Cn-Liu^ MU . THE Missouri Pacific Railway Company. Consolidated First Mortgage Bond John F. Dillon, trustee. total issue, - $30,000,000. Dated, November 1st, 1880. H. B. Whelpley, Printer, 45 Broad Street, N. Y. The Missouri Pacific Railway Company. CONSOLIDATED FIRST MORTGAGE. TOTAL ISSUE, $30,000,000. made and entered into this the first day of November, A. D. eighteen hundred and eighty (1880), by and between THE MISSOURI PACIFIC RAILWAY COMPANY, a corporation duly created and organized under the laws of the States of Missouri and Kansas, and hereinafter referred to as the said Railway Company, or the said party of the first part, and John F. Dillon, of the City and State of New York, and hereinafter referred to as said Trustee or the said party of the second part. Witnesseth : That, Whereas, the said Railway Company, under and by virtue of the laws of the said States of Missouri and Kansas, has become the owner of, and no.w has in its possession and under its control lines of railways and telegraph, con¬ structed and to be constructed, as hereinafter fully set forth and described: And Whereas, the several railways of the said party of the first part are subject to the liens of the several statutes, mortgages, or deeds of trust, which have at different times been made and charged as liens thereon, which at said times belonged respectively to different railway companies, by which the said mortgages, or deeds of trust were respectively made, each and all of which are hereinafter fully described; . And Whereas, the aggregate amount of the indebtedness of said several railway companies now outstanding and secured as above stated, approximates the sum of Twenty Millions One Hundred and Eighty-four Thousand ($20,184,000) Dollars; And Whereas, said Railway Company will require large sums of money for the completion, finishing, equipment and repairs of its said railways, and for making additions and extensions thereto, and for constructing, acquiring by purchase or otherwise other lines of railways to complete its railway system, and for making and constructing bridges, tunnels and connections therewith, and for other betterments, replacements and permanent improvements, and for other legitimate purposes; And Whereas, the said party of the firsts part also contemplates the extension of several of its said parts or sections of railways, and to acquire by purchase, lease, consolidation, construction and otherwise other lines of railways to complete its said railway system, for which other large sums of money will be required; And Whereas, the aforesaid several obligations which are specific liens on parts or sections of said railways of this Company, which were created by statutes, mort¬ gages or deeds of trust as aforesaid, are in forms and amounts as hereinafter fully set forth and described; 2 And Whereas, said Railway Company, the said party of the first part, desires to consolidate, and to provide for the retirement, exchange and payment of all the said debts or obligations which are specific liens as aforesaid, and also to provide the means necessary to make the repairs, replacements and improvements aforesaid, and to construct, finish, complete, equip and operate the said extensions, additions, rail¬ ways and branches and to construct and acquire other lines of railways, and for the purposes herein stated, by issuing one series of bonds to be secured by this indenture, to be known as the "Consolidated First Mortgage Bonds," to the amount of Thirty Millions ($30,000,000) of Dollars, which said bonds are to be issued, certified and delivered, from time to time, in amounts as required for the purposes herein specified, and only in the manner and upon the terms herein provided; And Whereas, at a meeting of the Board of Directors of the said Railway Com¬ pany, the said party of the first part, duly held, the following resolution was unani¬ mously adopted : " Resolved, That as a means of providing for the retiring, consolidating, exchanging and paying the various obligations which are specific liens upon parts or sections of the railways of this Com- 4 4 pany, by virtue of statutes and of the mortgages or deeds of trust made by corporations formerly "owning such parts or sections respectively, amounting in the aggregate to about Twenty Millions 44 One Hundred and Eighty-four Thousand ($20,184,000) Dollars, and also to provide the necessary means for the extension and completion of the several parts or sections of the railways of this Com- " pany, and for the constructing, finishing, completing, repairing, equipping and operating the same, " and also for the purpose of acquiring other lines of railway by purchase, lease, consolidation, con¬ struction or otherwise, which may be deemed necessary to complete the railway system of this Com¬ pany, and for the purpose of completing, finishing, repairing, improving, equipping and operating the railways of the Company, as now existing and as maybe hereafter extended, constructed and acquired, and generally to improve the condition of the Company's property, to procure rights of Away, depot grounds, machine shops, equipment and all the usual or necessary appurtenances and facilities of a railway ; that this Company do issue its bonds to the amount of Thirty Million " ($3°>0°o>ooo) Dollars all of which are to be executed and placed in the hands of a Trustee for the " following purposes, to wit : 44 First. Twenty Thousand One Hundred and Eight-four (20,184) of said bonds for the purpose of 44 being exchanged for, or to provide the means for the payment and cancellation of, the said sum of 44 Twenty Millions One Hundred and Eighty-four Thousand ($20,184,000) Dollars of debts or obliga¬ tions which are specific liens upon the parts or sections of the railways of this Company aforesaid, by 44 virtue of the said statutes and of the several mortgages or deeds of trust made by corporations form- 44 erly owning such parts or sections, respectively, as aforesaid ; 44 Second. The remainder of said bonds to be so placed for the other several purposes herein 44 stated ; all of which bonds to be known as the 1 Consolidated First Mortgage Bonds ' of this Com- " pany ; and that the President and Secretary of this Company be, and they are hereby authorized and ' 4 directed to make and execute a mortgage, or deed of trust, in five or more duplicate originals upon 44 all the railways, real estate, corporate franchises and other property of every and all kinds and char- 44 acter now owned or that may hereafter be acquired by this Company (unless where it is otherwise 44 provided by the terms of such future acquisition), to include all lines of railways, side tracks, branch- 44 es, additions and extensions, with all appurtenances, now constructed, or that may be hereafter con- 44 structed or acquired as aforesaid, and also all telegraph lines, property and franchises of this Com- 44 pany now constructed, or to be hereafter constructed, as aforesaid, together with all the appurtenan- 4 4 ces of every kind and character whatsoever, and the incomes, rents, issues and profits thereof. And 44 that the President of this Company be, and he is, hereby authorized and empowered to select a 44 Trustee, in the mortgage or deed of trust to be executed as aforesaid. Said bonds to be for such 44 amounts, in such form, to be dated, to have such time to run, to bear such rate of interest (not to 4 4 exceed six per cent, per annum), and both principal and interest thereof to be payable at such times 44 and places as may be determined by the President of this Company." 3 And Whereas, In pursuance of said resolution and authority and in pursuance of the authority vested in it by the Articles of Agreement and Consolidation by which said Railway Company was created and formed, and as authorized by law to do, this Company, the said party of the first part, has determined to issue its said bonds, to be payable, principal and interest, in gold coin of the United States of America, of or equivalent to the present standard value, each of said bonds to be of the denomination of one thousand dollars, to become due and payable forty years from its date, to bear interest at six per cent, per annum, payable semi-annually on the first days of May and November in each year, to be equally and ratably secured hereby without any preference whatever arising from time of issue or otherwise, and to be issued, certified and delivered as may be required for the purposes aforesaid, and in the manner, and on the conditions as herein provided, and each of the said bonds to be duly executed by and under the seal of this Company, the said party of the first part, by its Presi¬ dent, attested by its Secretary, and to have coupons or interest warrants attached thereto authenticated by the engraved signature of the Treasurer, and upon each of said bonds being so signed, sealed, executed and authenticated, it is to be certified by the Trustee, the said party of the second part, as provided herein, which Certificate shall be conclusive, and the only sufficient proof that the said bond is secured by this mortgage or deed of trust, each of which bonds and interest coupons is to be substantially in the following form, to wit : [Copy of Bond.] UNITED STATES OF AMERICA, THE MISSOURI PACIFIC RAILWAY COMPANY. Consolidated First Mortgage Bond. Whole issue, $30,000,000.00. No. Forty years after date, for value received, The Missouri Pacific Railway Company, a consoli¬ dated corporation of the States of Missouri and Kansas, 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 Si~x.per centum per annum, payable semi-annually in like gold coin, on the first days of May and November 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 Thirty Thousand bonds, each of the denomination of One Thousand Dollars, numbered from One to Thirty Thousand inclusive, the payment of the principal and interest of which is secured by an indenture of mortgage or deed of trust, of even date herewith, conveying to John F. Dillon in trust for the holders of said bonds, the entire railways, rolling stock, equipment, franchises, lease-holds, property and income of said Company. 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 become due and payable in the manner provided in the said mortgage or deed or trust. The said Company and all of its property is liable to pay this bond, but stockholders of the Company are not individually liable thereon or in respect thereto. Said Company hereby waives the benefit of any extension, stay or appraisement laws now existing, or that may hereafter exist. This bond is to be valid only when authenticated by a certificate endorsed thereon, signed by the aforesaid Trustee to the effect that it is one of Thirty Thousand bonds of One Thousand Dollars each, secured by the said mortgage or deed of trust. 4 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, and the annexed interest coupons to be executed with the engraved signature of its Treasurer. Dated St. Louis, November 1st, 1880. THE MISSOURI PACIFIC RAILWAY COMPANY. By , President. Attest : _ . Secretary. [Copy of Coupon.] No. $30.00. The Missouri Pacific Railway Company will pay the bearer, at its Financial Agency in the City of New York, Thirty Dollars in United States gold coin, on the day of 188-, being six months' interest then due on its Consolidated First Mortgage Bond No. __ , Treasurer. [Copy of Registration Clause.] This bond shall pass by delivery or by transfer on the books of the said Company in the City of New York ; after registration of ownership certified hereon by the transfer agent of said Company, no further transfer except 011 the books of the Company shall be valid, unless transferred to bearer on said books, after which this bond shall pass by delivery as at first, but shall continue subject to regis¬ tration and transfer to bearer successively at the option of each holder. Each of said bonds bears indorsed thereon the following certificate, to-wit : It is hereby certified that the within bond is one of thirty thousand bonds, and no more, of One Thousand Dollars each, secured by the said mortgage or deed of trust within mentioned. , ., Trustee. 5 NOW, THEREFORE, THIS INDENTURE FURTHER WITNESSETH : That the said party of the first port, for and in consideration of the premises, and the further consideration of one dollar, to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, and for the purpose of securing the principal and interest of said bonds, and each of them, has granted, bargained, sold, conveyed, and confirmed\ and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, as trustee and in trust, and to his suc¬ cessor or successors in said trust, all the estate, right, title, interest, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, in and to all and singular, the property, rights, franchises, entire line of railways and appurtenances, of said party of the first part, described substantially as follows, to wit : 1. All that part or portion of its entire line of railways, formerly known as the Missouri Pacific Railway, with all its appurtenances, commencing at the Mississippi River in the city of St. Louis, and thence extending westwardly a distance of about two hundred and eighty-four (284) miles, through the city of St. Louis, the Counties of St. Louis, Franklin, Gasconade, Osage, Cole, Moniteau, Morgan, Cooper, Pettis, Johnson, Cass and Jackson, to a point on the State line between the States of Missouri and Kansas, in Kansas City, in the said County of Jackson; also the branch line thereof, known as the " Carondelet Branch," commencing at a point on the main line at the town of Kirkwood, in the County of St. Louis, extending thence in an eastwardly direction through the County and City of St. Louis, all in the State of Missouri, a distance of about eleven and three-quarter (1 iff) miles to the Mississippi River in Carondelet or South St. Louis, making in all about two hundred and ninety- six (296) miles constructed and in operation. 2. All that part or portion of its entire line of railways, formerly known as the St. Louis and Lexington Railroad, with all its appurtenances, commencing at a point on, and connecting with, said first-mentioned part or portion of said railways, form¬ erly known as the Missouri Pacific Railway, at or near the city of Sedalia, in the County of Pettis, State of Missouri, thence extending in a northwesterly direction through the Counties of Pettis, Saline and Lafayette, in said State, to the city of Lexington, in saidXounty of Lafayette, a distance of about fifty-five (55) miles, con¬ structed and in operation. 3. All that part or portion of its entire line of railways, formerly known as the Kansas City and Eastern Railway, commencing at the city of Lexington, in the County of Lafayette, State of Missouri, connecting, or to connect, with said last-men¬ tioned part or portion of said railways, formerly known as the St. Louis and Lexing¬ ton Railroad, extending thence westerly through the Counties of Lafayette and Jack¬ son, in said State, to Kansas City, in said County of Jackson, a distance of about forty-three (43) miles, constructed and in operation, and connecting there with the said first-mentioned part or portion of said railways, formerly known as the Missouri Pacific Railway; also the extension thereof hereafter to be constructed from said city of Lexington through the Counties of Lafayette and Cooper, in said State of Missouri, to the city of Boonville, in said County of Cooper, a distance of about eighty (80) miles. 4. All that part or portion of its entire line of railways, formerly known as the Lexington and Southern Railway, with all its appurtenances, now being constructed, 6 commencing at a point on, and connected with said first-mentioned part or portion of said railways, formerly known as the Missouri Pacific Railway, at, or near, the city of Pleasant Hill, in Cass County, State of Missouri, thence extending and to be ex¬ tended in a southerly direction, through the Counties of Cass, Bates, Vernon, Barton, Jasper, Newton and McDonald, to the boundary line of said State, in the said County of McDonald, a distance of about two hundred (200) miles, constructed and to be constructed—only about seventy miles of which are now constructed and in oper¬ ation; also an extension or addition thereto, with all its appurtenances, chartered to commence at the city of Pleasant Hill, and to connect with said first-mentioned part or portion of said railways, formerly known as the Missouri Pacific Railway, to be extended in the same general direction therewith, through said County of Cass, to a point on the State line between the States of Missouri and Kansas, where it is to con¬ nect with that part or portion of said entire line of railways, hereinafter described, formerly known as the St. Louis, Kansas and Arizona Railway. 5. All that part or portion of its entire line of railways and telegraph line, with all their appurtenances, now constructed and to be constructed, formerly known as the St. Louis, Kansas and Arizona Railway~and telegraph line, consisting, of two divisions, described substantially as follows, to wit : The first division commencing at or near a point in the County of Miami, in the State of Kansas, where the eastern boundary line of said State of Kansas is intersected by the Missouri, Kansas and Texas Railway, connecting, or to connect, with said last-mentioned part or portion of said railways, formerly known as the Lexington and Southern Railway;* thence extending and to be extended in a southwestward direc¬ tion through the Counties of Miami, Franklin, Anderson, Coffee, Woodson, Wilson, Elk, Cowley, Sumner, Harper, Barber, Càmanche, Clark, Meade, Seward, Stevens and Kansas, all in the State of Kansas, to a point in said County of Kansas, at or near the western boundary line of the State of Kansas, being of the estimated length, now con¬ structed and to be constructed, of four hundred and thirty (430) miles. The second division, commencing at or near a point in the said County of Miami, in the said State of Kansas, where the eastern boundary line of the State of Kansas is intersected by the Missouri, Kansas and Texas Railway, connecting, or to connect, with said part or portion of said railways, formerly known as the Lexington and Southern Railway; thence extending, and to be extended, westwardly, through the Counties of Miami, Franklin, Douglass, Osage and Shawnee, all in the State of Kansas, to the city of Topeka, in said County of Shawnee, being of the estimated length, constructed and to be constructed, of one hundred (100) miles—only about eight miles in all, including part of both divisions, are now constructed and in opera¬ tion. 6. All that part or portion of its entire line of railways, formerly known as the Kansas City, Leavenworth and Atchison Railway, with all its appurtenances, com¬ mencing at the State line between the States of Missouri and Kansas, at or near Kan¬ sas City, connecting with said first-mentioned part or portion of said railways, formerly known as the Missouri Pacific Railway ; thence extending in a northwestwardly direction through the Counties of Wyandott, Leavenworth and Atchison, in the State of Kansas, to the city of Atchison, a distance of. about forty-seven and one-half (47H) miles, constructed and in operation ; together with and specially including, all the appurtenances of every description of the said entire line of railways, and of each 7 4 and all of the said parts or sections thereof, including rights of way, station houses, depots, machine shops, machinery, tools, implements, road-bed, superstructure, ties, bridges, culverts, fences, water-tanks, turn-tables, switches, side-tracks, spurs, branches, extensions, additions, iron, fuel, all material used in construction, locomotives, tend¬ ers, cars, and other rolling stock and equipment, privileges, immunities, rights, fran¬ chises, land, real estate, property, revenues, tolls, income, rents and profits, now owned, or that may be hereafter acquired (subject, however, to the limitations and conditions upon which such future acquisitions are obtained) by said party of the first part, or that may be now, or hereafter, in any manner, connected with, or per¬ taining to, its said entire line of railways, or either of the said parts or portions thereof. To Have and to Hold, the above described railways, premises, property, in¬ come, rights, franchises and appurtenances, as aforesaid, unto the said party of the second part and his successor, or successors, forever, to the only proper use, benefit, and behoof, of the said party of the second part, his successor, or successors. In trust nevertheless, for the equal pro rata benefit and security of all and every the persons or corporations who may be, or may become holders of any of the above- mentioned bonds, without any preference or priority of any one bond over another, or by reason of priority in time of issue or of negotiation thereof, or otherwise, and for the uses and purposes herein declared and expressed. The said Railway Company, the said party of the first part, hereby covenants and agrees to and with the said trustee, the said party of the second part, for the benefit of the bondholders secured, hereby, that it will pay all lawful taxes and assessments upon said property hereby mortgaged, at any time legally levied and assessed thereon; that it will suffer no mechanic s, statutory or laborer s 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 insured its rolling stock, tools and machinery, its build¬ ings, bridges, and all other structures erected, or to be erected, on the aforesaid prem¬ ises, and all other property provided for use in connection with the said railways herein described, usually insured by railway companies, and in the same manner, and to the same extent ; and that it shall and will diligently preserve all the rights and franchises to it granted and upon it conferred, and shall and will, at all times, main¬ tain, preserve and keep the same, and every part thereof, with the rolling stock, fix¬ tures and appurtenances, and every part and parcel thereof, in good repair, working order and condition, and supplied with all necessary motive power, rolling stock and equipment, and shall and will, from time to time, make all needful and proper repairs, renewals and replacements, useful and proper alterations, additions, betterments and improvements. And the said Railway Company further covenants, that it will not issue, nego¬ tiate, sell, or otherwise dispose of the consolidated bonds to be issued hereunder, in any manner inconsistent with the provisions of these presents and its covenants and agree¬ ments in that behalf herein contained, and that it apply the proceeds thereof exclu¬ sively for the purposes herein recited. And for the purpose of securing to the holders of any of the said thirty thousand bonds to be issued hereunder, that none of said bonds shall be issued except as here- 8 in provided, it is hereby stipulated and agreed by the said Railroad Company, the said party of the first part, that the said trustee herein, or his successor or successors in said trust, shall certify and deliver said bonds only as follows : That is' to say, said bonds to an amount not exceeding Twenty Millions One Hundred and Eighty-four Thousand ($20,184,000) Dollars, shall be retained by said trustee, to be . certified and delivered in such sums as may, from time to time, be required, at par value, to such persons as may present, for exchange, at par value, the bonds, obligations, or claims aforesaid, secured by any of the following prior liens upon parts or sections of the railways of the said party of the first part, or for the purpose of selling said bonds to raise the money to pay off and cancel the said bonds, obligations and claims, or any part thereof, to wit : The First Mortgage Bonds, of the Pacific Railroad (of Missouri ), dated August 1, 1868, and due August 1, 1888, with interest at six per cent, per annum, payable semi-annually on the first days of August and February, in each year, in gold, amount¬ ing to seven millions ($7,000,000) dollars, secured by a first mortgage on that part of the railways of the said party of the first part, extending from the city of St. Louis, in Missouri, to the western boundary line of said State at Kansas City, the same being about two hundred and eighty-four miles in length, and being that portion of said railways formerly known as the Missouri Pacific Railway, all of which bonds are now outstanding. The Second Mortgage Bonds of the said Pacific Railroad (of Missouri ), dated July 1, 1871, and due July 1, 1891, with interest at seven per cent, per annum, pay¬ able semi-annually, on the first days of January and July, in each year, amounting to two million five hundred and seventy-three, thousand ($2,573,000) dollars, now out¬ standing, secured by a second mortgage on the same property included in the afore¬ said first mortgage. The First Mortgage Bonds of the said Pacific Railroad (of Missouri ), dated May 1, 1872, and due May 1, 1892, with interest at eight per cent, per annum, pay¬ able semi-annually, on the first days of May and November, in each year, secured by a first mortgage on certain real estate, situated in the city of St. Louis, Missouri, amounting to eight hundred thousand ($800,000) dollars, all of which are still out¬ standing. The First Mortgage Bonds of the said Pacific Railroad (of Missouri ), dated October 1, A. D. 1873, and due October 1, A. D. 1893, in gold, with interest at six per cent, per annum, payable semi-annually, on the first days of April and October, in each year, amounting to about two hundred and fifty thousand ($250,000) dollars, now outstanding and secured by a first mortgage on the Carondelet Branch of the main line of railway of the said party of the first part, being about eleven and three- fourth miles in length. The mortgage bonds of the Missouri Pacific Raihvay Company (known as third mortgage bonds), dated November 1, 1876, and due November 1, 1906, with interest at seven per cent, per annum, payable semi-annually, on the first days of May and November, in each year, amounting to fourmillions five hundred thousand ($4,500,000) dollars, secured by a third mortgage on all the railways and property formerly owned by the Pacific Railroad (of Missouri) and included in all the aforesaid mortgages, all of which bonds are now outstanding. 9 The First Mortgage Bonds of the St Louis, Kansas and Arizona Railway Company, dated January i, 1880, and due January 1, 1910, with interest at seven per cent, per annum, payable semi-annually, on the first days of January and July, in each year, amounting to about one million two hundred thousand ($1,200,000) dollars, all of which are now outstanding, secured by a first mortgage on both divisions of that part of the railways of the said party of the first part, formerly known as the St. Louis, Kansas and Arizona Railway, now constructed and in operation, and hereafter to be constructed, the parts thereof now constructed being about eighty miles in length ; the part of the first division thereof, now constructed, extending from, at, or near Paola, in the State of Kansas, to the town of Leroy, said State, and the part of the second division thereof, now constructed, extending from the town of Osawatomie to Ottawa, in said State. The First Mortgage Bonds of the Missouri River Railroad Company, dated Jan¬ uary 1, 1866, and due July* 1, 1886, with interest at seven per cent, per annum, pay¬ able semi-annually, on the first days of January and July, in each year, amounting to four hundred*and nine thousand ($409,000) dollars, secured by a first mortgage on what was formerly known as the Missouri River Railroad, extending from Kansas City, Missouri, to Leavenworth, Kansas, the same being about twenty-six miles in length, constructed and in operation, all of which bonds are now outstanding. The First Mortgage Bonds of the Leavenworth, Atchison and Northwestern Rail- road Company, dated October 1, 1869, and due October 1, 1889,with interest at seven per cent, per annum, payable semi-annually, on the first days of April and October, in each year, amounting to four hundred and seventy-nine thousand ($479,000) dol¬ lars, secured by a first mortgage on what was formerly known as the Leavenworth, Atchison and Northwestern Railroad, extending from the city of Leavenworth to the city of Atchison, in the State of Kansas, the same being about twenty-two miles in length, constructed and in operation, all of which said bonds are now outstanding. The First Mortgage Bonds of the Wyandotte, Kansas City and Northwestern Rail¬ way Company, dated January 2, 1874, and due January 2, 1894, with interest at seven per cent, per annum, payable semi-annually, on the first days of January and July, in each year, amounting to three hundred and forty-eight thousand ($348,000) dollars, secured by a first mortgage on what was formerly known as the Wyandotte, Kansas City and Northwestern Railway, and afterwards as the Kansas City and Eastern Railway (narrow-gauge), extending from the city of Lexington to Kansas City, in the State of Missouri, the same being about forty-three miles in length, constructed and in operation, all of which bonds are now outstanding. « The First Mortgage Bonds of the Lexington and Southern Railway Company, dated July 1, 1880, and due July 1, 1910, with interest at seven per cent, per annum, payable semi-annually, on the first days of January and July, in each year, amount¬ ing to one million and fifty thousand ($1,050,000) dollars, secured by a first mortgage on that part of said railway, now constructed and hereafter to be constructed, the part thereof now constructed being about seventy miles in length and extending from the city of Pleasant Hill in a southern direction, said distance, all of which bonds are now outstanding. The First Mortgage Bonds of the Missouri Pacific Railway Company, the said party of the first part herein, dated October 1, 1880, and due August 1, 1920, with in¬ terest at five per cent, per annum, payable semi-annually, on the first days of February 10 and August, in each year, amounting to six hundred and fifty thousand ($650,000) dollars, secured by a first mortgage on what was known as the St. Louis and Lexing¬ ton Railroad, extending from the city of Sedalia to the city of Lexington, in the State of Missouri, the same being about fifty-five miles in length, constructed and in opera¬ tion, all of which bonds are now outstanding. The claim which has been declared by the Courts a specific statutory lien prior and paramount to all other liens, on the earnings of that part of the railways of the said party of the first part, formerly known as the Pacific Railroad, extending from the city of St. Louis to Kansas City, in the State of Missouri, a distance of about two hun¬ dred and eighty-four miles, bearing interest at seven per cent, per annum, payable monthly, and which, with the back interest thereon, now amounts to about the sum of nine hundred and twenty-five thousand ($925,000) dollars, for no part of which any bonds were ever issued, all of which is now outstanding and unpaid. The remainder of said bonds, nine million eight hundred and sixteen thousand ($9,816,000) dollars in amount, shall be certified and delivered to said first party in such sums, from time to time, as may be required to reimburse or meet the expendi¬ tures of the said party of the first part, for equipment, repairs, replacements, better¬ ments, and for other permanent improvements ; and, also, for the construction, finishing, completing, repairing and equipping any of the said unfinished parts of its said.railways, and for the purchase, construction, or acquisition otherwise, of such other additional railways, bridges and connections, additions and extensions and equipments therefor, as may, in the judgment of the said party of the first part be re¬ quired for the proper extension and completion of its said railway system or for other legitimate purposes. But in no case shall any of the bonds be certified by said second party or his successor, in said trust, except upon written application of the party of the first part, expressed through a resolution of its Board of Directors or Executive Committee adopted at a regular meeting or special meeting called for that purpose, wherein it shall be stated what amount of bonds are required at that time, and for what pur¬ poses ; which resolution shall be the authority and sufficient authority to the Trustees to certify to the extent so required any of the said nine millions eight hundred and sixteen thousand ($9,816,000) dollars of the said bonds. The other twenty millions one hundred and eighty-four thousand ($20,184,000) dollars of said bonds hereinbe¬ fore mentioned, are only to be used and certified by the said Trustee for the purpose of exchanging them for, or of paying off and cancelling the prior bonds, obligations and claims agains| the property of the said party of the first part, as hereinbefore specified and agreed. . And the said Railway Company, further covenants, that it will, at all times here¬ after, as long as any of the bonds to be issued hereunder shall remain outstanding, keep an agency in the city of New York, and that it will pay the principal and interest of the said bonds at the times and in the manner therein provided, and generally to do and; perform all acts and things, promises and covenants in this indenture, on its part to be done and performed. And, it is hereby agreed and declared, that the aforesaid described premises, property, rights, interests and franchises hereby conveyed or mortgaged, are to be held by said trustee and his successor or successors, upon and for the trusts, uses and purposes following to wit : 11 Article First.—This Indenture is upon the express condition, that if the said Rail¬ way Company, the said party of the first part, shall well and truly pay, or cause to be paid, to the holder or holders of said bonds, the principal sums of money therein men¬ tioned, according to the true intent and meaning thereof, with the interest thereon, according to the terms amd conditions thereof and of the interest coupons-thereto at¬ tached, then and in that case, the lien or incumbrance hereby created for the security and payment thereof, and all the estate, right, title and interest of the said party of the second part in the property aforesaid, shall cease and determine, and at the request of the said party of the first part, or its assigns, this mortgage or deed of trust shall be satisfied and discharged, and a release and satisfaction thereof shall be entered of record in each and all of the several counties in which this indenture shall have been recorded, at the cost of the said party of the first part. Article Second.—Until default shall be made by the said party of the first part in the payment of taxes and assessments upon the property herein mortgaged, or some part thereof, after ninety days' notice, in writing, by the said party of the second part to the said party of the first part, requiring the payment thereof, and until default shall be made in the payments of principal or interest, or some part of either principal or interest, as herein provided, or until default shall be made in respect to something herein required to be done, performed, or kept by the said party of the first part, it, the said party of the first part shall possess, control, manage, operate, use, and enjoy the said railways, rolling stock, equipments, franchises, real estate and other property, and shall receive, take and use the rents, incomes, profits and tolls thereof for its own uses and purposes, as if this indenture had not been made. But in case default shall be made in the payment of taxes and assessments, after demand, as aforesaid, or in case default shall be made in payment of any interest on any of the aforesaid bonds, issued under and secured by this instrument according to the tenor thereof, or of the coupons thereto attached, and if such default shall con¬ tinue for the period of six months after demand made for the payment of the same at the financial agency of the said party of the first part, aforesaid, in the city of New York"; or, in case of default of said company in carrying out properly any of the pro¬ visions and requirements of this obligation, it shall be lawful, unless such default be waived as hereinafter provided, for the said trustee, the said party of the second part, or his successor or successors in this trust, by himself, his attorneys, or agents, enter in and upon, and to take possession of all and singular the railways, premises and prop¬ erty, rights and interests, hereby conveyed and mortgaged, or intended so to be, and * each and every part thereof, and to exclude the said party of the first part and its agents wholly therefrom, and to hold and use the same, and to control, manage and operate, by his superintendents, managers, receivers, agents, servants, employés and attorneys, the said railways, and to manage and conduct the business thereof, and to make, from time to time, at the expense of the trust estate, all repairs and replace¬ ments, and such useful alterations, extensions, additions, and improvements thereto, as well in respect to the rolling stock and equipments, as to the said railways and appurtenances, and all other matters and things which will promote the interests of the parties hereto, as may seem to him, the said trustee, judicious and proper, and to collect and receive all tolls, freights, incomes, rents, issues, and profits of the same and every part thereof, and, after deducting the expenses of operating said railways and of conducting its business and paying all proper and legitimate debts and obliga- 12 tions, and for all repairs, replacements, alterations, extensions, additions and improve¬ ments, as aforesaid, and all taxes, assessments, and other proper charges upon the said property and premises, or any part thereof, as well as a just and reasonable com¬ pensation for his own services and the services of all agents, clerks, servants and other employes, properly engaged or employed, including reasonable attorneys' and solicit¬ ors' fees, then to apply the monies arising as aforesaid to the payment 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 persons holding the coupons therefor, and after paying all such interest which shall have become due, to apply the same to the payment of the principal of the aforesaid bonds which may, at that time, be due and unpaid, ratably, without discrimination or preference. And further, provided, that, the said party of the first part, at any time hereafter before the full payment of said bonds, whenever it, the said party of the first part shall deem it proper and expedient 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 his successor or successors in this trust, the possession, control and management of the said railways, premises and property, and the business 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 part 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 his successor, or successors in this trust, upon any such surrender and delivery, to enter into and upon the premises so surrendered and delivered, and to take and receive possession, control and management of said railways and property so surrendered, for such term or terms 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 whenever he would have been entitled thereto, if such voluntary surrender had not been made. And upon the voluntary surrender and delivery of the said premises or property, or any part thereof, as aforesaid, the said party of the second part, or his successor or successors in this trust, shall, during the time for which such possession and control shall be by him taken, and while the same shall remain in his 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 public as to the holders of said bonds, in¬ tended to be secured hereby, and of the said party of the first part, and in all respects in accordance with law and the provisions of this Article. Article Third.—In case default shall he made in the payment of taxes and assess¬ ments as aforesaid, or in case default shall be made in the payment of any interest upon 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 lawful, unless such default be waived as herein provided for, the said trustee, the said party of the second part, or his successor or successors in this trust, after entry as aforesaid, or other entry, or without entry, by his attorney or attorneys, agent or agents, to sell and dispose of all and singular the said railways and appurtenances, property 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 St. Louis, 33 in the State of Missouri, as he may designate, having first given public notice of the time, place, and terms of such sale by advertisement, 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 adjourn¬ ment, and, after so 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 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 appurtenances, property and premises, rights, interests and franchises, or any part thereof, so sold, by, from, through or under it. And after deducting from the pro¬ ceeds of such sale just allowances for all expenses of said sale, including attorney's and counsel fees, and all other expenses, advances and liabilities which may have been made or incurred by the said Trustee in operating said railways, or in maintaining the same, or in managing its business while in possession thereof, and all payments which may have been made by him for taxes and assessments and other proper charges upon the said railways and appurtenances, property and premises, rights, interests and fran¬ chises, or any part thereof, as well as reasonable compensation for his own services, then to apply the said proceeds to the payment of the principal of such of the afore¬ said bonds as may be at such time unpaid, whether the same shall have previously become due or not, and of the interest which shall, at that time, have accrued on the said principal and be unpaid, without discrimination or preference, but ratably, to the aggregate of said unpaid principal and accrued and unpaid interest added together, and after satisfaction of all said bonds secured hereby, with the interest thereon, to pay over the surplus of such proceeds, if any, to the said party of the first part, or to such party as may then be entitled to receive the same. This provision is cumulative to the ordinary remedy by foreclosure in the Courts, and the Trustee herein, or his successor, or successors in this trust, upon default being made as aforesaid, may at his discretion, and upon the written request of the holders of the majority in value of the said bonds then unpaid, shall (upon being properly in¬ demnified) institute proceedings to foreclose this mortgage or deed of trust, in such manner (by sale under the power herein given, or by 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. For the debt or bonds secured hereby the said Railway Company, the said party of the first part, is liable in personam, 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. Article Fourth.—In case default shall be made in the payment of taxes and assess¬ ments, as aforesaid, or 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 coupons provided, and if such default shall continue for the period of six months, after due demand made for payment, as aforesaid, or if default shall be made in any of the undertakings or obligations herein agreed to be performed or kept by the said party of the first part, then, in such case, the principal sum of all the said bonds secured 14 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, anything contained in the said bonds to the contrary notwithstanding. And a majority in interest of the holders of a?id bonds may, by writing under their hands and seals, executed at a of 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 im¬ mediately 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 hereby declared, that no such action of the Trustee or bondholders shall extend to, or be taken to affect, any subse¬ quent default, or to impair the rights resulting therefrom. But subsequent defaults on the payment of principal 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 hereby. Meetings of the holders of the said bonds hereby secured for the determination of, or action upon, any of the questions upon which, by any of the provisions hereof, the majority in interest of said bondholders may have the right to decide, may be called by the then Trustee, or in such other mode as may 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 authenticated by the signatures of all the persons assenting thereto, as well as by a record of the proceed¬ ings to be kept of any such meetings. But it is understood, and hereby expressly declared and agreed, that no act or resolution of any meeting of bondholders, or of the Trustee, nor any act or elec¬ tion of, or instrument executed by, a majority in interest of all said bonds, shall impair, 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 and does hereby covenant and agree to and with the said party of the second part, and his successor or suc¬ cessors in this trust, on behalf, and for the benefit of, the said bondholders intended to be secured hereby, that it will, from time to time, and at all times hereafter, upon reasonable request, make, do, execute, acknowledge and deliver all such further acts, deeds, conveyances and assurances for the better assuring unto the said Trustee and his successor or successors in the trust hereby created, upon the trusts and for the pur¬ poses herein expressed or intended, all and singular, the premises, property, railways, equipments and appurtenances, rights, franchises, interests and effects, hereby mort¬ gaged or conveyed in trust, or agreed, or purporting, or intended so to be, whether now owned or possessed by or vested in said party of the first part, or subsequently acquired by or vested in it, and all other property and things whatsoever which may be hereafter acquired in aid of, or by way of substitute to, or whatsoever use for the purposes of the same or any part thereof, and all franchises now held or hereafter acquired relating thereto, including the franchise to be a corporation, as may be deemed proper and expedient, subject, however, to the limitations and conditions herein provided as to after acquired property. 15 Article Sixth.—Said Railway Company, the said party of the first part, for itself and all other persons hereafter claiming, through or under it, and who may, at any time hereafter, 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- enforcement 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. Article Seventh.—Said Railway Company, the said party of the first part, for itself, its successors and assigns, and so as to bind all persons who may claim through or under it, as assigns, junior encumbrancers, 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, hypotheca¬ tions 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, property, 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 his 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. Article Eighth.—And it is further mutually agreed by and between the parties hereto, and is hereby declared to be a condition upon which the said party of the second part and his successor or sucessors in the trust hereby created, have assented to these presents and accepted this trust, that the said Trustee and his successors in this trust shall not in any manner be held responsible for persons employed by them, unless guilty of culpable negligence in the selection of such employees, nor shall the Trustee be answerable except for his own wilful default 'or the wilful misconduct of his employees, and in all cases the then Trustee, the party of the second part, shall be authorized to pay such reasonable compensation as he shall deem proper to all the attorneys, officers, agents, servants and employees, whom he may reasonably employ in the management of his trust ; and that the said Trustee, and his successor or succes¬ sors shall have and be entitled to just compensation for all services he may render in connection with the management of the trust hereby created, 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 and his successor or successors in this trust may be removed, 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 provided that a majority in value of the outstand¬ ing bondholders secured hereby may, upon their own motion, at any time, with or with- 16 out cause, by an instrument or instiuments in writing, under seal, signed by them to that effect, and without calling a meeting of the bondholders for that purpose, remove the said Trustee and any successor to the trust hereby created, and in writing under seal appoint one or more Trustees herein, whether the last Trustee shall have been appointed by a Court of competent jurisdiction or otherwise, anything herein to the contrary notwithstanding. In case of such removal and appointment 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 accompany the instru¬ ments of removal and appointment to the effect that the party signing such instru¬ ments is the owner or holder of the bonds for which he or she signs, and stating the serial number 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 case of the appointment, in any of the modes herein provided, 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 shall remain such successor Trustee. Article Ninth.—The said Trustee, the said party of the second part, hereby promises and agrees that in no case will he 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 and restrictions of this instrument. The said Trustee hereby agrees to cause this instrument to be recorded in all the Counties of Missouri and Kansas 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 mortgage or deed of trust, to buy in the mortgaged property at a price not exceeding the amount of the said First Consolidated Mortgage Bonds secured hereby, and to hold and possess the property so purchased, and to control, manage, use and bperate the same, and receive the incomes, rents, issues and profits thereof, upon the trusts, and subject to the covenants and conditions of this indenture. Article Eleventh.-—And in case of any foreclosure sale, or of any sale made under any of the provisions of this mortgage or deed of trust, the purchaser or purchasers thereat, shall be entitled in making settlement for, and payment of, the purchase 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 purchaser or pur¬ chasers, counting such bonds and interest coupons for such purpose, at a sum not exceeding that which shall be payable 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 pro¬ portion in that character of such net proceeds of sale, after allowing for the propor¬ tion of payment which may be required in cash for the costs and expenses of the sale, and which 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 settlement by receipting thereon for the amount to be credited thereupon. 17 Article Twelfth.—For the purpose of carrying out the trusts and objects of these presents the said Trustee or his successor or successors to this trust," may, whenever it shall be deemed expedient, call meetings of the holders of the said bonds secured hereby in some convenient place in the City of New York, upon such notice, and under such regulations, as he may deem proper, but no decision of any majority m 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 ma¬ jority and proved as herein provided. Article Thirteenth.— The execution of any instrument 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 instrument (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 country, and any certificate and seal purporting to be a notarial certificate and seal? or certificate and seal of any other officer authorized to take acknowledegments of any deeds, shall be sufficient evidence of the official character of the persons making such certificates. Article Fourteenth.—The said Trustee or any successor to this trust, may permit said Railway Company, the said party of the first part, if not in default in the pay¬ ment of interest on said bonds, to sell any rolling stock, equipment, materials, or ma¬ chinery, right of way or depot, or other grounds theretofore acquired for the use and operation of its railways, or any part of them, and which may be no longer necessary or useful, but upon the fundamental condition only that, the purchase money shall be received by the then Trustee, or the property so sold to be replaced by other property of the same character, and to become subject to the trusts and provisions of these presents, and such purchase money shall be received or the property sold be so re¬ placed by other property before any instrument releasing the lien of this indenture shall be delivered by the Trustee. Article Fifteenth.—The words "Trustee," "said Trustee" and "party of the second part," as used in this instrument, shall be construed to mean the Trustee or Trustees for the time being of this mortgage or deed of trust, and whenever a vacancy shall exist, or any change of Trustees shall be made, to mean the surviving or con¬ tinuing or successor Trustee. And any surviving, continuing or successor Trustee herein shall be possessed of, and be fully competent to exercise, all the powers and duties granted and conferred by these presents to the said Trustee named in this instrument as the party of the second part. Article Sixteenth.—And inasmuch as it is intended that this instrument shall be recorded in the proper offices in each of the several counties of the said States wherein the railway property and premises conveyed hereby, or intended so to be, or some part thereof is situated, as nearly at the same time as possible, this indenture further witnesseth that, although five or more copies or counterparts thereof are simul¬ taneously executed by the said Railway Company, the said party of the first part, by 18 îts President, under its corporate seal, attested by its Secretary, in pursuance of the aforesaid resolution of the said Company, and delivered to the said Trustee, and the said Trustee, in evidence of his acceptance of the trusts thereby created, has likewise to each of said five or more copies or counterparts set his hand and affixed his seal simultaneously, that all of said copies or counterparts so executed and delivered, each as an original, shall constitute but one and the same instrument. In testimony whereof, The Missouri Pacific Railway Company, the said party of the first part, has caused its corporate name to be hereunto signed by its President, and its corporate seal, attested by its Secretary, to be hereunto affixed; and John F. Dillon, the Trustee, the said party of the second part, has signified his acceptance of the trusteeship herein created by hereunto subscribing his name and affixing his seal, the date and year first above written. THE MISSOURI PACIFIC RAILWAY COMPANY. By , President. Attest: , Secretary. 19 State of New York, ) City and County of New York, ) ss* Be it remembered, that, on this day of November, A. D, 1880, before me, a Notary Public, in and for the State and County of New York, residing in said City of New York, personally appeared jay Gould,'president, and Amos H. Calef, the Secretary of The Missouri Pacific Railway Company, to me re¬ spectively personally known to be such, who being by me severally duly sworn, did dépose and say, that he, said Jay Gould, resides in New York City, State of New York; that he, said Amos H. Calef, also resides in New York City, New York; that he, said J^y Gould is the President, and he, said Amos H. Calef, is the Secretary of the said Company; that they both 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 by order of the Board of Directors of said Company, and that they, the said Jay Gould, as such President, signed the name of said Company, and their own names thereto, by the like order, as President and Secretary of said Company, respectively, and they each, respectively, being personally known to me to be the same persons whose names are signed to the foregoing instrument, as parties thereto, acknowledged to me that they signed, sealed, and executed the same as their own free and voluntary act and deed, and as the free and voluntary act and deed of the said Company, for the purposes and objects therein stated. llll^ In witness whereof, I have hereunto set my hand and affixed my official seal, this the day of November, A. D. 1880. 20 State of New York, ) City and County of New York. ) ss* Be it remembered, that on this the day of November, A. D 1880, personally c~me before me, John F. Dillon, who is personally known to me to be the same person whose name is signed to the foregoing instrument party thereto as Trustee, who acknowledged the same to be his voluntary act and deed, as such Trustee, for the purposes and objects therein stated, as also to evidence his accept¬ ance of the trusts created in the said instrument. In witness whereof, I have hereunto set my hand and affixed my official seal this the day of November, A. D. 1880. 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 2010