feoria anli (Drjnamka Mail Boab C0. CONTRACTS AND AGREEMEIT WITH % |lMs Central Sail $0air €a. JANUARY 31, 1857. NEW-YORK : CHATTERTON & BROTHER, POINTERS, 102 MAIDEN LANE. 1857. c$\;lli I PEORiAAND^-"'W^' 'J^f'^MPAKl Beveii hundred uixd Uily tiiiVdfrAiid dollars ot't.iC lionds oi tjiis Compai'V have }m--.'.. ■.•<■!•< -J', issn' d, ai-.t the Trustees submit: the foliowing stat" ' the above-nanied securities, nnd rho provision ra?.,ab lor x,ui luivrost on the same. These .Bonds are F^r O. ■> Tlumsaml dollars each. ai. . . . '. . .'ie city of NeTv--li ■ ■ (; first ^da/y of April, 1882. iiitcrest, z.t the rat o of tiglu pc/ '• annum, h also paya.bic in New-York, ser- '->'-! .?■'!;':' ••'!*■ (l5..\'<'-." An;;! -n.! October in each 'ihe payment ot Uie&u iioiius jts secured i»y a DcO'i of ''i.^u;-^ couvcyirig to "■'■" Tv ..'■'., ^ aivfw.n-- miles of the Eastern end ' i" its Rail Hof vbich. lies between the St. Louis,/ . ' .'the State of Indiana. In'; -•■'^ -ill the same, and appro i'viti ..ivndtv V. !{ LJi'' !,::>. ;;;;.j^ : Tnist.' ; ■:.:!':-' t. loc Trustees tht rent T'nyahle ^y tho Tt]ifo'«' ^'-ertr;'! iluil Road Company for i,he iv- ■ ' ■ •■ ;Ti K^ail Road, airK/imting ..'.■■ u -■ i^ •■jji \--f-- i.:.t;; --^ ' ^u' ' t-nd not exceeding .$75 000. to 'c- •;-;->p]ied bjthe Trns- ■i.>:i ila; iu:ei-eisL ou tin: '" - '■' ■•- to live hundred inclu.-". •-'.?£.'' To II Sinking Fui)' m ^ "" the said hist dcsciiocd iive iyuadrua Bonais. .-, v^^ii dev r\-t 1;..^ .. ' rniTw interest, and a sli;...;,...; ._..,, 'nin_i^ pjiicei of Two hundreoi The Peoria & Oquawka Kail Road is now completed, and in successful operation from Burlington to the junction with the St. Louis, Alton & Chicago Rail Road, a distance of 145 miles. Its connections are as follows : At Burlington with Burlington and Missouri Rail Road, '•' Galesburg " Chicago, Burlington & Quincy " " El Paso " Main Line Illinois Central " " Chanoa " St. Louis, Alton &. Chicago " The further extension of this road 40 miles East, which is now being rapidly constructed, will give the Peoria & Oquawka Rail Road a connection with the Chicago Branch of the Illinois Central Rail Road, making a direct route from Burlington to Chicago via the latter Road. Annexed will be found copies of various documents, including the form of the Bond, which will more fully show the nature of the contract between the Illinois Central and the Peoria & Oquawaka R. R. Co., and the duties of the Trustees. WILLIAM H. OSBORN, ) ^ J. NEWTON PERKINS, S ^'^^'^^^^- RESOLUTIOISrS OF THE BOARD OF DIRECTORS OF THE leoria anli (IDiiniituha Bail %m'^ Co., Pi(sse€l March 11, 185T. Ordered, That the Peoria & Oquawka Rail Road Company issue seven hundred and fifty Bonds, of the denomination of one thousand dollars each, to be secured by a Deed of Trust or Mort- gage of that section of the Peoria & OquaAvka Rail Road which lies between the Chicago, Alton and Saint Louis Rail Road, and the West line of the State of Indiana ; said Bonds to be convertible into the Stock of Peoria & Oquawka Rail Road Company any time after 1865. The Deed of Trust or Mortgage to contain a sinking fund clause of two per cent, per annum, said bonds to bear date April 1st. 1857, and to be payable April 1st, 1882, to bear interest at eight per cent, per annum, payable half- yearly in the city of New-York. Ordered, That the President of the Peoria & Oquawka Rail Road Company be, and is hereby authorized to execute and deliver the Deed of Trust or Mortgage, securing the payment of che seven hundred and fifty Bonds, the issuing of which is authorized above, this day submitted to and approved by the Board of Directors of the Peoria & Qquawka Rail Road, and to exe- cute and deliver the seven hundred and fifty Bonds therein pro- vided for to William H. Osborn and J. Newton Perkins, the Trustees named in said deed or mortgage, by them to be applied under the contract with Cruger, Secor & Co., for the building and construction of that portion or section of the Peoria & Oquawka Rail Road, covered by said deed or mortgage. Ordered, That the Agreement, or Running Arrangements, between the Peoria & Oquawka Rail Road Company and Crugt-) , Seooi- & Co.^ pari Central Rail Road Gomf-a-iX', ii x'uc .^ccuiui part, giViiig ^o Uu, s;i.k1 •<.r.'-.n,i t>arty the v)','. :.. i ;., U;3 freight trains over a pov- iio; piastern i. be Peoria & Oqua^ ka Kail '.. ..l, aiiucr certain J] nil ■ /iKiirions, fully set forth ih said agrer^metit, beau'l .-. . .• . ..v-veby approved, aiid th( President of the Peoria & Oqiia^yka Rail Road is hereby autho Ti;:r oxecafce the same ■',, : ' \ TLtil Road ^ ■ ^v ';iv--,. i, /eona &; Oqitairki: iv;ui iv>;v', ^ji}i:\Ki ^ . nr i ■ ; '. .;_>uard '■ ' ' " *'' " ' " '■ of Peoria, Iiliiiols. on the _■ .,rch. "J8." V, B. CUKTISS, Ho. $1000. , ■ , . ■ ■ , v\ here' V acknowledge Thaii^and brdur^; v ih..!'! .■ - • :.l rThc Tllhn^:? <'^ntr- vatU>i:.'i.-5-i-. ;n '^^^^ O^tv of "^r^'•■■- ., A:rcDl 11.^:1(0.1 ..it tti' •' C-'iituii: ^i:r aauu:ii, pj.^. . ' -■• at thn ^a:Tv 7?''"" .rt davt, of Octoi)ei:' -^ ,.1 itcipal shail !• iuiu ^a 111',' bu.mi.U;.: v.: ^lit i.."p. ^ .i\u ...lerest warrants ^-xr.. subscribed by its President and Secretary, this first day of April^ A.D. 1857. The said Rail Road Company have issued seven hundred and fifty Bonds, all of this tenor and date, numbered from one to seven hundred and fifty inclusive, the payment of which is secu- red by a Deed of Trust conveying to Wm.H.Osborn and J. New- ton Perkins, sixty -five miles of the Eastern end of its Rail Road, being the section which lies between the Chicago, Alton and St. Louis Rail Road and the State of Indiana, upon Trusts, in case of default, to sell the same, and appropriate the proceeds in payment of said Bonds, in conformity with provisions contained in said Deed. And as further security, the said Trustees hold an assignment of the rent payable by the Illinois Central Rail Road Company for the use of a section of the Obligors Rail Road, amounting annually to a sum not less than $50,000, and not exceeding ,^75,000, to be applied — 1st, to the interest on those Bonds of the above series which bears the number from One to Five Hundred inclusive. 2d, to a Sinking Fund of two per centum per annum, for the benefit of the said last described five hundred Bonds. 3d, the remainder to the accruing interest and a similar Sink- ing Fund upon and for the remaining parcel of two hundred and fifty Bonds. This Bond is No. of the said series, and after being countersigned by said Trus- tees, is entitled to the protection and benefit of said Trust. The holder of this Bond is entitled at any time after the first day of April, 1865, on sur- L. S. render of the same and the unpaid interest Warrants, to receive an equal amount of Stock at par in said Company. N. B. CURTISS, President. Henry Nolte, Secretary. W. H. OSBORN, J. Newton Perkins, Trustees. (Coupons, No. 1 to 50, are attached to each Bond — Interest payable at the office of The Illinois Central Rail Road Company, New-York. .riits Indenture, ate of Iliinci?, ■ he eieventli day of j>v!a-c:>, :. i ' ' tc tJiousLind eight hundred s;U lifty-Fcveii, betAYoor fhe '*?"-:, ^ (>fr:a-rlr- R-iHKr.ad Com- r.-ii".'. a lav-ful corjice . ■ :' the first part, aii'l V'/iUiaio .. j J^ev.t', .i I cikiiis, r.U of the city jf H' -ycr' vu Tvusts hereinafter iimitecl, of .sesses power, ''v the laws of the •u.,t .^ .ii'>)i<..';N I-,., viv •,:<■(; jiad maintain a Rail Roadfronithe town of 0(>wa\vka, or. th- MifS!«?ippi "River, to the Indiana State ]irv:- . Akb V.'iiEUEAS' the o.ud '.^jjapaay has con&tructeu. its Rail Road fro! ; ita Wf-sto?; ■Jlirr\Ttion. to its intersection with th-; <. I:. . ;:; ■ '■ ! Road, in the county ci' McLean : •a..d iii the cvccuiiuji !^f oiud »vor]i hath beconie indebted in sun- th'V bon^^s n.iW v-^.'' v;>li:! '. ''i,^ ,„ >-yi r t of TVhich is SOCUn n T-v ' . '" rees of so much Bail HoivJ. iiue as .!■ ^h tiio points oforesaid. r vm'ti ^.n'bpr'.! ailthft " ^i- ^'ul Road line wK' Chicago ds Rail Ho. ^•>; :.L. .:.r liidiana. And WnKiiEAS tLc; ^iia i.,-s!' paity is aboat to con&rruot iii^'- portica ci its R?'' }':).vl -^^-Mch I'cs ■--s-'-nav'; ■)f the Chicago, .'Mt' ■ ■ :, V ■ . . : means to that end, la ai::Qui. ;;d isi-uc s:.'v..-u .Uuad;-::^! a.;.d lUty iJond^, nW of tha ^orr.r. uMl-^^.^.(' -hdc. bro-iiv^ tb- .k^^of thp'^bst Jav of Ani'^ p;; v,;i.c:>it ot" uL.~ iiioasUiid cip^Jiirs, at ihe Oj^ico oi the .;.■ rea:rii]Rnillt,:id C).i:?,n.av ^fi i\.. \l.' of Nc^v-Vo,.}:. t„ 'Yi the fir- / A.D. tme thovi&ai v-tMo, \\xiU tiitvue^ac 'i: the r:!i<" aI' ,-i. ' Piiyable half-yearly: April of each year; th»-' oni, Uier'^'.tvJi'* • t ,•.'' '"i 1 > ' 1 i uio pa; jueni of the respec- ontained in s;>id Bonds, That, ir ■•'^hpidoration of the :i!t!.u I.., 'ie};e;y . bartrain and cion ef if.s Riill Read and its LiTjie of Rail Road, lying befAvecn tke I rhe Chieago, Aitoh">'v' St, Lcuis Company's Rail Kofi<; • . .. i.\:v "West line of tiie State of Indiana, together with allsaki first party's right of way, a ud ail its other rights, privi]- ^^l?es ami fra.achises, ir^, upon, 'or pertaining to said section, including' its surveySj field notes, p]:^rl3 and profiles, its road-bod, mado or to l Have and to Hold, to i Jieni, the said Osborn an'l Per- kins, ,'us joint teiu;.ntfi, and not r. • teriarjts in comiaon,) and to the siirvivor of them ahd the bed signs of such survivor, and to whomever may beccnrc tiic successor of the Trusts here- i'laftp? lir.-itrd, 'r. fce-r'mril^, forever, to their own proper nst- ■■'■■•'. ^ibieet to jfcud upon the several TriiJ-Ls Liw.c..>a:;ov tw ilicso pre?(ent? lindted and defined, ond -excepting the rights of the Illinois (^enlTal Rail Itoad Ccmpan}', to the- use of a part of said RSi!dEvoad,dby reason of their con- tract aibresaid. And the first, party hereby cov'jnunt^ wii-h die i:,'dd parties v.!' the second part, ami enoli .,'' vV,-, and vritb the i^urvivor, his ned~3 .id assigns, thar >.l autoi'ity to sell and: C07i- vey the premise- ni raakuer aiul ■bnn as is above written; and that the ^^' ■•■(:' ;>• ■- '■'■'■^^ ^-^ v ■■" -.-,,: 'vnncos (except as is above excepted; i]^(V4efend the lawfijl possession ritOi-e<.': di.eir heir 10 assigns forever. And the firsjt party doth hereby further cove- nant, that at the request of the said second parties, or of the survivor, or his heirs and assigns, at any time hereafter, it will from time to time make such further assurances as Counsel learned in the Law shall believe necessary, to assure the title of the grantees and their assigns in the -premises hereby convey- ed : it being understood, however, that nothing herein contained shall impair the rights and interests granted to The Illinois Cen- tral Rail Road Company by the contract aforesaid. And the parties aforesaid hereby declare, that the Trusts for whose execution, this Indenture is intended to provide are the following, viz : — 1st, That the said Trustees shall permit the first party, and their Lessees and Assigns, to remain in possession of the premi- ses, and operate the said Rail Road, and take the receipts and earnings of the same, until default shall be made in the payment of the interest or the principal of the said Bonds, or any of the same, or in the payment of the Sinking Fund as is hereinafter provided. 2d, That said Trustees shall receive the sum which The Illinois Central Rail Road Company shall pay for the use of any part of said Rail Road, and shall invest the same in some safe and productive manner, until the same shall be required for the payment of interest, or for the sinking fund, as is hereinafter provided. 3d, That said Trustees, from the receipts of said rents, shall first pay the accruing interest upon those Bonds of said series which are numbered from one to five hundred inclusive, and shall be at liberty to retain annually the sum of five hundred dollars, in full for their compensation for managing said Trust. 4th, That said Trustees shall next appropriate, semi- annually, from said Rent, the sum of Five Thousand Dollars, as a Sinking Fund, for the redemption of the said five hundred bonds. They shall invest the same in the purchase of an equal amount of the said five hundred bonds, bearing the numbers last mentioned, provided the same can be procured at a price not greater than the par value thereof. When such bonds shall be obtained, the Trustees, to prevent their further negotia- bility, shall endorse thereon the object of their purchase, and shi>ri hc: -.tjd recem and dispose ot the acgruiri;: intejiesi i ^■ ••!',.. ^ ,■; ,,^.ich immner I'S in their judgment may best work tlie red'^mprvt-p on and aity bonds, numbered from livQ hni!.:-,; a:;. -. ■ r , .; ^ it hundrod and fifty inclusive, ami U-: t'l, .■■Atablisbmeiiit of a Shaking Fund for the redemption therf- ■y shall be guided by the provision? bonds. lie first party d- / covenant --yim . - pa.ru:,. and the survivor aiid l.i.i heirs and assigns, sucvOSft.;..... iu liiiS 'T'':'-' y-^-i^vii' ^^l^• "^ruscoes shall receive sc3v;-^;:;'i'.'„'^ of said :• pay the accruing iot-.' said sevcM huiiured iux-l niVy bonds, and a further smii, CM{udi i:^ Fifteen Thousand Bo'^'^^:--. 'mnually, to enal^--- ti,, •■ . providf> for said Sinking ■ said compensaii t it will siapply dehoaencies thereof from its . •■'' • ■ I'^nt thero'^^ •" ''■ •''I prove insufficient. '•bom?' -^ymentof the prin;''P'\b or the accruing inter indred a. bou'b. or in the due pr-^ L:;.i ni-.r ::U' /.:':r:.}n^ rund, as h.TOiii' fjrL-s::(;oiiied, for;v~e^-v' of si'rtv da'^^ rlrcr thf- ^n^i^e nrnnv ;^' the same shall b =;■■■■ '" . . . 'i-^ir^vU: ^ -eiil-, ^cvu ^ame ui:i..uiL con- ■:"i • , :iTjr'^: 0.1:- ■•es^lon of the promises Here h,-::j,-: ir agents, to use, operni': .... : ..;-ik: . : ., ui^cFasthey 8i)all ju '■ recrnre. And in si: . !>ey wiil. ;3* or ihoir agent, timu' po.i- ■'ibk''. ■:• ;n'oiv''c 1 fo l>;i<-; bv VV( ■ ■ , ■ ' tbc peaceably su irondo.' sp'-sIah <■" ;^ •- ore :' 12 are hereby authorized, on the continuance of said default, to receive the revenues of said section of said Rail Road, to expend the same in payment of the repairs and in the operation thereof, and to the expenses and objects of this trust. And (in case of such default continuing) the said Trustees are hereby authorized to sell the premises herein granted, or any part thereof (subject to the said contract with the said Illinois Cen- tral Rail Road Company) for the purposes of said Trust. Such sale shall be made at public vendue at Peoria, in the State of Illinois, without appraisal, to the highest bidder, either for cash,, or for credit not exceeding two years. The Deed of said Trus- tees shall convey to the purchaser all the right, title and interest of the first party in the section which may be sold, together with all property, surveys and writings relating to the same, and like- wise so much of the franchises of the said Company as are or may be necessary for conveying the right and title to the use and operation of the same. Notices of such sale, shall be given at least forty days previous to said sale, by publication in three newspapers of general circu- lation in the city of New-York, and one newspaper in Peoria, and one in Chicago, and wherever elsewliere the laws of the State of Illinois may require. In case of such default, and the second parties shall deem it more advantageous or more safe to bring the premises to a judicial sale, in the due execution of their trust, the first party hereby covenants with them that it will consent to the appoint- ment of a Receiver, and will interpose no delay by injunction, continuance, or appeal, or otherwise, to the same. In case of default continuing for sixty days, of making pay- ment either of interest or Sinking Fund, it is hereby agreed by the first party, that the whole principal sum contained in said bonds, as well as the accrued interest, shall become due and payable ; and the proceeds of such sale, when made by, or at the instance of, the second party, shall be appropriated to the purposes of this Trust, after paying the expenses of the same, and the expenditures of maintaining and operating said section, accounting with the first parties for any surplus remaining after the satisfaction of said bonds. It is hereby further witnessed, that the said Trustees, and each of them, after excercising good faith and ordinary pru- 13 dence in the performance of their respective duties, shall not be answerable either for the neglect or default of any co-Trustee, or of any agent by them appointed. And it is further provided, that one Trustee, with the consent and written appointment of the other, may excercise all and each of their powers and functions. In case either Trustee shall resign, or shall, from death, absence from the State of New-York, or from any other cause, become incapable of executing his duties as Trustee, it shall be lawful for the Board of Directors of The Illinois Central Rail Road Company to declare that the office, authority and title of such Trustee hath ended : and thereupon the said Board shall nominate, and with the approval of the first party's President for the time being, appoint another Trustee in his stead, and such conveyances shall be made by the other Trustee, or by any other party to this Indenture as shall invest such appointee with all the title and power of a Trustee, as fully as if he had been an original party to these presents. It is further witnessed, that no Trustee shall be required to take any step in the execution of this Trust likely to subject him to expense, unless the holders of said bonds, or some of them, shall give sufficient security to indemnify such Trustee from any such liability. And the said Trustees shall be at liberty to employ counsel learned in the law, in all suitable cases, whose reasonable expenses shall be a proper charge in their accounts. The said Trustees shall keep the accounts of said Trust open to the inspection of the first party, or any other persons holding its interests, at reasonable times, and shall file with the first party, annually, a statement of the same. Whenever the Sinking Fund, which shall come to the hands of the Trustees, shall be sufficient to provide for the payment of said Bonds and the purposes and objects of this Trust, the first parties shall be entitled to all further accumulations. Provided, however, and these presents are upon the following express condition, that if the first party, either from the resour- ces and means hereby provided, or in any other manner, duly make the several payments of interest on said bonds, as the same shall accrue, and shall pay the principal of the same when it shall become due, then the Trus+^s hereby created shall cease, I aad the Estate ■ -■ ugtees- without any fu . : be done or ^ntrv w lui i.-u •. ay the first party, shall ix^co:iiL v.. Kid th'-> prcraises iie;*eVr '••i-i'veyoij bi-oU revest ic and revert ^ • • il' ■ the first Aucl It is further '.. :. tlut the pariies of the second part, severally accept i;;i. ■ ;• foressaid, and covenant ^Yitll the first party that i hem \yill execute the Trusts taerein limited, ailer Llicif u'uc i/i tent and object, ]v, vW, ,._ ■■■^.ovfiof, ;the said Peoria & Oquawka nn: jvaa C ;nn)-^ -used their corporate seal to be hei'eunto affixed, ■aj;(i t' 5 '>y their President; and, the ^;;,,! r. .:iye heronnt'-i '"^ if. .;. i ..,, .. a.^ I oc . . ijove written nd Ouqawka R. H. < ^' V'. CURTISS, I:r::uu,u'. in the presencv Sec'y E. Lan. W. H. Ophokn. J. '\ ll^Vrn . PeRKTN?!. . . blic in and for the said St;- i city and county, tto .hat this day appeared before me Nathaniel B. Cuu.o;- .ry Nolte, Avhose names appear 3i-:':ned to the foregoin? ;' -'''o are severally knowr. to me ime per; ppear sio;ned thei !\eiAn jv;ic iged that '•■,: the sanic freely, ariu as i' r- act aud 1cm d n!* t'!- nv'-yka Rail Koad '^omyi?'.'^, forth' -' coi, -i have lieioiauo name and affixed itiiy this eleventh day of /Wi'T'- _;,; :, . \otai )/ Puhlic. 15 State of New-York. ) City and County of New- York. ) I, Samuel A. PhilliiDS, a Notary Public in and for the said State, city and county, do hereby certify, that this day appeared before me J. N. Perkins, (J. Newton Perkins) whose name appears signed to the foregoing deed, and who is known to me to be the same person whose name appears thereto, and acknow- ledged that he had executed the same freely, as his act and deed as Trustee, for the use and purposes therein expressed. In witness whereof, I have hereunto subscribed my name, and affixed my Notarial seal of office, this twenty- third day of March, A.D. 1857. SAMUEL A. PHILLIPS, Notary Public. State op Illinois. County of Cook. City of Chicago, ss : Before me, a Notary Public for Chicago, in said County and State, came the said W. H. Osborn, per- sonally known to me to be the signer and sealer of the fore- going instrument, and acknowledged the same to be his free act and deed, as Trustee, for the purposes therein expressed. Given under my hand and Notarial seal at Chicago, this 27th day of March, A.D. 1857. JOHN B. CALHOUN, Notary Public, Endorsements. State of Illinois. ( Livingston County. ( ^^ ' This instrument was filed for record March 31st, and record- ed in book L, pages 515-16-17-18-19-20. 1857. B. W. GRAY, Recorder. State of Illinois. Vermilion County. This instrument was filed for record April 1st, 1857, and recorded in book S, pages . SAMUEL G. CRAIG, Recorder, per'W. T. Cunningham, Dep. ss I This insij:a]>iOui: -s-i^A iiiol for reCiia ii>l Apr- 'V^' ■ 'i; Clerk. '.na McLean ( recorded buuil i^n 1^1 '•'■> ''O i-ccord April 4, 1867, and : . a^es B68-69- iSiruraenr was filed for record y and S' ■ ETER DuT\, Cier was h[i:a ioi' recoru, -^-.,.-^ ,:■: --^es rU Court. "Oep. Clerk. = eritrol Bail Road uampmj' Tho. DirectwH liavi));: ' 'he aiTangf-merita ^ouch. of the Peoria ^ Oiim- Oruger, Scfor & Cc^ certoiuRiiDn5ngAr. made with that Compa.' 1857. Rysoht Vo ;;, Jvu ARvSist, 1867. «' '^f the Illiroi? r iivc hundred bonds . iinpany, from Messrs. ' ' ■; -ad Coisipan}-. for •' •TTtjt'ncontra.ct • 'angary, Ids Cpitt-. U Msi-s, Crager, Secor v.<,'n i.!'''.:.ce lu lihnc-is, ara upon tr. tv.-ruu.Mif oi um.' ■•.•• ■ji^ci oi this ( orapany that the title of th^ Trustees to the said Peoria »fc Oqu;=vvaka Rail Road CornpaRyj^ perfect, is authorized to ;-xe- cute the said contract for the sa^ Running Arrangements. Attest: ^^' "^^ • OKERMAN, Secrdaty. Thit Agieemeiii;, ;!-^-c ai ^ v-ul. J, ^ ■■. /^lims of Rail Road, near Panola, and ' of the two Rail Roads, near Oru trainB. and to supply the nycesi^av'' during such passage. The ^"v^ : between these points in g^< sary supply of water. Tb shall he regulated by the party agrec-s to adjust it.'5 t-; all due and convenieiit faci ; second party shall send up o^ I hat the second party ma iunoli of the first party's > '-g: v'p inaiu line a.nd the ; ■ kS ■ . • « Rail Road. For f the first ptiji : ;, ^ ; I' • i i > >, K;;i.r ty OUC-half Oi it ; • ■ : ' y re cei ve for the tra,n ^:>f\r lil Eoad or any [-art tl LU .:.■ '.iM an-bt lioon tb.i >, +v 18 of the second part for the transportation of freight of like des- cription upon the second partlj's Rail Road, but the first party reserves to itself the right to transact all local business upon its own line of Rail Road, and the parties hereby agree that the same is not embraced within the scope and spirit of this agree- ment. The second party shall keeps its accounts of said transporta- tion open at reasonable times to the inspection of the first party or its Lessees, and shall make monthly payments of the first party's share of said earnings at the second party's office, at Chi- cago, either to the Trustees of Mortgage upon said section of said Rail Road, or to whomever may be thereto lawfully entitled. The second party hereby guarantees that it will annually pay, under the above arrangement, during the whole of said term of twenty-five years, a sum of not less than Fifty Thousand DollarS) and the first party consents that the second party may retain all which it may receive for transportation upon the first party's Rail Road beyond the sum of Seventy-five Thou- sand Dollars per annum. In case the track shall become broken, or in disrepair, the first party shall immediately repair the same on notice, and maintain it in good running order; if repairs become necessary before notice can be given, the first party shall repay to said second party such reasonable expenses as it shall incur, either for repairs, or the supply of water, or any other necessary purpose. The second party shall supply the fuel required for its own trains, and shall have the right to use the stations and station accommodations of first party's, for the trains which second party is entitled to run over said first-mentioned section of first party's road. This Contract shall become binding at the time when the track between the two points shall be open for use, and shall continue for the period of twenty-five years from said time. And whereas the parties intend that the sum which the second party hereby agrees to pay as rent for its use of the above described section of the first party's Rail Road, shall be applied first, to pay the interest and provide the Sinking Fund of five hundred, (numbered from one to five hundred inclusive) of the seven hundred and fifty bonds, of one thousand dollars each, secured by a deed of Trust, of said sections, of which W. H. 19 OsBORN and J. Newton Perkins are Trustees, the balance of said rent to be applied towards paying the interest, and providing for the Sinking Fund of the balance of said bonds, to which deed reference may be had for a specification of the exact conditions and limitations of said trust. It is therefore further agreed, that it shall be the privilege of the second party to require that this contract, and all the terms and conditions thereof, shall remain in force after the expiration of twenty-five years, until all and each of said bonds shall be paid. And Whereas, Messrs. Crugcr, Secor & Co. being contrac- tors for the construction of the above described section of said party's Rail Road, have acquired certain interests and privile- ges therein, Now These Presents Witness, that they, the saidCruger, Secor & Co. hereby become parties to this arrange- ment and give their assent to the same, and likewise to the making and delivery of the above-named proposed bonds and mortgage, so that this agreement, and each provision thereof, may be car- ried into full effect after the true intent of the parties. It is hereby expressly understood and agreed, that nothing herein shall be construed as conferring upon the second party the right or privilege of transporting upon the first party's Rail Road any freight, the point of delivery of which is West of the junction of said first party's Road and second party's main line of road. In case this agreement, from any cause, fail to give authority to the second party to use any portion of the Rail Road, as it above guarantees, then the second party shall be required to pay to the first party only a just proportion of its receipts for trans- portation upon such portion of the first party's Rail Road as it may rightfully use by force of this agreement. Tlie Feoj'ia ^' Oquwaka R. R. Co. [l. s.] {Signed) by N. B. CURTISS, PresU, Henry Nolte, Sec. P <^ O. R. R. Cruger, Secor & Co. Chas. A: Secor, ) By Saml. Gilman, Jas. F. Secor, \ their Att'y in fact. Sam'l. Gilman. Wm. H.i Cruger. Thos. C:. Fields. The Illinois Central Rail Road, By W. H. OsBORN, PresH. ■'lie following adflition; - liie President of tlie Peoria C;^ v-'ijiiacvuica il. li. t . , Tiie Bonded Bcbt on a^V ibiks of ?l;e P. .^ '\ \l K. frou; Burlitigton to the Indianii l;;ij(/to lin- S p ■•■ ' ' ct, Mortgage Iicind^, Vv estCi:n iJiv;5< ju, (Interest prr ' Jec' nn- tinder a rur niug arrang6mer ;he Chicago aiid Burlingio); • ^oOO.OOO . p.. ....;., ;id, Mortgage- ;.....:. ^.T'OnoOO 8 ner (^ent. 1st, Morf^ag Exten- sion (first lifLy luues) , iSdOO.OuO U.I:, Mortgage sinking mnu Jo;.:'.:, (Eastern Bxteusian, Second Division) !fi^750,0{r.} It will be '.ing ttrrangement, wliic'li is'lierc-.viLa uu^icxeu, ci.ai tiie interest and sini:;;.:. on t<.>00;n'?""-' .;T the la.i--Vii\,!'of;t^ Bond?. \u;T(il.-'r;^d fVvn: . five hup . i -: ■ ■Road Co. Fiity TilOilStiiid JDoIiai'S, per iUiiiuai, bcuici .::- ^r,>T,;, ;.•;■•• :,^r.!: i 1: ]i.' r;j;;1 !>v i.^.,^ Company under said ruj^ ■^nfi'lently expected ry jpuav, ii'dt D»ui ! aiijoout to full} SeventV' , .. AKousand Dollai^> , .:.;ni!m, thereby =f. •,..•;- •• rl ■ ,. i-est avid sinkini^ fund npOii'tLe whole T60,0f Tbe balance of tlit'tonti ■ namij?tare means f . led for by s5Cripti0!^i' ■->■''■■ ''j H,-, ■ '■' ^''■t' :•:•■■ ■ I t'f^re bv-nds or- this d . :ftbefl; ^i. oonnectiono .^, - ^ v.. R. Compu; ;. t.i • ^.f Its Toad hat> ,.._MV co'ijo allxed fa/'f , s'-^e, n'v renson why it'? Bonds, being so ^+.^4*****'**^ Horliff^'^- fi. fi . ..>.,•(' ^^hrj_^-.J.t!^ 'Jmia^ "" %°A-^ ROAD -ty * fpieeVWifBni sij M \jU(jiajaT ^Chnf^t Hlk. Tro' ,p ."tj M ■ 1# k^i* )/V/0 '■'lie tblkwing additionai rlateijient of facts is siibmit- me President of tie Peoria ^| Oquaivaka R. R. Co. Tiie Bonded P-u'- f>n ?«>V ^iles of the P. d. 0. R. R. froii: Ruvlirigton tc • line is as follows ' 8 per cent. Ixi, .vi,::-^p^o i luds. Western Divislou, (Interest pr^ 'dcd fov ttrJer a rurniag arrangf" ,! 'hicago and Burllni:' •h) ' ■ ■ « • • $oij:j 00' ' 8 per cent. 2d, Mon^ . ^ ^ •' ^Yrstcrn Division, fsT^OOOt; 8 per cent. Ist, Mor^ag' cm £r:. sion (first \.\ilj iiiwti.) ...... '^ioUU.USjO 8 per cenl:: L^i. Mortgage sinkirig fund Bonds, ' :T ; a Exteusion, Scc<:.nd Division) $'750,000 It will be obe< irrangerr.ent, m copy o.' wliieli is'berevritn .i>i;je,vev-, vhni ciic :;i*erest and sinkiu;.' '" : ■ on .f'oOOjOOO •"'+' tbo la:r-riar-'f;(4 Bond?, numbered from . ftve liundred Ivo Illinois Centr- iLud Co. Filly XilCvi.iit.llt. DoJei'^, per annum, bei^i^. c;- -v-M'>--i;:v , vr '■:":], t:- bo pnvl bv tb-i" '^vv iiit ;:ndc'- ~nid r-jy- -■ '^'"^lOllsand. Doll^^^^. ro;- ;iy:nr;:o, tbr;rei>y securing tb' 'ud sinking !''■ ■ '' ■' ■ nds, exeb?- ;.R.Oom- •fi lance of ' iana^tate means f > 'br by becopDe a fixed fact, r Bonds, l^eirjg so .'