3 ' IOWA FALLS & SIOUX CITY RAILROAD CO. TO OAKES AMES and JOHN I. BLAIR. DEED OF TRUST, MAY 1, 1869. Mortgage Deed, made the first day of May, in the year of our Lord one thousand eight hundred and sixty- nine, between the Iowa Falls & Sioux City Railroad Company, of the State of Iowa, a corporation created under and by virtue of the laws of the State of Iowa, parties of the first part, and Cakes Ames, of North Easton, Massachusetts, and John I. Blair, of Blairstown, New Jersey, parties of the second part. Whereas, the said parties of the first part, for the purpose of raising money, as authorized by the act of incorporation, entitled, Act, title 11, chapter 55, article 6, of the Code of laws of the State of Iowa," and to be appropriated to the objects in the said Act particularly designated, have made and executed under their corporate seal their certain three thousand two hundred and fifty bonds, all bearing date the first day of May, in the year of our Lord one thousand eight hundred and sixty nine, payable to the said Cakes Ames, and John I. Blair, or 2 bearer, two thousand seven hundred and fifty of which, from number one to number two thousand seven hundred and fifty inclusive, are for the sum of one thousand dollars each, and five hundred of which, from number one to number five hundred inclusive, are for the sum of five hundred dollars each, the principal of all of which said bonds in the aggregate, amounting to the sum of three » millions of dollars, is payable at the National Park Bank, or at the agency of the Company, in the city of New York, on the first day of October, in the year of our Lord one thousand nine hundred and seventeen, with interest thereon at the rate of seven per centum per annum, payable at the National Park Bank, or at the agency of the Company aforesaid, semi-annually, on the first days of April and October in each year, upon the presentation and surrender of the coupons or interest warrants attached to said bonds, as the said (coupons or interest warrants respectively fall due, until the principal sum secured thereby be paid. And Whereas, the said ; parties of the first part intend to issue the said bonds, or so many of them, from time-to time, as it may be necessary for them to issue, not to exceed sixteen thousand dollars per mile, to finish and complete the said Railroad, beginning at Iowa Falls, in the State of Iowa, and running through the counties of Hardin, Hamilton, Webster, Calhoun, Pocahontas, Buena Vista, Cherokee, Plymouth and Woodbury to Sioux City, in the county of Woodbury, a distance of one hundred and eighty-eight miles, or thereabouts, and with a view * of enabling them to negotiate said bonds and to secure the repayment of the moneys which shall be raised thereby, 3 the said parties of the first part have determined in pur¬ suance of the authority of said Act and by virtue of any other power to mortgage the said Eailroad, lands for track, depots, privileges, franchises, and appurtenances. Now, THEREFORE, THIS INDENTURE WITNESSETH, That the said parties of the first part, for and in consideration of the premises and for the better securing to the persons who shall become holders of the said bonds, their due and proper payment, according to the tenor thereof, and in consideration of one dollar by the said parties of the second part in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowl¬ edged, have granted, bargained, sold, conveyed, assigned, transferred and set over, and by these presents do grant, bargain, sell, convey, assign, transfer and set over unto the parties of the second part and to their successors and assigns forever, the Eailroad of the first part now con¬ structed and to be constructed from the western terminus of the Dubuque and Sioux City Eailroad, at Iowa Falls, in the county of Hardin, and State of Iowa, through the counties of Hardin, Hamilton, Webster, Calhoun, Poca¬ hontas, Buena Vista, Cherokee, Plymouth and Woodbury to Sioux City, in the county of Woodbury, a distance of one hundred and eighty-eight miles, or thereabouts, together with all and singular the railroads, railways, rails, turn-outs and side-tracks, bridges, fences, fixtures, buildings, lands, for tracks, depots, tenements, appendages and appurtenances owned or hereafter to be acquired as aforesaid by said parties of the first part ; also, all railway depots, or stations, with the buildings and fixtures thereon erected or to be erected, and all the chartered rights. 4 franchises and privileges of the said party of the first part, and all the estate, right, title and interest, property, claim, and demand, as v^ell at law as in equity, of the said parties of the first part to the ss^^me and to every part and parcel thereof. To HAVE AND TO HOLD all and singular the said prem¬ ises to the said parties of the second part, and to the survivor of them as joint tenants, and not as tenants in common, and to their successors and assigns forever. In trust for the person or persons, bodies politic or corporate, who shall become holders of said bonds about to be issued by said parties of the first part, or any of them, equally pro rata to the amount of said bonds so held by them, and without preference or priority of one over the other, subject to the terms and stipulations of said bonds, and subject to the possession, control and management of the said parties of the first part, so long as the said parties of the first part shall perform all and singular the stipulations of the bonds aforesaid, and the covenants of this Indenture of Mortgage. And the said parties of the first part do hereby covenant and agree to make, execute and deliver all such further assurances, instruments and conveyances as shall from time to time be necessary, and as the said parties of the second part, or their counsel learned in the law, shall reasonably advise or require for the better carrying into effect, the purposes of these presents and of making the lien hereby created more effectual, and to embrace the said Eailroad of the first part above described. Ô And it is also agreed that if the said, the Iowa Falls and Sioux City Railroad Company shall for the period of one year after any semi-annual payment of interest, shall be due and payable, fail to pay the said coupons or interest warrants, then and in such case the whole amount of the said principal of the said bonds shall at once become due and payable, and the s^aid Trustees or the survivor of them and the successor or successors of such survivor, shall, upon the request in writing of any one or more holders in the aggregate holding, five hundred thousand dollars or upwards of said bonds, proceed forthwith to advertise and sell said Railroad, and other property covered by said Mortgage, according to the terms and conditions thereof and to apply the proceeds of such sale in accord¬ ance with the directions and provisions of the said Mortgage, to the payment and* satisfaction of the prin¬ cipal and interest of the said bonds. And also that the said parties of the second part, upon such default, as aforesaid, shall cause the said mortgaged premises, and every part thereof, with their appurtenances, and all benefit and equity of redemption of the parties of the first part therein, to be sold and disposed of under the decree of some Court of competent jurisdiction, or in such other manner as shall be allowed by law, and shall receive the proceeds of such sale, and shall apply the income and profits of the said Railroad above described, and mortgaged premises, and the money arising from such sale, in pay¬ ment of the interest which up to the time of such payment shall have accrued upon each and all of said bonds which shall have been issued by the said parties of the first part, and to the payment of the principal of said bonds, and 6 each of them^ and in case the proceeds of such sale shall not be sufficient to pay in full the principal and interest secured by said bonds, then the said parties of the second part shall apply such incomes, profits and proceeds, so far as the same will go to the payment of the principal money secured by the said bonds, and the interest which shall have accrued thereon, pro rata, and in equal proportions, and without any preference or priority of one bond over another, and without any distinction between or among said bonds. And it is further understood and agreed that this con¬ veyance is upon the express condition and limitation that if the said parties of the first part, their successors or assigns, shall and do well and truly pay or cause to be paid, unto the person or persons, bodies politic or corporate who shall become the holders of the bonds to be issued, as aforesaid, the several and respective sums for payment whereof the said bonds shall be issued, at the time the same are made payable, together with all interest due thereon, according to the tenor thereof, without any deduction, defalcation or abatement to be made of any part thereof for or in any respect of any charges or assess¬ ments whatsoever, then and from thenceforth as well this present Indenture, and the estate hereby granted, as the said bonds shall become void and of no effect, anything herein contained to the contrary notwithstanding. The length of this road does not exceed one hundred and eighty-six miles. % Bonds will be issued for actual length. 7 In Witness Whereof, the parties of the first part have caused their corporate seal to be hereunto affixed, and these presents to be attested by their President and Secretary, at Dubuque, in the State of Iowa, on the first day of May, in the year of our Lord, one thousand eight hundred and sixty-nine. JOHN I. BLAIR, President. [Seal.] i4-$200, 3-$50, 1-$10 = $2,960. JOSEPH HEROD, Secty. U. S. R. Stamps. J. I. Blair, President. May 1, 1869. Iowa Falls & Sioux City R. R. Co* STATE OP IOWA, ) >• ss. Dubuque County. ) Be it remembered, that on this tenth day of June, A. D. 1869, before me, Frank M. Robinson, a Notary Public of the State of Iowa, in and for the County of Dubuque in the state of Iowa, personally appeared John I. Blair, President, and Joseph Herod, Secretary, both of the Iowa Falls and Sioux City Railroad Company described in the foregoing Mortgage, both of whom are personally known to me to be the identical persons whose names are affixed to the foregoing Mortgage as the makers thereof, they being also known to me to be the President and Secretary of the said the Iowa Falls and Sioux City Railroad Company as described above, and acknowledged the said Mortgage and the execution thereof to be their voluntary act and deed as such officers in behalf of said Railroad Company, and the voluntary act and deed of the Iowa Falls and Sioux City Railroad Company by them as such 8 officers thereunto duly authorized voluntarily done and executed for the uses and purposes in the said Mortgage mentioned. In testimony whereof, I have hereunto set my hand and affixed my Notarial Seal at my office, in the City of Dubuque, in the County of Dubuque and State of Iowa aforesaid, the day and year hereinabove written. Recorded in Cherokee County, September 21, 1869, E. Kingsbury, Recorder. [seal. J FRANK M. ROBINSON, Notary Public of Iowa, in and for Dubuque County. Plymouth Woodbury Hamilton Webster 22, 1869, J. H. Mort, 24, 1869, B. J. B. Marion, October 6, 1869, Samuel Baxter, Pocahontas ' Calhoun ' Buena Vista ' 13, 1869, David H. Taylor, 20, 1869, Thos. L. Macney, 23, 1869, J. W. Hollenbeck, 27, 1869, S. S. Waldo, This book is a preservation facsimile produced for the Northwestern University Library. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper) Preservation facsimile printing and binding by Acme Bookbinding Charlestown, Massachusetts 2012