive, amounting in Pa! the aggre<^ate to two million, two hundred and ninetv-six Co., South- thousand ( .$2,299, OOO) dollars, or so many thereof as shall be' necessary are to be issued, and used only in exchange for bonds e(jual in amount and now outstanding, hei‘(*tofor(‘ issued by the Union Pacific Railway C()mi)anv, Southern Bi-auch. Section Second. — Jb>nd.s Xunibered from Twenty-two N os. 2297 to Hundred and XinetA'-seven to Twmity-six Hiindreil aiul Forty-fiv<‘, both inclusive, amounting in the aggrc^gateto three Neosho K. B. Co. liundred and foiUv-nine thousand ($349,000) dollars, or so many thereof as shall be necessary, arc to be issued and used only in exchange for bonds ecpial in amount and now outstand- ing, heretofore issued by the Tebo and Neosho Railroad U()mt)any . Section Third. — Bonds X^umbered from Twenty-six Bonds Nos. 2646 to ■ ■ I I 1 ■'1 ^ ■■ I ■ t ^ 344-') to be exchuiiijed Hundred and Forty-six to Thirty-lour Hundred and r orty- live, both inclusive, amountiim in the aj^irrcefate to ei<>ht liun-^^'"^- B- B- Co. dred thousand ($800, 000) dollars, or so man 3 Ahereof as shall be necessary, art* to be issued, and used only in exchange for bonds e(jual in amount and now outstanding heretofore issued by the Hannibal and C'entral Missouri Railroad Com})anv. Section Eouutii. — Bonds Xiimbereil from Tliirty-four Hundred and Forty-six to Eij*liteen Thousand 4’ wo Hun- THE MISSOURI, KANSAS AND TEXAS RAILWAY. 2i)S Bonds Nos. 344G to 18,217 to be ex- changed for Consoli- dated Mortfiraije Bonds. 1 Airents and Attor- engaged or employed, including reasonable attorneys andjjeys. solicitors’ fees, then to apjily the moneys arising as aforesaid, to the iiayment of the interest in arrear, or which shall become due, on the outstanding bonds secured hereby, in the order in which such interest shall be, or become due, ratably to the per- sons holding the coupons therefor, and after jiaying all such interest which shall have become due, to apply the same to Moneys collected, payment of the princijial of the aforesaid bonds which may, ut applied, that time, be due and unpaid, ratably, without discrimination or preference. And further Provided, that the said liarty of the first part. Voluntary Surrender at any time hereafter before the full jiayment of said bonds, trustee, whenever it, the said party of the first part, shall deem it proper and ex[)edient for the better security of the said bonds, shall be willing to voluntarily surrender to the said Trustee, the said party of the second part, or its successor, or succes- sors in this trust, the possession, control, and management of the said railways, premises, and property, and the business THE MISSOURI, KANSAS AND TEXAS RAILWAY. 30 () Surrender toTruatee without Default. Default continued for Six Months, and not waived. Power of Sale. , thereof, for any term of years certain or indefinite, although there may not have occurred such default as to entitle the said party of the second ]:)art to enter into the possession of the whole or any part of the said railways, rolling stock, premises, property, and rights hereby mortgaged, or intended so to be, it shall be the duty of the Trustee, the said party of the second part, or its successor, or successors in this trust, upon any such surrender and delivery, to enter into and upon the prem- ises so surrendered and delivered, and to take and receive possession, control, and management of said railways andprop- erty so surrendered, for such terms or term of years certain or indefinite, as may be agreed upon by the said parties hereto, but without prejudice to the rights of said party of the second part, subsequently, to insist upon and maintain such possession, control, and management beyond such term when- ever he would have been entitled thereto, if such voluntary surrender had not been made. And upon the voluntary sur- render and delivery of the said premises or property, or any part thereof, as aforesid, the said party of the second part, or its successor, or successors, in this trust, shall during the time for which such possession and control shall be by it taken, and while the same shall remain in its possession thereunder, receive the incomes and revenues thereof, and work, use, and manage, control, operate, and employ the same in such lawful way as may be the most beneficial, as well to the interests of the pub- lic as to the holders of said bonds, intended to be secured hereby, and of the said party of the first [part], and in all re- spects in accordance with the law and the provisions of this Article. Article Third. — In Case Default shall be made in the payment of any interest u})on any of said bonds, or of the principal thereof, as aforesaid, and shall continue for six months after demand made for payment, as aforesaid, it shall be law- ful, unless such default be waived as herein })rovided, for the saidTrusteee, the said party of the second part, or its successor, or successors in this trust, after entry as aforesaid, or other entry, or without entry, by its attorney, or attorneys, agent or agents, to sell and dispose of all and singular the said railways and appurtenances, ])roperty and premises, rights, interests, and franchises hereby conveyed or mortgaged, or intended so to be, at public auction, to the highest bidder, at such time and place in the City of Topeka, in the State of THE MISSOURI, KANSAS AND TEXAS RAHAVAY 307 Kansas, as it may designate, having first given public notice of the time, place, and terms of such sale by advertisement Sale, published not less than five times a week for eight consecutive weeks in one or more newspapers published in the Cities of St. Louis and New York, with the right to adjourn such sale or sales from time to time, in the discretion of such Trustee, giving reasonable notice of such adjournment, and after so Adjournment of adjourning, to make the sale at the time and place to which the same may be adjourned, and on the consummation of the sale upon the terms and conditions thereof, to make and deliver to the purchaser or purchasers thereof good and sufficient deed Trustees’ Deed to or deeds in law for the same in fee simple, which sale, made as aforesaid, shall be a perpetual bar, both at law and in equity, against the said party of the first part and all other persons lawfully claiming or to claim the said railways and appurten- ances, property and premises, rights, interests, and franchises, or any part thereof so sold, by, from, through, or under it. And after deducting from the proceeds of such sifle just allow- ances for all ex])enses of said sale, includinof attornevs’ and of this , , . , Trust deducted from counsel tees, and all other expenses, advances, and habdities Proceeds of Sale. Avhich may have been made or incurred by the said Trustee in oi)erating said railways, or in maintaining the same, or in managing its business while in possession thereof, and all pjiyments which may have been made by it for taxes and assessments and other proper charges iq)on the said railways and aj)purt(‘nances, pro})erty and premises, rights, interests, and franchises, or any part thereof, as well as reasonal)le com- pensation for its own services, then to apply the said proceeds to the payment of the princi})le of such of the aforesaid bonds as may be at such time* un})aid, whether the same shall have previously become due or not, and of the interest which shall, at that time, have accrued on the said })rincipal and be uiq)aid, without discrimination or preference, but ratably to the aggre- gate of said un})aid })rinci})le and accrued and un[)aid interest added together, and after satisfaction of all of said bonds secured hereby, with the interest thereon, to i)ay over the surplus of such proceeds, if any, to the said party of the first i)art, or to such party as may then be entitled to receive the same. Tliis l*rovisioii is Cumulative, to the ordinary remedy hy may waive foreclosure in the Courts, and the Trustee herein or its succes- Sale and , . II.,,- institute Foreclosure sor or succ(‘ssoi*s in this trust, iqion default Ixung made as Proceedings. aforesaid, may at its discretion, and upon tin; written re(]uest 308 THE MISSOURI, KANSAS AND TEXAS RAILWAY. of the holders of the majority in value of the said bonds then unpaid, shall (upon being properly indemnified) institute proeeedings to foreclose this mortgage or deed of trust, in such manner (by sale under the power herein given, or })y suit) as the majority of the said bondholders may direct, and if no such direction is given in this behalf, then in such manner as to the said Trustee may seem most expedient. Company Personally secured hereby the said Railway Coin- Liable, but not the pany, the said party of the first part, is liable in personmn. and any deficit after exhausting the mortgaged security may be enforced against the said Company or its other property, but not against the stockholders individually. Default continued for Six Months. Majority of Bond- holders may instruct Trustee. Article Fourth. — In Case Default shall be made, in the payment of any semi-annual installment of interest on any of the said bonds, at the time and in the manner in the said bonds and interest coujions provided, and if such default shall continue for the period of six months after due demand made for payment, as aforesaid, then in such case, the principal sum of all the said bonds secured hereby shall, in case a majority in interest of the holders of the said bonds, in writing under seal, so elect, become and be immediately due and payable, any- thing contained in the said bonds to the contrary notwith- standing. And a majority in interest of the holders, of said bonds may, by writing, under their hands and seals, executed at a meeting of the said bondholders, or without such meeting. declare, or instruct the then Trustee in this trust to declare, the said principal of the said bonds to be due and immediately payable, or may waive, or may instruct the said Trustee to waive, any default in the payment of principal or interest, on such terms and conditions as such majority in interest may deem proper, provided always, and it is hcreliy declared, that no such action of the Trustee or bondholders shall extend to, or be taken to affect any subse({uent default or to impair the rights resulting therefrom. Rut subsecpient defaults on may^be^waiv^d^ otc ^ payment of jirinciiial or interest may, in like manner, be waived at any time before the entry of a decree of foreclosure, by a majority in interest of the bonds secured hercliy. r T> j Meetiiii».s of the Holders of the said Bonds hereby secured Meetings of Bond- .... " . holders. for tlic determination of, or action upon, any of the (juestions upon which, by any of the jirovisions hereof, the majority in interest of said bondholders, may have the right to decide, may be called by tlie tlien Trustee, or in such otlier mode as may THE MISSOURI, KANSAS AND TEXAS RAILWAY. o O 09 be, from time to time, fixed by such majority in interest of the holders of said bonds, in respect to such meetings, and until said bondholders shall so act, such powers may be exercised by the said Trustee in this trust, and all acts or resolutions of the said bondholders affecting the rights or remedies, or for the benefit of the said bondholders, or the duties of the Trustee, or the interest of the trust hereby created, shall be authenti- cated by the signatures of all the persons assenting thereto, as well as by a record of the proceedings to be kept of any such meetings. Blit it is Unclerstoocl, and hereby expressly declared and Resolutions of Bond- agreed that no act or resolution of any meeting of bondholders non-assenting Bond- er of the Trustee, nor any act or election of, or instrument executed by a majority in interest of all said ])onds, shall im- pair, control, or affect the rights, interests, or remedies, legal or equitable, of any non-assenting bondholder, except in the particulars, and to the extent to which the same is expressly made controlling by the provisions contained herein. Article Fifth. — The said Party of the First Part shall ^ ... . Covenant tor further and does hereby covenant and agree, to and with the said [)arty Assurance, of the second part, and its successor, or successors iuthis trust, on behalf, and for the benelit of, the said bondholders intended to be secured hereby, that it will, from time to time, and at all times hereafter, u[)on reasonable recpiest, make, do, execute, acknowledge, and deliver all such fuifher acts, deeds, convey- ances, and assurances for the better assuring unto the said Trustee and its successor, or successors, in the trust hereby created, u[)()n the trusts, and for the purposes herein exi)ressed or intended, all and singular, the premises, property, railways, e(|uipments, and ajipurtenances, rigjits, franchises, interests, and effects, hereby mortgaged or conveyed in trust, or agreed, or [)ur[)orting, or intend(Ml so to be, whether now owned or pos- sessed by or vested in the said party of tlu‘ first part or sub- sequently ac(iuired by or vested in it, and all other property and things whatsoever which imiy be hereafter accpiired in aid ^ of, or l)y way of substitute for, or what [so] ever use for the pur- poses of the same or any part thei’eof, and all franchises now held or hereafter accjuired relating thereto, including the fran- chise to be a corporation, as may be deemed [)r()per and exjie- dient, subject however, to the limitations and conditions herein provided as to after accpdred proi)erty. Article Sixth. — Said Uailvvay Company, the said party Marshalling of As- of the first part, for itself and all other persons hereafter 310 THE MISSOURI, KANSAS AND TEXAS RAILWAA"'. claiming through or under it, and who may, at any time here- after, become holders of liens junior to that of these presents, hereby, expressly waives and releases all right to have the assets comprised in the security intended to be created by these presents, marshalled upon any foreclosure or other enforce- ment thereof, and it is expressly hereby agreed and declared that the Trustee herein, and any court in which foreclosure of this mortgage or administration of the trusts hereby created is sought, shall have the right to sell the entire property of every description comprised in, or subject to, the trusts of these presents as a whole in one single lot, if it shall in its discretion think fit. And a majority in interest of said bonds may, by instrument in writing, direct the Trustee or petition the said court to sell the said property in such manner. Waiver of Benefits ARTICLE SEVENTH. — Said Railway Coiiipaiij’^, the said party LawsI'^^ part, for itself, its successors and assigns, and so as to bind all persons who may claim through or under it, as as- signs, junior incumbrance [r]s, lien-holders, or otherwise, doth hereby irrevocably waive the benefit or advantage of any or all valuation, stay, appraisement, redemption, or extension laws, and of all laws requiring mortgages, liens, hypothecations, or other securities for money to be foreclosed by action therefor, now existing, or which may hereafter exist, in any State wherein the property to be sold hereunder, or any part thereof, may at the time of sale be situated, or where the said sale may take place, which but for this provision herein might prevent or postpone the sale of said premises, proper!}^, rights and interests to the purchaser under the powers and upon compliance with the provisions herein provided, and said party of the first part does hereby covenant with the said party of the second part, the said Trustee or its successor or successors, in the trust hereby created, that it will not, in any manner, set up or seek, or take the benefit or advantage of any such valuation, stay, appraisement, redemption, or extension law. Liability of Trustee. ARTICLE ElcilTll. — And it is further Mutually Aj^reed, by and between the parties hereto, and is hereby declared to be a condition upon which the said part}^ of the second part and its successor or successors in this trust hereby created, have assented to these presents and accepted this trust, that the said Trustee and its successors in this trust shall not in any manner be held resi)onsible for ])ersons employed b}^ them, unless guilty of culpable negligence in the selection of such employes, nor shall the Trustee be answ(u*able exce|)t for its THE MISSOURI, KANSAS AND TEXAS RAILWAY. 311 own wilful default, and in all cases the then Trustee, the party of the second part, shall be authorized to pay such reasonable compensation as it shall deem proper to all the attorneys, offi- cers, agents, servants, and employes whom it may reasonably employ in the management of this trust ; and that the said Trustee and its successor or successors shall have and be entitled to iust compensation for all services it may render in „ ^ ^ Compensation for connection with the management of the trust hereby created, Services, to be paid by the said party of the first part out of the trust estate. And it is Agreed, and hereby provided that the said Trustee Removal of Trustee and its successor or successors in this trust may be removed, Court, and a successor may be appointed, at any time, by any court of competent jurisdiction, upon application of a majority in interest of the holders of the then outstanding bonds hereby secured. And it is also Agreed, and hereby })rovided that a majority Removal of Trustee in value of the outstanding bondholders secured hereby may, Bondholders, upon their own motion at any time, with or without cause, by an instrument or instruments in writing, un ler seal, signed by them to that effect, and without calling a meetiim of the bond- holders for that pur))ose, remove the said Trustee and any successor to the trust here})y created, and in writing under seal appoint one or more Trustees herein, wliether the last Trustee shall have been appointed by a court of com[)etent jurisdiction or otherwise, anything herein to the contraiy notwithstanding. In case of such removal and ap})ointnient of Trustees by the bondholders, the writing shall be signed by each bondholder or his or her agent, stating the place of residence of such holder and the serial numbers and the amounts of the bonds, and in every case the affidavit of the holder shall accom[)any the instruments of removal and appointment to the effect that the party signing such instruments is the owner or holder of the bonds for which he or she signs, and stating the serial num- ber and the amount in value of each bond and the owner or holder’s place of residence. It is also hereby Expressly Agreed, and provided that in Successor in Trust case of the api)ointnient, in any of the modes herein provided, PoTe^rs^ftc. of a successor or successors, to the trust hereby created, such successor shall be invested with all and singular the powers and duties hereby conferred and imposed upon the said Trustee herein and hereby designated, so long as he or they shall remain such successor Trustee. 312 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Bonds delivered by ARTICLE Ninth. — The said Trvistee, the said party of the h/proTided^ secoiid part, hereby promises and agrees that in no case will it deliver to said Railway Company, the said party of the first part, or to any other person or persons, any of the bonds secured hereby, except in conformity with the provisions of this instrument. Recording of this Instrument. Trustee may pur- chase at Sale. The said Trustee, hereby agrees to cause this instrument to be recorded in all the Counties of Missouri, Kansas, and Texas in which any part of the said railways of the said party of the first part, or any extensions, additions, and branches thereof, may be situated. Article Tenth. — The said Trustee, or any successor to this trust, shall have the right, and is hereby empowered and authorized, on any sale under, or foreclosure of this mort- gage or deed of trust, to buy in the mortgaged property at a price not exceeding the amount of the mortgage bonds secured hereby, and to hold and possess the property so pur- chased, and-to control, manage, use, and operate the same and receive the incomes, rents, issues, and profits thereof , upon the trusts and subject to the covenants and the conditions of this indenture. Bonds receivable as ARTICLE ELEVENTH. — And ill Case any Foreclosure Purchase Money, Sale, or of any sale made under any of the provisions of this deed of trust, the purchaser or purchasers thereat, shall be entitled in making settlement for, and payment of, the pur- chase money therefor, to deliver to the then Trustee, toward the payment of such purchase money, any of the said bonds and interest coupons secured hereby, and held by such pur- chaser or purchasers, counting such bonds and interest coupons for such purpose at a sum not exceeding that which shall be l^ayable out of the net proceeds of such [sale] to the holder or holders of such bonds and interest coupons, as his or their share and proportion in that character of such net proceeds of sale, after allowing for the proportion of payment which may be required in cash for the costs and expenses of the sale, and Avhich proportion of cash payment shall be determined and announced by the then Trustee previous to any such sale ; and if such proportionate sum shall be less than the amount of such bonds or interest coupons, to make such settlements by receipting thereon for the amount to be credited thereupon. Trustee may call AliTlCLE TWELFTH. — For the Purpose of Carrying’ out the ^Iders^* Trusts and objects of these presents, the said Trustee or its successor or successors to this trust, may, whenever it shall be THE MISSOURI, KANSAS AND TEXAS RAILWAY. 313 deemed expedient, call meetings of the holders of said bonds secured hereby in some convenient place in the City of New York, upon such notice, and under such regulations, as it may deem proper, but no decision of any majority in amount at any such meetings shall be of [any] effect unless the same shall be duly authenticated by an instrument in writing signed by the persons holding such majority and proved as herein provided. Article Thirteenth. — The Execution of any Instrument Execution of Instru- or Affidavit required by any provision of these presents to be executed by a majority in amount of the holders of the said bonds hereby secured, then outstanding, shall be deemed sufficiently proved, if their respective execution of such instru- ment (which may be executed in any number of parts or duplicates), and of any procuration or power of attorney under which any signer may claim to act, and their holding of the said bonds respectively stated to be held by them, such bonds being identified by their serial numbers and amounts, as aforesaid, shall be certified by a Notary Public or other person authorized to take acknowledgments of deeds, with their seals of office affixed of any State or County, and any certificate and seal purporting to be a notarial certificate and seal, or certificate and seal of any other officer authorized to take acknowledgments of any deeds, shall be sufficient evidence of the official character of the persons making such certificates. Article Fourteenth. — The saiiorgan and Meyer, in their hands. “All Persons holding Preferred Stock of said Missouri, Preferred Btockhold- Kansas and Texas Raiiavay Company issued under said agreement of April 27, 1874, in exchange for couijons, to deliver the same to the Union Trust Company, and to receive said new Stock, second mortgage income bonds, or at their option, the coupons originally surrendered therefor. It is further agreed, that on all preferred shares on which the dividend of four per cent, declared in November, 1874, has not been paid, and on all coupons deposited for exchange into such shares, for which no stock was issued, and on all coupons of bonds the holders of which did not assent to said agreement of Ajiril 27, 1874, an amount equivalent to said dividend shall now forthwith be paid out of any moneys transferred to said Trust Company by said Messrs. Belmont and others. Trustees, and in default of suffi- cient money being so transferred, such equivalent amount shall be paid out of any other moneys coming to said Trust Company applicable to the payment of interest on consolidated bonds, before any other payment is made. This provision being in 324 THE MISSOURI, KANSAS AND TEXAS RAILWAY. order that equality in the payments on all consolidated bonds or coupons, or preferred stock representing the same, may be attained and preserved. Foreclosure Suits “ EiGiiTii. — The Suits to foreclose said Second Mort- ^a:e. Certification. This bond shall not be obligatory until authenticated by a certificate of the Trustee aforesaid, to the effect that the same is one of the series of bonds described in said mortgage. In Witness Whereof, the said Missouri, Kansas and Texas Railway Company has caused these pre- sents to be signed by its President and Secretary, and its corporate seal to be hereto affixed, the first day of April, A. 1)., eighteen hundred and seventy-six. , Secretary , President. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 329 Which said bonds shall also have indorsed thereon the fol- lowing notice, viz. : — This bond shall pass by delivery or by transferor! the books of the Company, in the City of New York, and such other Transfe^°” places in this country and Europe as the Company may here- - after designate. After a registration of ownership, certified hereon by the Secretary of the Company, or its transfer agent, no transfer except on the books of the Company shall be valid, unless the last transfer shall have been to bearer ; the bond to be entitled to successive registrations and transfers to bearer, at the option of each holder, and other privileges in that behalf mentioned in said trust deed or mortgage. Xow, Therefore, This Indenture Witnesseth, that the said This Indenture party hereto of the first part, for and in consideration of premises, and of the sum of one dollar to it duly paid by the party hereto of the second ])art, and in order to secure the payment of the principal and intei’est of the said bonds according to the tenor thereof, and in the manner herein pro- vided, hath granted, bargained, sold, assigned, transferred and conveyed, and by these })i*esents doth grant, bargain, sell, assign, transfer and convey unto the said i)arty of the second part, its lawful successor or successor’s, in the trust hereby created, and assif^ns. First. — All and Sinj'iilar the Kailrnad, as the same is Road from Junction constructed and operated, extending fi’om unction City, iii Houncrary^L\ne”^of Davis County, and State of Kansas, down the Valley of the Miles. Neosho River, through the Counties of Davis, Morris, Lyon, Coffee, Woodson, Allen, Neosho, and Labette, to a point in the southern boundai’y line of said State, between the Neosho River and the western boundary of Labette (kninty, a distance of one hundred and eighty-two miles, mor’e or less. And also all the right, title, and interest which the pai’ty of the first part has, by reason of the construction of said line ofcon^Jes^an^ ^\ate said road, to and in any land or lands heretofoi’e gr-anted by Kansas, any act of Congress to the State of Kansas to aid such con- struction, the said lands being the same, or so much thereof as r-emain unsold at the date hereof, which were gr-anted by acts of Congress to the State of Kansas, and by said State to the Union Pacific Railway, Southern Rrancli, as set forth in the fii’st mortgage executed by the party of the fir’st part to Consolidated First .1 . 1. f. . . , . 1 . Mortj^age, Feb. 1 , the party of the second part, bearing date February 1, 1871, isTi. to which reference is hereby made, and also all the right, title 330 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Proceeds of Lands and interest of the said party of the first part in and to the proceeds of such of said lands as may have been sold, which heretofore belonged to the said Railway Company, or in which the said Company was in any way interested, and which are now unexpended and unapplied; and also all the right, title, and interest of the said party of the first part in and to any proceeds of lands granted to the State of Kansas by act of Congress, entitled “ An Act to appropriate the proceeds of the sale of public lands, and to grant pre-emption rights,” approved September 4, 1841, and heretofore sold by said State, under and by virtue of an act of the Legislature of the State of Kansas, entitled “ An act providing for the sale of public lands to aid in the construction of certain railroads,” approved Frebruary 23, 1866; and also all the right, title, and interest of the party of the first part in and to such of the lands granted by the act of Congress aforesaid, which were heretofore sold and conveyed by the State of Kansas to the Land Grant Rail- Land Grant Kailwa.'y way and Trust Company, and by said Company to the party and Trust Company. part, together with all and singular the tenements, hereditaments, rights, privileges, easements, income, advan- tages and appurtenances to the said lands and premises belong- ing or in anywise appertaining, and the reversion and rever- sions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title and interest, pro- perty, claim, and demand whatsoever, at law or in equity, of the said party of the first [)art , of, in and to the same, and any and every part or parcel thereof (the extent and aggregate area of the lands to which the party of the first part became 1 200,000 Acres of ^o entitled being estimated at one million two hundred thousand acres of land), situate in the State of Kansas. Road from Southern Boundary Line of Kansas, through Indian Territory to Denison, Tex., 250 Miles. Lands acquired in Indian Territory. Second. — Also, All and Singular, tlie said Line of Rail- road, constructed and operated from the said southern boundary line of the State of Kansas, southerly through the Indian Terri- tory to the southern boundary line of the State of Texas, to a point at or near the town of Denison, in said State, a distance of two hundred and fifty miles, more or less ; and also all the right, title, and interest which the party of the first part now has or may hereafter acquire by reason of constructing the extension of the said line of railroad through the Indian Territory, in and to any lands granted by the acts of Congress aforesaid, or which the said party of the first part now has or may hereafter acquire under and l)y virtue of a treaty or treaties from any THE MISSOURI, KANSAS AND TEXAS RAILWAY. 331 Indian nation or tribe, or otherwise, howsoever, appertaining to the aforesaid extension, together with all the rights, privi- leges, tenements, hereditaments, and appurtenances that may belong or appertain thereto; the land granted under said acts of Congress being ten alternate sections of land on each side of O O Lands granted by Congress. said railroad, reserving therefrom any right, purchase, or privilege, or land appertaining thereto, under the act of Con- gress aforesaid, to extend said road, or construct a branch thereof, through a portion of the Indian Territory to Fort Smith. Third. — All and Singular the Railroad, as the same is Road from Sedalia now constructed, extending from Sedalia, in Pettis County, in ^^^j^LinTof State' the State of Missouri, to the western boundary of said State, a distance of one hundred miles, more or less, being the rail- road acquired by the party of the first part, by purchase from the Tebo and Neosho Railroad Company, as mentioned and described in the first trust deed or Consolidated Mortgage, from Consolidated Mort- the party of the first part, to the party of the second part, aforesaid, to which reference is hereby made. Fourth. — All and Singular liie Railroad, which the T 1 1 o I !• -1 I • 1 Road from Parsons Labette and Sedalia Railway Company were authorized to Northeasterly to construct and operate, as mentioned in the first trust deed State Lme, 60 Miles. Consolidated Mortgage aforesaid, to which reference is hereby made, and which is now constructed from the town of Parsons, in Labette County, in the State of Kansas, on the main line of the railroad of the party of the first jiart, northeasterly, through Labette, Neosho, Crawford, and Bourbon Counties, to the boundary line between the States of Kansas and Missouri, and to the point in said boundary line, where the same intersects the railroad acijuired by the said party of the first })art, from the Tebo and Neosho Railroad Company, as aforesaid, a distance of sixty miles, more or less. Ffftii. — And also, all the Following Property, real and j^eal and Personal personal, now owned, or which may be at any time hereafter acipiired by the party of the first part, for the use of any or all the railroads above described, namely, all the lands, tene- ments, and hereditaments, and rights of way, aiid all lands appropriated for depots, superstructures, buildings, erections and fixtures; and also all tracks, bridges, viaducts, culverts, fences, and other structures, depots, engine-houses, car-houses, freight-houses, wood-houses Jind other buildings ; and all machine-shoi)s and other shops; and also, all locomotives. 332 THE MIS80UKI, KANSAS AND TEXAS RAILWAY. Franchises, Rights and Powers. Road from Sedalia to Moberly, 72 Miles. First Additional Mortgage referred to. Road from Hannibal to Moberly, 70 Miles. Real and Personal Property. tenders, cars, and other rolling stock or equipments ; and also, all machinery, tools, implements, fuel, supplies, and materials for constructing, operating, repairing, or replacing the said railroads, or any or either of them ; and also, all corporate and other franchises, powers, rights, and privileges now held and owned or which may be hereafter acquired the party of the first part, connected with or relating to the said railroads, or either of them. Sixth. — A ll and Singular the Railroads of the party hereto of the first part, now constructed and in operation, extending from Sedalia, in the State of Missouri, northerly to Moberly, in said State, a distance of seventy-two miles, being a part of the railroad of the Tebo and Neosho Railroad Com- pany, conveyed to the said party of the first part, more par- ticularly described in the first additional mortgage, made by the party of the first part, to the party of the second part, dated June 1, 1872, to which reference is hereby made, together with all the rights, powers, })rivileges, and franchises, belonging or in anywise appertaining to the railroad, hereby conveyed, or intended so to be. Seventh. — The Entire Railroad, of and belonging to the said party of the first part, situate, lying, and being and extending from its eastern terminus in the City of Hannibal, in the State of Missouri, westerly through the Counties of Marion, Ralls, and Monroe, to its terminus, in the town of Moberly, in the County of Randolph, as the same has been heretofore and is now constructed, maintained, and operated, being seventy miles in length. And also, All Lands and Real Estate of every kind and nature, and wheresoever the same may be situate, of or belonging to the said party of the first part, and owned, used, occupied, and enjoyed in the construction, [maintenance,] and operation of said railroad, together with all depots, station- houses, freight-houses, car-houses, machine-shops, cattle-yards, all other buildings, erections, tenements, structures, and fixtures, and all machinery, tools, rails, ties, tracks, bridges, viaducts, culverts, fences, or other constructions or suj)er- structures to the said railroad belonging or in anywise a])})ertaining, including all locomotives, tenders, cars, and all other rolling stock and ecpiipments now owned or used in the o[)eration of said railroad, or which may be hereafter accpiired th(n-(‘for. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 333 And also, All the Franchises, rights, powers, and privileges Franchises, Rights of or belonging to the said party of the first part, pertaining to the railroad hereby conveyed, and all easements or other incorporeal rights, however acquired or conferred, and all other property, real, personal, or mixed, owned, used, occupied, or enjoyed, or which may hereafter be acquired, owned, and used by the said party of the first part, in or about the construction maintenance and operation of said railroad. Eighth. — All and Singular the Railroad, ^o^^sL'^^i^ted from the town of Holden, on the Missouri Pacific Railroad, in the to Western Bound- ~ o PAT- -1 • 11 1 !^rv Line of State, 38 County ot Johnson, State ot Missouri, thence into and through Miles. the municipal toAvnship of Camp Branch, and into and through the municipal township of Grand River, and into and through the corporate limits of the City of Harrisonville, in Cass County, and thence to the western boundary line of the State of Missouri, in tlie direction of the town of Paola, in the State of Kansas, a distance of about thirty-eight miles, together with all lands, tenements, and hereditaments accpiired or to be acquired, for riglits of way for the said iiortion of railroad hereby conveyed, and all the ajiinirtenanccs thereto belonging, and also all lands ac({uired and appro})riated, or to be acijuired and appropriated, for depots, siqierstructures, buildings, erec- tions, and fixtures on the said line of railroad, and all tracks, bridges, viaducts, culverts, fences, and all houses and buildings thereon or a})pertaining thereto, and all other i)ro})erty real or personal, now owned or hereafter to be acquired by the p®^^pg”^y })artv of the first ])art, its successors or assigns, for the con- struction, operation, or management of said line of railroad, including all locomotives, tenders, cars, and other rolling stock and e(juipments, machinery, tools, materials, and also all the franchises, iiowers, rights, and ])rivile:ht to chancre the reo^istration in manner aforesaid, and so, from time to time, as the owner for the time beiim may desire, and that the registered holder may Bonds Registered to , , ... . . . i , , , Bearer. also have the right to register the bond as payable to bearer, in which case the bond and interest coinions shall be payable to the holder presenting the same. And any holder of a bond so registered as payable to bearer, may cause it to be registered in his name with the same effect as the first regis- tration, and successive registrations nuiy in the same manner THE jMISSOURI, KANSAS AND TEXAS RAILWAY. 337 be made from time to time as may be desired ; and also, that the holder of any of said bonds may, at his option, surrender the coupons attached thereto, to be cancelled, in which case interest thereon will thereafter be payable to him or his order only. Article Fifth, — All the Provisions contained in “ Ar- Art. 9 of Mortgage tide Ninth,” of the trust deed or mort^ao^e heretofore made®^ V and executed by the party of the first part to the party of the Land, second part hereto, and bearing date the first day of Feb- ruary, one thousand eight hundred and seventy-one, except as modified herein, shall be applicable to the valuation, sale and conveyance of any of the lands therein referred to, so far as the same may become subject to the lien, terms, and provisions of this trust deed or mortgage. Provided, however, that as to any of such lands which may have heretofore been sold, or contracted to be sold, or which may hereafter be sold, or contracted to be sold under the provisions of said Article Ninth aforesaid, the said i)arty hereto of the second part shall, whenever the purchaser, vendee, or grantee, of any lot, part, section, or parcel of said land so sold or contracted to be sold, may or shall become entitled to a deed, release, or conveyance of said lands, join with the said party of the first part in duly executing a deed or contract, sufficient in law to convey to the purchasers, his heirs or assigns, all the right, title, interest, property, pos- session, claim, demand, and estate of both the parties to this indenture in and to the lot, ])arcel, or section of land so sold, free from the lien, operation, and effect of this trust deed or mortgage, and of all the other trust deeds or mortgages here- to fore made and executed by and between the i)arties hereto. Article Sixth. — Tlie said Party of the First l*art hereby ^ , '' Interest paid from further agrees that it will pay, or cause to be {)aid, the said Net or Surplus bonds to be issued and secured by this mortgage as aforesaid, and that it will pay the interest thereon semi-annually, in lawful money, from its net or surplus earnings remaining after the i)ayment of the expenses of operating and keeping in rei)air its railway and jiroperty herein described, and of the interest on the several incumbrances prior thereto and herein- before described, provided said net or suri)his earnings shall be sufficient therefor, and that in case its said earnings in any six months shall be insufficient therefor, then, for any such deficit, said i)arty of the first })art agrees to issue a scrip 338 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Taxes, Levies and Assessments. Neglect or Refusal to comply with Forms hereof. Scrip Certificates to certificate, redeemable with six per cent, interest, before any take up Coupons. (dividend shall be declared upon the stock of said company. Said Party of the First Part further agrees to pay all taxes, levies, and assessments imposed and assessed, and which may hereafter be imposed or assessed, upon the premises, franchises, and property hereby conveyed or intended so to be, and also the United States Government tax upon the interest payable on said bonds and each of them, and that it will, at its own expense, do or cause to be done, all things necessary to preserve and keep valid and intact the lien and incumbrance herebj^ created. Article Seventh. — In Case said Party of the First Part shall neglect or refuse to comply with the terms of this instru- ment in regard to the payment of any interest upon either of said bonds, when the same shall become due and payable, in the manner herein provided, and such neglect or refusal shall continue for one year after the same has been demanded, the whole principal sum mentioned in each and all of said bonds then outstanding shall, at the option of the holders of a majority in interest of said bonds, forthwith become due and payable ; and in such case it shall be lawful for the said party of the second part, its successor or successors, to enter upon all and singular the railroads, property, and premises hereby Trustee to hold use intended to be conveyed, and to have, hold, use, and operate Prop- and Operate the same, until the same shall have been sold, or otherwise disposed of, in pursuance of the power hereinafter mentioned, or by virtue of the decree of some court of com- petent jurisdiction, and until such time, and from time to time. Repairs and Replace- to make all needful repairs and replacements, and such useful alterations, additions, and improvements to said railroad as may be necessary for the proper working of the same, and to receive the tolls, freight, income, rents, issues, and profits thereof; and after deducting the expenses of operating and managing the said railroad and other property, and of the said repairs, replacements, additions, and improvements, as well as just compensation for its own services, and for the services of such managers, servants, agents, attorneys and counsel as may have been by it employed, to apply the moneys accruing as aforesaid to the payment of the said bonds raia, and with- out discrimination or preference, and thereafter to pay over any surplus to the said party of the first i)art, its successors or assif>-ns, or as any court of com})etent jurisdiction shall order. ments. Compensation for Services. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 339 and to restore the said railroads and other property to the said party of the first part. Provided Nevertheless, that if tlie said party of the second -pruatee may demise part, its successor or successors in this trust, shall think it or let the mortaged expedient, after such entry as aforesaid, it shall be lawful for it or them to demise and let the said railroad or railroads and premises, to any person or persons, corporation or corpora- tions, willing to work and operate the same for such term or period, at such rent or proportion of receipts and profits, and generally upon such terms and conditions as the said parties to any such lease shall think fit; and the revenue or income to arise from such demise shall be applied in the same manner as the net revenue or income to arise in the event of the said railroads being worked and operated by the said Trustee or Trustees, is applicable under the provision immediately herein- before contained. Articlp: Eioiith. — In Case a Neglect nr Refusal, shall occur and be continued as aforesaid, the party of the second part, its successor or successors in this trust, may also, and, upon the written request of the holders of said bonds then outstanding, amounting to two millions dollars, shall foreclose this mortgage by legal proceedings, or sell, or cause to be sold, the said railroads, franchises, and })ro})erty, real and personal, hereby conveyed or intended so to be, and all bemdit and efpiity of redemj)tion of the i)arty of the first part in and to the same, and every part thereof, with the benefit of the franchises aforesaid, which said last mentioned sale shall be at })ublic auction, at the City of New York, or at either of the capitals of said States of Kansas and Missouri, on previous notice of the time and i)lace of such sale, by advertisement, published not less than three times a week, for ten w(‘eks, in at least two newspapers of general circulation, ])ublished in the City of New York, and two in each of the said States of Kansas and Missouri, jind in such other places as may be recpiired by law ; and in such case said party of the second part, its successor or successors in this trust, shall make and deliver to the purchas- ers of the said premises good and sufficient deeds of conveyance for the same in fee sinqile, and said sale and conveyanc(‘ shall be a perpetual bar, both in law and eipiity against the liarty of the tirst part, its successors and assigns, and all other persons claiming by, through or underthem, of all right, title, interest or claim, in or to said railroads, premises and projierty. Foreclosure of this Mortgage. Notice of Sale. 340 THE MISSOURI, KANSAS AND TEXAS RAILWAY. and every part and parcel thereof. And in case of such sale, dias^e^at Sde^ the party of the second part, its successor or successors, may bid for and purchase said property, real or personal, or any part thereof in behalf of the holders of said bonds. Expenses of this Trust. Surplus paid to Mortgagor. Ill Case of such Sale, the said party of the second part shall deduct from the proceeds of such sale its just allowances for the expenses thereof, including attorney’s and counsel fees, and all expenses which may have been incurred in operating, man- aging, or maintaining the said railroads, or in managing the business thereof, as well as just compensation for its own ser- vices, and thereafter shall apply so much of the said proceeds as may be necessary to the payment of the principal and interest of the said bonds then remaining unpaid, pro rata^ without discrimination or preference, and any surplus remaining after such payment, shall be paid over to the said party of the first part, or as any court of competent jurisdiction shall order. And it is hereby Declared, that the receipt or receipts of the ^'ase Money^^ party of the secoiid part, its successor or successors, shall be a sufficient discharge to the purchaser or purchasers of the chaser. premises hereby mortgaged, or any part thereoi, and so sold as aforesaid, for his or their purchase money ; and that such purchaser or purchasershaving such receipt, shall not, after the payment thereof, be bound to see to the application of said moneys, or be in any manner answerable for the loss or misapplication thereof. Attorneys and Couii- ARTICLE Nintii. — The said Party of the Second Part, and sel for Trustee. successors ill this trust, may employ at the expense of said party of the first part, such attorneys, counsel or other agents as may be necessaiy in the execution of the trusts hereby created, and shall be entitled to just compensation for all services rendered in the execution of this trust, and to be reimbursed for all necessary expenditures in and about the same. . Article Tenth. — And it is further Mutually Agreed that. Resignation, etc., ot Trustee. in case of the resignation, removal, or inabdity for any other reason, of the said Union Trust Company, to act in execution of the trust hereby created, then the holders of a majority in interest of said bonds, may select and designate in writing, one or more comiietent persons, or another corporation, compe- tent to act in place of said Union Trust Company, to execute THE MISSOURI, KANSAS AND TEXAS RAILWAY. 341 said trust. And until the bondholders make such selection, the president of the party of the first part, with the consent in writing of the owners or holders of said bonds, to the amount point Successor ad of two hundred thousand dollars, may select and appoint one*^^^^^^' or more persons or another corporation, competent to act, to fill the vacancy, and the person, persons or corporation so selected, shall have and possess, and be vested with the same rights and powers as Trustee or Trustees, as he, they, or it would have had and possessed, or been invested with, had he, they, or it been originally made a party or parties to this indenture; and the said party of the first part, hereby cove- nants to make, execute, and deliver, all such other or further instruments, deeds, or indentures, as may be necessary to enable the person or persons, or corporation so appointed, to execute the trust hereby created ; and successors of any such new Trustee or Trustees, may be appointed in like manner, as often as a vacancy in said trust, for either of the causes above mentioned, shall occur. Article Eleventh. — The Party of tlie First Part shall. Covenant for further from time to time, at all times hereafter, and as often thereunto requested by the party of the second part, its suc- cessor or successors, execute, acknowledge and deliver all such further deeds, conveyances, and assurances in the law, for the better assuring unto the party of the second part, its succes- sor or successors in the trust hereby created, upon the trusts herein expressed, the lands, railroads, ecjuipments, and appur- tenances hereinbefore conveyed, or intended so to be, and all other property and things whatsoever which may be hereafter acquired for use in connection with the same, or any part thereof, and all franchises now held, including the franchise to be a corporation, as by the party of the second part, its successor or successors, or by its or their counsel learned in the law shall be reasonably advised, devised, or recjuired. Provided alw^ays, and this grant and conveyance is upon the express condition; that, until some default shall be made in the Default made, ‘ ^ ^ ^ ^ ^ Possession belongs to performance or observance of the conditions, obligations, or Railway Company. requirements herein contained, the said party of the first part, after it has resumed possession thereof, pursuant to the terms of the hereinbefore recited agreement, shall be permitted to possess, manage, operate, and enjoy all the said railroads, with their equipments and appurtenances, and all other the lands, and premises, property and franchises hereinbefore described ; 342 THE MISSOUEI, KANSAS AND TEXAS KAILWAY. Defeasance. Release of this Mortgage. and that upon the payment in full of said bonds, and the inter- est due thereon, then the estate, title, and interest hereby granted shall cease, determine, and be void, and the said party of the second part, its successor or successors in this trust, shall convey, assign, transfer, and deliver over to said party of the first part, and its successors, all the said railroads, their equipments and appurtenances, and all moneys, notes, bills, bonds, mortgages, choses in action, and property, real, per- sonal and mixed, and things of value remaining in its posses- sion, and shall duly execute and deliver to the said party of the first part a proper release or satisfaction of this mortgage. In Witness Whereof, the said party of the first part has caused its corporate seal to be hereunto afiixed, and the same to be attested by the signa- tures of its President and Secretary ; and the said party of the second part to evidence its acceptance of the trust hereby created, has also caused its corporate seal to be hereunto affixed, and the same to be attested by the signatures of its President and Secretary, the day and year first above written. Witnesses : W. B. Henson, G. D. L’Huilier. SEAL, E. Kiggs, President. H. B. Henson, Secretary., Union Trust Company of New York. By Edw’d. King, President. Jas. H. Ogilvie, Secretary. State of New York, City and County of Neav York, ss. Notarial Certificate Bagley, a Commissioner, resident in the City of Acknowledgment, of New York, duly sworn and duly commissioned and qualified by the executive authority, and under the laws of the respective States of Missouri, Kansas, and Texas, to administer oaths and affirmations and to take depositions, affidavits and the acknowledgment and proof of deeds and other instruments to be used or recorded in the said respective States of Missouri, Kansas, and Texas, do hereby certify, that on the twenty-sixth day of May, in the year one thousand eight hundred and seventy-six, before me personally appeared Elisha Higgs, the President of the Missouri Kansas and '^Fexas Rahavay THE MISSOURI, KANSAS AND TEXAS RAILWAY. 343 Company, and Henry B. Henson, the Secretary of the same Company, to me respectively personally known to be such, who being by me severally duly sworn, did depose and say, that he, said Elisha Riggs, resided in said City of New York ; that he, said Henry B. Henson, resided in Brooklyn, in said State of New York ; that he, said Elisha Riggs, was the President, and he, said Henry B. Henson, was the Secretary of the said Company; that they know the corporate seal of said Company, that the seal affixed to the foregoing instrument, bearing date on the first day of April, 1876, is such corporate seal ; that it was so affixed thereto by order of the Board of Directors of said Company, and that they, the said Elisha Riggs andHenry B. Henson, signed their names thereto, by the like order, as President and Secretary of the said Company, respectively, and the said Elisha Riggs and Henry B. Henson, who are personally known to me to be the same persons whose names are subscribed to said instrument, severally acknowledged the same to be their own act and deed, and the act and deed of said company for the consideration, uses and purposes therein mentioned. Ill Witness Whereof, I have hereunto set my hand and fixed my official seal as (Commissioner forthe said respective States of Missouri, Kansas, and Texas, the day and year aforesaid. Haroi.i) a. Ba(}ley, C ommisfiionev for the States of Missouri, Kansas, and Texas, in New York. State of New York, City and County of New York, I, Harold A. Bagley, a Commissioner resident in the City Notarial Certificate -vT 1 1 I 111 • • 1 I I'iL* 1 of Acknowledgment, of New 1 ork, duly sworn and duly commissioned and (lualihed by the executive authority, and under the laws of the resjiect- ive States of Missouri, Kansas, and Texas, to administer oaths and affirmation, and to take dejiositions, affidavits, and the acknowledgment and proof of deeds and other instru- ments to be used and recorded in the said respective States of Missouri, Kansas, and Texas, do hereby certify that on the thirty-first day of May, in the year one thousand eight hun- dred and seventy-six, before me personally appeared Edward King, the President of the Union Trust Company of New York, and James 1 1. Ogilvie, the Secretary of the same com- pany, to me respectively personally known to be such, who. 344 THE MISSOURI, KANSAS AND TEXAS RAILWAY. being by me severally duly sworn, did depose and say, that he, said Edward King, resided in the City of New York; that he, said James H. Ogilvie, resided in Montclair, in the State of New Jersey; that he, said Edward King, was the President, and he, said James H. Ogilvie, was the Secretary of the said Company ; that they know the corporate seal of said Company ; that the seal affixed to the foreo^oinoj instrument, bearing date on the first day of April, 187(5, is such corporate seal; that it was so affixed thereto by order of the Board of Trustees of said Company, and that they, the said Edward King and James H. Ogilvie, signed their names thereto, by the like order, as President and Secretary of the said Company, respectively, and the said Edward King and James H. Ogilvie, who are per- sonally known to me to be the same persons Avhose names are subscribed to said instrument, severally acknowledged the same to be their own act and deed, and the act and deed of said Company for the consideration, uses, and purposes therein mentioned. Ill Witness Whereof, I have hereunto set my hand and affixed my official seal as Commissioner for the said respective States of Missouri, Kansas, Texas, the day and year aforesaid. Harold A. Bagley, Commissioner for the States of Missouri^ Kansas, and Texas, hi New York. [The foregoing instrument is recorded in the office of the Recorder of Deeds for Pettis County, Missouri, in “ Trust Deed and Mortgage Record, No. 12,” on page 153 and follow- ing. The foregoing is an accurate copy of the instrument as there recorded.] SEAL SEAL (S) APPENDIX. BOONVILLE RAILROAD BRIDGE COMPANY. FIRST MORTGAGE, MAY I, 1873. THIS INDEXTUUE, made this first day of May, one thou- sand eight hundred and seventy-three, by and between the Boonville Railroad Bridge Company, a coriioration created and organized under and by virtue of the laws of tlie State of Missouri, party of the first part, and the Union Trust Company, of New York, party of the second part. Whereas, the party of the first part was duly created a boonville Railroad body politic and corporate, under and by virtue of the laws of Compmiy o P AT- • . 1 • .1 Incorporated Dec. the State of Missouri, on or about the nineteenth day ot 19 , 1870. December, one thousand eight hundred and seventy, for the purpose of constructing, maintaining and operating a toll bridge over and across the Missouri River, from a point in or near the City of Ikionville, in the County of Coojier, in the State of Missouri, to a point in or near the town of Franklin in the County of Howard, in said State, for jniblic use for the crossing of persons and property by both railroad and ordi- nary road travel. And Whereas, by an act of (Jongress of the United States, a}i]M-oved May 11, 1872, the party of the first iiart is author- ized to construct and maintain the bridge aforesaid, and to lay on and over the same railway tracks for the more jierfect con- nection of any railroads that are or shall he constructed to said River, at or opposite said points, under certain limitations and conditions as liy reference to said act of Congress will fully appear. And Whereas, the party of the first i);irt, for the })uri)Ose of riurchasiim and acciuirin" the lands and materials neci^ssary I^onds for $1,000,000 . V, ® . A.,. to bo issued, tor the construction ot tlic said bridge, and its approaches and connecting lines, and for constructing the same, has deter- mined to obtain a loan of money by the issue of its bonds in ( ) 348 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Form of Bond. Guaranteed by M. K. & T. Ky. Co. Seven per Cent. — Gold — Principal and Interest. Default continued for Six Months. the sum of one thousand dollars, each with the privilege of issuing the same in sums of five hundred dollars, one hundred dollars, and fifty dollars each, amounting to the aggregate prin- cipal sum of one million dollars and numbered from one to one thousand inclusive, and that each of the said bonds shall be in the words and figures following, subject only to the necessary variation as to the distinguishing numbers and amounts thereof. $ 1 , 000 . United States of America, STATE OF MISSOURI. THE BOONVILLE RAILROAD BRIDGE COMPANY. Equivalent to £206, 8s. 4d ; Fr. 5,162.50. First Mortgage Seven per Cent. Sinking Fund Gold Bond, Guaranteed by the Missouri, Kansas and Texas Railway Company. Know all Men by these Presents, that the Boonville Rail- road Bridge Company, a corporation created under the laws of the State of Missouri, and vested also with certain franchises conferred by an act of Congress, approved May 11th, 1872, entitled “An act to authorize the construction of a bridofe across the Missouri River at Boonville, Missouri,” is indebted to the Union Trust Company, of New York, or bearer, in the sum of one thousand dollars in gold coin of the United States, equivalent to two hundred and six pounds, eight shillings, four pence in British sterling money, or fifty-one hundred and sixty-two, francs in the money of France, which the said Company promises to pay to the bearer hereof, in the City of New York, on the first day of May, in the year one thousand nine hundred and six, with interest thereon at the rate of seven per cent, per annum, payable in like gold coin semi-annually, at its office or agency in the City of New York, on the first days of May and November in each year, upon the presentation and surrender of the coupons hereto attached, as they severally become due, as provided therein. And in case of default in the payment of any half yearly installment of interest which shall have become due and been demanded, and such default shall have continued six months after demand, or in case of default in the payment of any sum into the sinking fund, as hereinafter i)rovided, the }irincij)al of this bond shall become due in the manner and with the THE MISSOURI, KANSAS AND TEXAS RAILWAY. 349 effect provided for in the trust deed or mortgage hereinafter mentioned. This bond is one of a series of one thousand bonds num- bered consecutively from 1 to one 1,000 both inclusive, each for the amount of one thousand dollars, amount- ing in the aggregate to one million dollars, all of which are of like tenor, date, and effect, and are equally secured by trust deed or mortgage, bearing even date herewith, duly executed and delivered by the said Company, and duly recorded in the proper offices in the State of Missouri, conveying to said Union Trust Company, of New York, in trust, the bridge of the said the Boonvtlle Railroad Bridge Company, as the same is now, or may hereafter be constructed across the Missouri River, from a point in or near the City of Boonville, in the County of Cooper, in the State of ^Missouri, to a point in or near the town of Franklin, in the County of Howard, in said State, together with the approaches thereto on either side of said River, and all lands and real estate which said Company is or may become entitled to by reason of the construction of said bridge, with the ap})urtenances thereto belonging. Also, the rents, issues, and i)rotits of said bridge, so far as the same are not recpiired to i)ay the necessary current ex})enses of kee})ing the said bridge in repair, and operating the same. And also, all and singular the rights, })rivileges, corporate property, and franchises of said Bridge Company, set forth in said trust deed or morttraire. rr c This bond is entitled to the benetit of a sinking fund, as provided by said trust deed or mortgage, whereby the princi- pal of said bond will be redeemed in thirty-three years from the -date thereof. Bonds ecpial in amount to the accumulation of said sinking fund will be ledeenied Jit their par value annujilly, commencing after three years from the date hereof. Notice of the numbers of the bonds so allotted for redem})ti()n will be published in two or more daily newspa})ers, {)ublished in the City of New York, for sixty days, at the ex[)iration of which time interest thereon shall cease. This bond is further secured by the guarantee of the Missouri, Kansas and 'J'exas Railway Company indorsed hereon (to which Coni])any the said bridge has been leased), of the payment of the })rinci})al and interest thereof, and of the sums payable into the sinking fund, and by tin; agreement of said Company to hold all the rents, tolls, receipts, jirotits Series of 1000 Bonds. Secured bj’Mortgage upon Bridge. Lands. Appurtenances. Kents, Issues and Profits. Franchises, etc. Sinking Fund. Redemption of Bunds. Guarantee of M. K. A: T. Ky. Co., Lessee. 350 THE xMISSOUKI, KANSAS AND TEXAS RAILWAY. and emoluments of said bridge, not expended in the repair and operation thereof, *and to apply the same to the payment of such interest coupons and of the sums payable into said sinking fund. Re-issue in Subdivi- sion. Registration and Transfer. Certification. This bond may be surrendered and reissued in sums of $500, $100, or $50 each, at the option of the holder. This bond shall pass by delivery or by transfer, on the books of the Company, in the City of New A^ork, and such other places in this country and in Europe as said Company may designate. After a registration of ownership, certified hereon by the Secretary of the Company or its transfer agent, no transfer, except on the books of the Company, shall be valid, unless the last transfer shall have been to bearer, the bond to be entitled to successive registrations and transfers to bearer, at the option of each holder. This bond is to be valid only when authenticated by a cer- tificate of the Trustee indorsed hereon. In Witness Whereof, the said the Boonville Rail- road Bridge Company has caused its corporate seal to be hereto affixed, and these presents to be attested by its President and Secretary, this first day of May, one thousand and eight hun- dred and seventy-three. , President. , Secretary. Mortgage to secure And Whereas, it has been agreed, upon the issue of the said bonds, that the payment of the principal and interest thereof shall be secured in the manner hereinafter expressed, and that this mortgage should, for that purpose, be made to the party hereto of the second part, for the benefit of, and in trust for, the various persons or corporations who shall, at any time be or become holders of the said bonds ; and also, so far as necessary, for the benefit of, and in trust for, any persons or corporations who shall become purchasers of the said bridge under the powers hereinafter contained. This Indenture conveys. Now, therefore, this Indenture Witnesseth, that the said party hereto of the first part, in consideration of the premises and of one dollar lawful money of the United States to it duly paid by the party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred, set over, conveyed, and confirmed. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 351 and, by these presents, doth grant, bargain, sell, assign, transfer, set over, convey, and confirm unto the said party of the second part, its lawful successor or successors, in the trust hereby created, or assigns, all and singular, the said bridge over the Missouri River, from a point in or near the Bridge from Boon- -r. .11 • .1 • I j . ville to Franklin over of Roonville, in the County of Cooper, in the State of Missouri River. Missouri, to a point in or near the town of Franklin, in the County of Howard, in said State, which the said party of the first part is authorized to construct and maintain, as herein- before recited, and the approaches thereto, and the appurte- nances belonging thereto, including all parts and portions of the said bridge now constructed or hereafter to be constructed, and the lines and tracks required to perfect the said bridge, its approaches and appurtenances, including in this convey- ance, as well the lines and tracks now constructed [as those which may hereafter be constructed] . And also, all lands, estates, structures, and rights of way Bands, for the said bridge, approaches, and appurtenances, as well those now held by the party of the first part as those to be hereafter acquired by it. And all tolls, rents, emoluments, and income, and all the corporate rights, powers, franchises, and privileges of the party Franchises, of the first part, of, in, or to the said bridge, apiiroaches, or appurtenances, or touching, concerning, or ap})ertaining to the construction, maintenance, operation, use, or occupation thereof. To Have and to Hold, all the said premises unto the said To Have and to party of the second j)art, its successor or successors and^^®^*^' assigns, in trust, and for the uses and purj)oses hereinafter expressed and declared, of and concerning the same; that iy Trusts Declared, to say : — Article Fuist. — No One of the said Honds shall be Trustee’s Certificate, deemed issued or be valid or secured by this mortgage, unless it bears a certificate signed l)y the party of the second part, its successor or successors in this trust, to the effect following, viz.: “The within bond is one of one thousand bonds, num- bered from 1 to 1 , ()()() inclusive, issued by the Boonville Railroad Briixje Comrany, and is secured by the within mentioned mortgage, executed by said Conq)any to the under- signed Trustee.” Article Second. — For tlie Purpose of Providinj? a Sink- ing Fund for the redemption of the bonds secured hereby, it Sinking Fund. 352 THE MISSOUKI, KANSAS AND TEXAS RAILWAY. is understood and agreed by and between the parties hereto, that the party of the first part shall pay or cause to be paid to the party of the second part, its successor or successors in this trust, on the first day of May, one thousand eight hun- dred and seventy-six, a sum equal to one per cent, in gold coin aforesaid, of the aggregate principal of the bonds afore- said, and shall also pay to the party of the second part, its successor or successors as aforesaid, on or before the first day of May in every year thereafter, in addition thereto, a like sum and interest in gold coin, upon all payments theretofore made into said sinking fund, at the rate of seven per cent, per annum. Article Third. — Immediately after the Payment into the Sinking- Fund of any sum of money hereby required to be paid, the party of the second part, its successor or succes- sors in this trust, shall designate by lot a number of bonds sufficient to equal, as near as may be, the accumulations of said fund, for redemption at the par value thereof, which allotment shall be made in the office of the party of the first part, in the City of New York, in the presence of the Secre- tary or Treasurer of the party of the first part, and thereupon a notice shall be published in two or more newspapers in the City of New York, for sixty days, stating the number of the bonds so allotted for redemption, and, at the expiration of such time, interest on said bonds shall cease. Reissue in Subdivi- ARTICLE FOURTH. — The said Party of the First Part shall have the right, at its option, to issue, or exchange and re-issue either or any of the bonds hereby secured, in subdivisions of fifty, one hundred or five hundred dollars each, in such form as shall be a})proved by said party of the second part, such subdivision bonds to be authenticated by certificates indorsed thereon, duly signed by the said party of the second part, and each of them to bear the number of the bond to which it shall belong, and in addition thereto a letter of the alphabet, com- mencing with the letter A, for the first subdivision of every bond so subdivided, and, so on in consecutive order of the letters of the alphal)et, for the remaining subdivisions of every such bond. And any holder of a bond for one thousand dol- lars, issued under and by virtlieof this trust deed or mortgage, may, at his o})tion, surrender the same for re-issue, and the same may be re-issued in subdivisions of $500, $100, of $50 each, authenticated as al)ove provided. THE MISSOURI, KANSAS AND TEXAS RAILWAY. 353 Article Fifth. — The Party of the First Part doth hereby Register of Bonds, further covenant and agree to and with the party of the second part, and its successor or successors in this trust, that the party of the first part shall at all times hereafter keep at his office, in the City of New York, or in Europe, as it may hereafter appoint, a book or books, which shall be respectively desig- nated as “ The Register of Bonds issued by the Boonville Railroad Bridge Company;” and that any holder of any of the bonds issued under the provisions of this indenture may there register his bonds upon presenting the same ; and that when a bond is so registered in the name of any person, such person shall be deemed and regarded as the owner of such bond; and that all payments of either principal or interest thereon, shall thereafter be made to him or to his order only; and that such payments to him, or his order, shall be valid payments of such principal or interest, and a discharge to the party of the first part to the extent of the sums so paid. And also that such registry may be changed, upon presentation of Change of Registry, the bond, with the written order of the person in whose name it is so registered, pro[)erly authenticated, to the name of such person as may by the said written order be designated for the purpose, and he shall thereafter be deemed and regarded as the owner of the bond and its interest coupons, under the same circumstances and conditions, Jind with the same rights as the prior owner, including the right to change the registra- tion in manner aforesaid, and so, from time to time, as the owner for the time being may desire ; and that the registered holder may also have the right to register the bond as payable to bearer; in which case the bonds and interest coupons shall be payable to bearer. [And any holder of a bond so registered as i)ayable to bearer] may again cause it to be registered in his name, with the same effect as the first regis- tration, and successive registrations may in the same manner be made, from time to time as may be desired ; and also, that the holder of any of said bonds may, at this option, surrender the coupons attached thereto to be cancelled, in which case inter- est thereon will thereafter be payable to him, or his order, only. Article Sixth. — All 3Ioneys, the Proceeds of the Sale Proceeds of Sales of of the Bonds, issued by the party of the first part as afore- said, shall be received by the party of the second part, its 354 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Insurance of Bridge. Proceeds of Insur- ance. Guaranty of Interest by M. K. & T. Pvy. Co. Lease of Bridge to M. K. & T. Ky. Co. successor or sucessors in this trust, and shall be expended in the construction of the said bridge, its approaches, tracks, lines, structures, and appurtenances, under the direction of the chief engineer, employed by the party of the hrst part, and shall be paid over upon the certificate of said engineer and the President of the party of the first part. Article Seyexth. — The said Party of the First Part shall Insure the said bridge, structures, and appurtenances, or cause the same to be insured, from time to time, by and with the advice of the party of the second part, its successor or successors, in such sum and upon such terms as shall be agreed upon ; and will deposit the policy or policies of insur- ance with the party of the second part, and produce the receipts for the payment of the premiums. And in default of such insurance being so effected, the said party of the second part, its successor or successors, shall effect such insurance, and the said party of the first part, shall re-imburse, or cause the said party of the second part, its successor or successors, to be re-imbursed for the premium or premiums paid therefor; or the said party of the second part may retain said sum out of any moneys which may come into their hands. Article Eighth. — Any Sum or Sums of Money paid to, or received by, either of the parties to these presents, for any loss, damage or injury to said bridge, its structures, or appur- tenances, shall be held in trust for, and applied to the repair or reconstruction of said bridge, structures, or appurtenances, without delay. Article Ninth. — Whereas, the Missouri, Kansas and Texas Railway Company has guaranteed the payment of the interest coupons upon the bonds aforesaid, and the payment of the several sums to be paid into the sinking fund as aforesaid, and has covenanted to pay the said interest coupons and the said several sums into said sinking fund as they severally become due, and the principal of said bonds at maturity ; and whereas, the party hereto of the first part has, by an indenture, bearing even date herewith, leased the said bridge to the said the Missouri, Kansas and Texas Railway Company at an annual rent, equal to the annual interest upon said bonds, and the annual payments, so to be made into the said sinking fund; Now, in case the said Missouri, Kansas and Texas Railway THE MISSOURI, KANSAS AND TEXAS RAILWAY. 355 Company, should at any time fail to pay the said interest coupons, as they severally become due, or should fail to pay any sum herein provided to be paid annually into said sinking fund, and in case, upon the default of the said Missouri, Default. Kansas and Texas Railway Company to make such payments, the party hereto of the first part should, at any time fail to pay the said interest coupons as they severally become due, and to pay the said several annual sums into said sinking fund, the said party of the second part, its successor or successors, shall, so long as any of the said bonds shall be outstanding or unpaid, have the right to enter upon the premises hereby Trustee may enter conveyed, and fix the tolls to be levied upon all property passengers to be transported over, or which shall use or have the benefit of the said bridge, its structures or appurtenances, and to receive the same, and for that purpose to appoint suitable agencies for the collection thereof, and the rates so fixed, may be changed, from time to time, so as to produce a sufficient revenue to maintain the said bridge, its structures, and appurtenances in good order and re})air, and to pay the said interest coupons and said annual sums into said sinking fund. Provided Nevertheless, that if the said i)arty of the second part, it ssuccessor or successors, shall deem best, after such entry as aforesaid, it shall be lawful for it or them to demise trustee may demise or let the said bridge, its structures, and apjnirtenaiices at such rent, and generally iq)on such terms and })rovisions as shall seem best, and the net rents, revenue, or income to be derived from such demise, shall be aiiplied iiu the same manner as is pro- vided in Article Seventh, for the tolls and income therein mentioned. Article Tenth. — If any such l>efaiilt shall he com- mitted by the said Missouri, Kansas and Texas Railway Company, or by the said party of the first part, as in the pre- ceding article mentioned, the party of the second part, its suc- cessor or successors, are hereby authorized and reipiired, ujion the request of the holders of one-tenth of such jiart of the said bonds as shall then be unpaid, with or without entry, as they may deem best, to cause the said bridge and all other, the property, real and personal, matters and things hereinbefore expressed to be conveyed, to be sold by pulilic auction, in the City of New York, giving twelve week’s notice of the time, 356 THE MISSOURI, KANSAS AND TEXAS RAILWAY. place, and terms of sale, twice in each week, in at least two newspapers, published in the City of New York and "the City of St. Louis, in the State of Missouri, and upon such sale to execute to the purchaser or purchasers, deeds, releases, trans- fers, and conveyances of the property, estates, rights, and securities thus sold, which shall be a perpetual bar, both in law and equity, against the party of the first part, its successors and assigns, and all persons claiming by, through, or under them, of all right, title, interest, or claim in or to said bridge, premises, and property, and every part and parcel thereof. Proceeds of Sale, And to apply the proceeds of such sale, together with all how applied. moneys in their hands, which shall be received under and by virtue of these presents, after deducting all outlays, disburse- ments, commissions, and expenses incurred in the execution of the trusts or powers hereby created, rateably in payment of the principal and interest of the said bonds then unpaid, whether the same shall have become due or not, and shall pay over the surplus, if any, to the party of the first part. And in case of such sale, the party of the second part, its succes- Trustee may bid at successors, may bid for and purchase the said bridge, property, real, and personal, or any part thereof, in behalf of the holders of said bonds. , Article Eleventh. — No Purchaser on any such Sale Receipt of Trustee to protect Purchaser, shall be bound to inquire whether any such notices as are men- tioned in the preceding article have been given, or be affected by any notice that may have not been given, but the receipt, or receipts and conveyance by the party of the second part, its successor or successors, shall, notwithstanding the want of such notice, be an effectual discharge to the purchaser or pur- chasers, who shall not be bound to see to the application of the purchase-money. Trustee’s Agents and ARTICLE TWELFTH. — The said Party of the Second Part, Attorneys. its successor or successors, may employ such attorneys, coun- sel, or other agents as may be necessary in the execution of the trusts hereby created, and shall be entitled to just compen- sation for all services rendered in the execution of this trust, and to be reimbursed for all necessary expenditures in and about the same. Resignation, etc., of ARTICLE THIRTEEN. — 111 Case of tlic Kesigiiatioii , removal. Trustee. insolvency, incapacity, or inability, for any reason, of the said party of the second part, to act in execution of the trust hereby THE MISSOURI, KANSAS AND TEXAS RAILWAY. 357 created, then the holders of one-tenth of such part of said bonds as shall then be unpaid may select and designate, in writing, one or more competent persons, or another corpora- tion, competent to act, as trustees or trustee, to execute said trust, and the person, persons, or corporation so selected and designated shall be clothed with all the rights and powers hereby conferred upon the party of the second part, and all necessary conveyances and assurances shall be made to vest in the new trustee or trustees, all the property hereby mortgaged and conveyed in trust. Article Fourteenth. — The Party of the First Part shall, Covenant for further S S U I* ft 11 C 0 from time to time, and at all times hereafter, and as often as thereunto requested by the paidy of the second part, its suc- cessor or successors, execute, acknowledge, and deliver all such further deeds, conveyances and assurances in the law for the better assuring unto the party of the second part, its suc- cessor or successors in the trust hereby created, upon the trusts herein expressed, the bridge, approaches, structures, real and personal property and appurtenances hereinbefore conveyed or intended so to be, and all other property and things whatsoever, which may be hereafter ac(|uired for use in con- nection with the same or any i)art thereof, and all franchises now held, including the franchise to be a corporation, as by the party of the second })art, its successor or successors, or hy their counsel learned in the law, shall be reasonably advised, devised, or required. Provided, however, and this mortgage and conveyance is upon the express condition that until some (hd’ault shall he to remain , . . with Unto Corn- made in the performance or the observance ot the conditions, pany, its Lessee, etc., obligations, or reepnrements herein contained, the said party of the first part, its lessee or lessees, shall be permitted to possess, manage, use, operate, and enjoy the said bridge, structures, and j)roperty, real and })ersonal, hereby conveyed; and that upon the })ayment in full of said bonds, and the interest due thereon at the times and in the manner aforesaid, the transfer, conveyance, and assignment hereby made of the said bridge, with all its appurtenances, and all other the prem- ises hereinbefore expressed to be conveyed, shall be void, Defeasance, all the estate, real and personal, rights and jiroperty hereby conveyed to the party of the second part, its successor or suc- cessors, shall revert to and revest in the party of the first part. 358 THE MISSOURI, KANSAS AND TEXAS RAILWAY. Notarial Certificate of Acknowledgment. without any acknowledgment of satisfaction, or reconveyance, re-entry, or any act whatsoever. J. H. C. T. In Witness Whereof, the party of the first part has caused its corporate seal to be hereto affixed, and the same to be attested by the signatures of its President and Secretary ; and the said party of the second part, to signify its acceptance of the trust hereby created, has also caused its cor- porate seal to be hereto aflSxed, and the same to be attested by the signatures of its President and Secretary, the day and year first above written. Francis S. Kiddy [Skiddy], President. Fairbanks, iSeeretary. The Union Trust Company of New York, G. G. Williams, President^ pro tern. Carlton, Secretary. State, City and County OF New York, Be it remembered that on this 17th day of May, A. D., 1873, before me, Charles Nettleton, a Commissioner of the State of Missouri for the State of New York, residing in said City of New York, personally appeared Francis S. Kiddy [Skiddy], the President of the Boonville Railroad Bridge Company, to me personally known to be such, who being by me duly sworn, did depose and say that he resided in said City of New York, that he was the President of the said Com- pany ; that he knows the corporate seal of said Company ; that the seal affixed to the foregoing instrument is such corporate seal; that it was so affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by the like order as the President of said Company; and at the same time and place before me, also i)ersonally appeared J. II. Fairbanks, the Secretary of the same Com- pany, to me personally known to be such, and being by me duly sworn, did depose and say that he resided in said City of New York; that he was the Secretary of the said Company ; that he knows the corporate seal of said Company ; that the seal affixed to the foregoing instrument was such corporate THE MISSOURI, KANSAS AND TEXAS RAILWAY. 359 seal of said Company ; that it was so affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by the like order as the Secretary of said Company, and they also each acknowledged to me that they had executed the foregoing instrument for the purposes therein mentioned, and that the same was their own act and deed and the act and deed of said Company. In Witness Whereof, I have hereunto set my hand and affixed my official seal. Charles Nettleton, Commissioner of Missouri in J^ew York. State, City and County, ) OF New York. J Be it remembered, that on this 17th day of May, 1873,^^ . , ^ . before me, Charles Nettleton, a Commissioner of the State of of Acknowledgment. Missouri for the State of New York, })ersonally appeared George G. Williams, the President pro tern, of the Union Trust Company of New York Company., to be personally known to be such, who being liy me duly sworn, did depose and say, that he resided in said City of New York, that he was the President tem.M tlie said Conpiany, that he knows the corporate seal of said C()m})any, that the seal affixed to the foregoing instrument is such corporate* s(‘al, that it was so affixed thereto by order of the Board of Dii’cctors of said Company, and that he signed his name tliereto by the like order as the President pro tern, of said Company, and at the same time and place, before me, also iiersonally ai)peared, C. T. Carlton, the Seci’etary of the same Company, to me personally known to lie such who, being by me duly sworn did depose and say that he resided in the City of Brooklyn in the State of New York. That he was the Secretary of the said Company, that he knows the cor})orate seal of said Com- pany, that the seal affixed to the foregoing instrument, was such corporate seal, that it was so atlixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by the like order, as the Secretary of said Company, and they also each acknowl- edged to me that they had executed the foregoing instru- ment for the uses and pur})Oses therein mentioned, and that 360 THE MISSOURI, KANSAS AND TEXAS RAILWAY. the same was their own act and deed and the act and deed of said Company. In Witness Whereof, I have hereunto set my hand and affixed my official seal. Charles Nettleton, Cojnmissioner for Missouri, in Neio York. [The original of the foregoing instrument was filed for record in the office of the Recorder of Deeds for Cooper County, Missouri, on the 26th day of June, 1873, and is recorded in said office in “Mortgage Book C,” on page 519 and following. The foregoing is an accurate copy of the in- strument as there recorded.] ST. LOUIS, FT. SCOTT AND WICHITA RAILROAD COMPANY. C'; FIRST MORTGAGE, OCTOBER I, 1880. THIS IXDEXTURE, made this first day of October, in the parties, year of our Lord eighteen hundred and eighty, between the St. Louis, Ft. Scott and WicIiita Kailroau Company, incorporated under and by virtue of the laws of the State of Kansas, of the first part, and the Union Trust Company^, of New York, of the second part, AVitnesseth, AVliereiis, in })ursuance of the power and Resolution to issue ,, '.L • -i- 1 I ^ 1 • I'tj I I’' c 6,750 Bonds of $1000 authority in it duly vested, the saw St. J.ed. This bond shall pass by delivery or by transfer on the books of the Company. After a'registration of ownership certified hereon by the Secretary of the Company^ or duly appointed transfer agency in the City of New Yorly no transfer except on the books of the Comj)any shall be valid, unless the last transfer he to bearer,- which shall restore transferability, but this bond shall continue subject to successive registrations and transfers to bearer, as aforesaid, at the oi)tion of the holder. This bond shall not become obligatory until it shall have been authenticated by a certificate, indorsed hereon and duly signed bv the Trustee. In Witn<‘ss Whereof, the said Com})anyhave caused Registration and Transfer. Certification by Trustee. their corporate' seal to be hereto affixed and the same to be attested by the signature of the President* and Secretary, and have also caused the engraved signature of the Secretary to be affixed to the cou[)ous hereto annexed on the 1st day of October, 1880. , Secretary/. , Presideni. ST. LOUIS, FT. SCOTT AND AVICIUTA RAILROAD.' 737 Coupon. 135 - ‘ No. On the first day of April, A. D.,. 1881, The St. Louis, Ft. ^ . Form of Coupon. Scott and Wichita Railiioad C o^ipany, promise to pay to the bearer hereof, thirty-live dollars, gold coin, at its agency or office, in the City of New Vork, being six months’ interest due that day on bond, NumTer ^ — . ' T , , Secret ary . Trustee’s ( V.rtificate. The Union Trust Company of New: York, hereby certify ^ , ’ - Trustee s Certificate, that this bond is one of a series of six thousand seven hundred and fifty bonds referred to in the .within deed of trust. Union Trust Company of New' York, 7 ' rmtee . I>v — , T * resident . Xow, this ludeiitiire Witiiessotli, that for tind in consid- rpj^jg eration of the jiremiscs and the sum of one dollar to it duly''®y® paid by the party of the second })art, and in order to secure the payment of the i)rinci[)al and interest of the said bonds according to the tenor tlu'reof, and the coipions thereto annexed, the said St. Louis, Ft. Scorr and Wichita IkMU- ROAD Company, the party of the first part hereto, has granted, bargained and sold, and by these |)resents doth grant, bargain, sell, and convey and transfer unto thcjiarU'of the second part, and to its successor as continuing Trust ei*, and a.'^signs, all and singular the railroad of the party of the first jiart, which the })arty of the first [lart is by law authorized to construct from the eastern boundary of the State of Kapsas, a?^ near as [irac- ticable east of the City of Fort Scott, Kansas, thence in westerly direction through the C'ountii'S' of Ilourbon, Alhuui^i's Faeiflc R. R. in ,,,,,, 1 c 1 • I I- ri Ellsworth Co. \\ oodson, ( ireenwood, l>utler, hedgwiek, Kingman, Harper, Ihirbour, Comanche, llarviY,' Marion, McRherson, Rice, Lllsworth- forming a conjuiiction with tln^ Kansas Pacific Railroad in FI Is worth County, as the same is or hereafter shall be constructed, including.all the railroads, rights of way, depot grounds and other lands, all tracks, bridges, viaducts, cul- verts, fences, and other structures, all dejiots, station houses, en- l^uildings, etc. gine houses, freight houses, w'ood houses, and other buildings, and all machine shops, and other sho{)s, and all real and personal property, held or acijuired, or hereafter held or acquired by said Company, its successors or assigns, for use in connection 738 ST. LOUIS, FT. SCOTT AND WICHITA KAILROAD. Rolling Stock. Franchises. Appurtenances. Incomes. with said raih^oad, or the business thereof, and including also locomotives, tenders, cars, and other rolling-stock or equip- ments, and all machinery, tools, im[)lements, fuel, and mate- rial for constructing, operating, repairing and replacing the said railroad or any part thereof, or any of its equipments or appurtenances, and all machinery of all kinds, and all and singular all the other personal property of any nature, kind or description whatever belongmg to said Company, and also all franchises connected with or relating to the said railroad, or to the constructing and maintenance or use of said railroad, and all the property, franchises, rights and things of whatsoever name or nature now held or hereafter to be acquired by said party of the lirst i)art or its successors or assigns. Together with all and singular, the tenements, hereditaments and appurte- nances to the said railroad, lands, and the aforesaid premises or either thereof belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, tolls, incomes, rents, issues and profits thereof, and also all the estate, right and title, interest, property, possession, claims and demands whatsoever, as well imlaw as in equity, of the said party of the first part, of, in and to the same and any and every part thereof, with the appurtenances. To have and to hold. To Have and to Hold the above mentioned and described railroad, real estate' personal property, and premises, with the appurtenances, unto the party of the second part, and to its successors as continuing Trustee, and assigns, In Trust, nevertheless, for the purposes herein expressed, to wit : — Possession to remain ARTICLE 1. — Until Default Shall be made in payment of with Railroad Com- principal Of interest of said bonds, or some of them, or pany. ^ . 1 . , until default shall be made m respect to something herein required to be done or keiit by the party of the first part, the said railroad company shall be suffered and permitted to possess, manage, operate, and enjoy the said railroad, with its equipments and appurtenances, and to take and use the rents and profits, incomes, tolls, and issues thereof, in the same manner and with the same effect as if this deed of trust or mortjrage had not been made. Default continued ARTICLE 2. — In Case Default be made in any of the pay- for Six Months. ments or conditions herein mentioned, and such default shall remain for six months, then and in that event the said party of the second part may declare all the bonds, with attached 8T. LOUIS, FT. SCOTT AND WICHITA RAILROAD. 739‘ coupons herein secured, due and payable, and this mortgage Mortgage foreclosed, may be foreclosed according to law. Article 3. — At any Sale of the aforesaid Property, Purchase by Trustee or any part thereof, whether made by virtue of the powers herein granted, or by judicial authority, the Trustee shall bid for and purchase, or cause to' be bid for and pur- chased, the property so sold, or any part thereof, in behalf of all the holders of the bonds secured b}^ this instrument and then outstanding, in the proportion of the respective interests of such bondholders, at a reasonable price, if but a portion of said property shall be sold; or if all of it be sold, at a price not exceeding the whole amount of such bonds outstanding, with the interest accrued thereon, and the cost and expenses of foreclosure. Article 4. — in Case pet'ault shall be made in the continued ]:)ayment of any half year’s interest, on any of the afore- ^tenths, said bonds, at the time and in the manner in the coupon issued therewith provided, the stiid coupons having been presented, and the payment of thediderest thereon specified having been demanded, and that sucli "default shall continue for the period of the six months after ttue said cou})ons shall have become due, then in such case-, the^ principal of all the bonds se- Principal may be- cured hereby shall, at the, election of the Trustee, become immediately due and^ payable*, anything contained in the said bonds or herein to the contrary notwithstanding. F>ut a majority in interest of the holders of said bonds may in writ- ing under their hands, instruct the Trustee to declare the said j)rincipal to be due, or to waive fhe right so to declare, on such terms and conditions as such majority shall deem [)ro[)er, or may annul or reverse the election of the Trustee, provided that no action of the Trustee or bondholders shall extend to or be taken to affect any snbse({uent default, or to impair the rights resulting therefrom. Article 5. — The said St. Loris, Fort Scott 'and covenant for further WiTCiiiTA Railroad Comcany shall from time to time, and at all times hereafter, and so often as thereto reciuested by the Trustee, execute, acknowledge, and deliver all such fur- ther deeds, conveyances, and assurances in the law (for the better assuring unto the Trustee and its successors in the Trust hereby created, upon the trusts herein expressed, the railroad, eijuipments, and appurtenances hereinbefore men- 740 ST. LOUIS, FT. SCOTT A.ND WICHITA^ RAILROAD. tioiied, or intended so to be, and all other })roi)erty and things whats()ever ^v^h-ich may hereafter l)e acquired for use in con- nection with the same, or any part thereof, and all franchises now held or hereafter acquired, including the franchise to be a corporation) as by the Trustee or its successors of by its counsel learned in the law shall be reasonably advised, de- vised, orre(|uired. < Disused Property ARTICLE (). — The Trustee shall have Full Power, in maj e so . discretion, and upon the written request of the St. Louis, Fort Scott and Witchita Railroad Company, its successors or assigns, to convey by way of release or other- wise, to the persons designuted by the said Company, the ^vhole or any part of the land acquired or held for the purpose of stations, depots, shoi)s, or other buildings, or the uses con- nected therewith, and shall also have power to convey as aforesaid, on like request, any lands or property which in the judgment of the Trustee shall not be necessary for use in connection Avith the St. Louis, Fort Scott and Witciiita Railroad Company, or which may have been held for a supply of fuel, gravel, or other material, and also to convey as afore- said any lands Avhich may become disused by reason of a change of the location of any station-house, depot, shop, or other buildings connected with the said railroad, and such lands occupied by the track and adjacent to such station-house, depot, shops, or other bAiildiugs, as the said Company may deem it expedient to disuse or abandon by reason of such change, and to consent to such changes and any other such changes in the location of the track as in their judgment shall have become expedient, and to make and deliver tlie conveyances necessary to carry the same into effect; Substitutes conveyed but any lands that may be acquired for jAcrmanent use in sub- to ^Trusto© stitution for aiw so released shall be conveyed to the Trustee upon the trusts of these presents. And the Trustee shall also have full power to allow the said Company from time to time to dispose of, according to their discretion, such portions of the e(piipments, machinery, and implements at any time held or acquired for the use of the said Railroad Companjs as may have become unfit for such use, replacing the same by new, which shall be conveyed to the Trustee or be otherwise made subject to the operations of these })resents. Default continued ArticlkT. — It is hereby Declared and Agreed tliat for Six Months. jf default shall’ be made and continue for six months after 741 ST. LOUIS, FT. SCOTT AND WICHITA RAILROAD. maturity in the payment ot the said sums of money above mentioned, or the piterest that inay grow 'due* thereon, or of any part thereof,, as stipulated in said hondsf then, and from thenceforth, it shall be lawful for the said party of the second part, its successor and assigns, to enter into Jind upon all and Entry by Trustee, singular the premises hereby granted or intended so to be, and to sell and dispose of the same, and all benefit and equity Power of Sale, of redemption of the said party of the first part, its success- ors or assigns therein, at public auction, according to law, and, as the attorney of the said party of the first part, for that purpose by these presents duly authorized, constituted and appointed, to make and deliver to the purchaser or pur- chasers thereof, a good and sufficient deed or deeds and con- Trustee’s Deed, veyances in the law for the same, and out of the money arising from such sale to retain the principal and interest which shall then be due, together with the costs and charges of sale of the said premises, rendering the overplus of the Surplus, purchase-money (if any there shall be) unto the said })arty of the first part, its successors or assigns, which sale, so to be made, shall forever be a pert)etual bar, both in law and e([uity, against the said party of the first part and assigns and all other persons claiming oi’ to claim the premises or any i)art thereof, by, from, or under them, or to take a})})ropriate legal proceedings to enforce the i-ights of the bondholdei’s under these presents upon the re(|uisition in writing, as hereinafter specified, as applicable to th(' sevei-al ease's of default, in the manner and subject to tlu' (lualitications lu'rc'inafter })rovided, as follows : — Flrnt. If tlie Default he as to lute I'est or l*riu<‘ii>al of any Requisition upon of the said bonds, such reipiisition upon the said Trustee shall ‘ ^ holders upon Default be by holders of not less than three million, live hundred thou- to Interest, sand dollars in aggregate; amount of said bonds, and u[)on such requisition, it shall be the duty of the Trustee to enforce the rights of the bondhokh'rs under these presents, by entry, sale or legal proceedings, as they, being advised by counsel learned in the law, shall deem most expedient for the interest of all the holders of said bonds. Second. — If the Default he in tlu; Oiuissioii of any Act or Other Defaults and thing required by these i)resents, for the further assuring the title of the Trustee to any property or franchise now [)os- sessed or lu'reafter ac(|uired, or in the omission to conq)ly 742 ST. LOUIS, FT.^COTT AND WICHITA KAlLROAD. with any provisions of these presents to be observed, performed or kept by the said Company, its sueeessors or assigns, then, and in either of such cases, the Trustee may enforce in its own disci’etion, and upon the requisition as aforesaid of a majority of the holders of the bonds secured by these presents, it shall be its duty to enforce, the rights of the bondholders by reason^ of such default, subject to the powers hereby declared of a nuijority in interest of the holders of said bonds, by requisition in writing under their hands, to instruct the said Trustee to waive such default or to enforce the rights of the bondholder by reason thereof. Provided: That no action of the said Trustee or bondholders, or both, in waiving such default or otherwise, shall extend to or be taken to affect any subsequent default, or to impair the rights resulting therefrom. Defeasance. ARTICLE 8. — If the said St. Louis, Ft. Scott and Wichita Railroad Company, its successors or assigns, shall well and truly pay the sum of money hereby required to be paid by the said Company and all interest thereon, at the time and in the manner herein specitied, and shall well and truly keep and perform all the things herein required to be kept or performed by the said Company, according to the true intent ^ and meaning of these presents, then, and in that case, the estate, right, title and interest of the said party of the second part and its successors in the trust hereb}^ created, shall cease, determine and become void ; otherwise the same shall be and remain in full force and virtue. “Trustee” defined. ARTICLE 1 ). — It is Mutually Aj»T*eed by^ and between the parties hereto that the word “ Trustee,” as used in these presents, shall be construed to mean the Trustee for the time being, and that the said Trustee shall be entitled to just com- pensation for services which it may hereafter render in its trust, to be paid by the said Company. That the said Trustee Resignation of Trus- or anv successor, mav resicTii or discharo-(‘ itself or himself of tee. - ’ V o r- the trust created by tlu'se ])resents, by notice in writing to the St. Louis, Ft. Scott and Wichita Railuoad Company, three months before such registration shall take effect, or such shorter time as they accept as adeijuate notice, and iqion due execution of the conveyance hereinafter reipiired. That in case at any time hereaftcu- the said Trustee or any Trustee hereafter appointed shall resioii, as herein provided for, or shall become incapable or unht to act in such trust, a successor to such ST. LOUIS, FT. SCOTT AND WICHITA RAILROAD. 743 Trustee shall be appointed by the holders, for the time being. Successor in Trust of a majority in interest of said bonds then outstanding, and the Trustee so appointed shall thereupon become vested with all the powers, authorities and estates granted to or conferred upon the party of the second part by these presents, and all the rights and interest requisite to enable it or him to execute the purpose of this trust, without any further assurance or conveyance, so far as such effect may be lawful; and the said Trustee so resigning, shall, on the written request of the new Trustee who may be appointed, immediately execute n deed or deeds of conveyance to vest in such new Trustee, and upon the trusts herein expressed, all the property, rights or fran- chises which may be at that time held upon the said trusts: Provided, nevertheless, and it is hereby declared and agreed, that in case it shall at any time hereafter prove impracticable after reasonable exertion to appoint in thev^manner hereinbefore provided, in the event that the trust shall become vacant, application in behalf of all tlie holders of the bonds secured hereby, may be made by holders of the said bonds, to the aggregate amount of three million, live hundred thousand dol- lars, to any Circuit (Jourt of the United States for any judicial district in which any part of the aforesaid railroad may be situated, or any other court of compidcmt jurisdiction, for the appointment of a new Trustee oi- Trustc'es. In Witness AVliereot, the said party of tlu^ first i)art , has caused its corporate seal to be hereto Jillixed, and the same to b(‘att(‘ident and Secretary , and the said ])arty of the sc'cond part has caused its corporat<^ seal to be hereto atlixed, ami the same to be attested by the signatures of its President and Secretary, to testify its aceeptanee of the trust hereby created, tin; day and year first above written. ' St. Louis, F i’. Suott and Wiuiuta Railroad Comi’Any. lly FiiANCis Tikrnan, Pres I deni. And by Ira 1). Bronson, Secrelary. Union 'Prust Company of Nfw 'I'ork. By Fdm ard Kino, J* resilient. Attest : A. (). Ronaldson, Serretdry . 744 ST. LOUIS, FT. SCOTT AND WICHITA RAILROAD. United States of America, State of New York, . City and County of New York. ) „ . . , „ Be it remembered that dm tliis second day of October, in Commissioner’s Cer- ^ . tificate of Acknowl-the year of our Lord, one thousand eight hundred and eighty, edgment. City, County and State, before me, the undersigned, a Commissioner of the State of Kansas, duly commissioned and sworn, and authorized to take oaths and affidavits, dwelling in said City, personally appeared Francis Tiernan and Ira D. Bronson, to me personally known, and known by me to be the real and same ipersons described in, and who executed the fore- going instrument, and whose names are subscribed thereto as having executed the same. And the said Francis Tiernan, being by me duly sworn, did depose and say that he resides in Fort Scott, Kansas ; that at the time of the date of the foregoing instrument he was, and still is, the President of the said St. Louts, Ft. Scott and Wichita Railroad Company ; that the seal affixed to the foregoing instrument is the corpor- ate seal of the sjiid Conpiany ; that the same was so^affixed by authority and order of the Board of Directors of said Com- pany, and that he, as President, and the said Ira D. Bronson, as Secretary, signed their r('s})ective names thereto, and exe- cuted the same on behalf of said Company, by like authority and order; that the said Ira I). Bronson, at the time of the date of said instrument, was and now is the Secretary of said Company ; and the said Francis Tiernan and the said Ira. D. Bronson severally acknowledged to me that they have exe- cuted the said instrument, and signed, sealed, and delivered the same, as the free and voluntary act of the said St. Louis, Ft. Scott and Wichita Railroad Ccoipany, for the uses and purposes therein expressed. Ill Testimony Wliereof, 1 have hereunto set my hand - and affixed my official seal as such Commissioner aforesaid, at the City, County, and State afore- said, the second day of October, in the year 1880. Chau l i-:s N ettleton , Commissioner for Kansas in New York. Statk of New York, ss. (hTY AND County of New York. ^ Commissioner’s Cer- I, Charles Nettlcton, a Commissioner duly ajijiointed by the mS^ ^''^"®'^’’Gov(U'nor of the State of Kansas to take the acknowledgment ( ST. LOUIS, FT. SCOTT AND WKHUTA RAILROAD. nnd proof of deeds and otlier instruineiits to be recorded in said State of Kansas, do hereby certify that Edward King, as President, and A. 0.,Ronaldson as Secretary, who arc person- ally known to me to be such officers, and to be the identical l)ersons whose names are subscribed to the foregoing instru- ment, appeared before me this day in person, and acknowl- edged that, as the President and Secretary of the Union dhtusT Company of New York, they signed, sealed and delivered the foregoing instrument, with the corporate seal of the said Union Trust Company or New York thereto affixed, as the free and voluntary act and deed of the said Union Trust Com- pany, for the uses and purposes therein mentioned. In Testimoiij^ Wiiereof, I have hereunto set my hand and affixed 7ny official seal this ; second day of October, A. 1)., 1880. Char i.es N i:TTUE'roN , Commissioner for Kansas in Kew York, 117 Broadicay , lY . Y. City. 745 •M • ^ - 5 . 'A 3 ■J". ■ • /, f , ’ : .V , '.U <• .,'V‘',' '•;/■' ■>./ ,, • -i ; .s !• r , ’ f-.r- 1 r ',f i 'W r ■ p: i' •. .v,.V f bl T r»-\ b. >!V I I ir ?. 4 ' 1=? If I f j N f \ 1/W S/ ^ ‘4’ >.v. .ru, , : w- * •■ ■■ ’, ;' j > ^i#:: ■:m:'r:. 'afe§^' •'•' ^ ; . ;'’ • .:‘:.:x*.!:.. > ■,, ^ .v'-'' f 'T S' "' ■ •■■-'• -' -'■ ' ’’i' ^ ' fl'« ''V ; fc£'- ■ *■ ; '-: :h ,''■'•■/■ “ ■ a' i- mm O'. '- '• . L. *]?-■ Lk.'&.ii< V ’ 3 >, ' , ■ .-'