MISSOURI, KANSAS AND TEXAS RAILWAY
COMPANY
TO
CENTRAL TRUST COMPANY OF NEW YORK.
jftftb Supplemental (TDortoaoe
TO
jFlvst Extension flDortoaoe
of the Missouri, Kansas and Texas Railway Company,
Dated November i, 1894.
Dated May 20, 1902.
C. G. Burgoyne, WaUer and Centre Streets, N. Y.
500-7-11-02.
made and entered into this 20th
day of May, 1902, by and between the Missouri, Kansas
and Texas Railway Company, a corporation organized and
existing under the laws of the States of Kansas and Missouri
and of the United States, hereinafter called the " Kansas
Company," party of the first part, and the Central Trust
Company of New York, a corporation organized and existing
under the laws of the State of New York, hereinafter
called the " Trustee," party of the second part, witnesseth,
as follows :
*
"Whereas, the Kansas Company did heretofore and on the
1st day of November, 1894, duly make, execute and deliver
unto the said Trustee a certain mortgage or trust deed known
as the Missouri, Kansas and Texas Railway Company First
Extension Mortgage, whereby the said Kansas Company did
duly grant, bargain, sell, assign, transfer and convey unto the
said Trustee all the property, real, personal and mixed and all
the corporate rights, powers, franchises and privileges therein
fully set forth and described, to have and to hold the same
unto the said Trustee, its successor or successors, in trust,
to secure the payment of bonds in the sum of one thousand
dollars ($1,000) each, to be issued at the rate of twenty
thousand dollars ($20,000) per mile of completed railway of
the branch lines and extensions acquired or to be acquired
by the said Missouri, Kansas and Texas Railway Company
in the States of Missouri and Kansas and in the Indian
Territory, and for the uses, intents and purposes in the
said mortgage fully expressed and declared, as by reference
thereto, now being in the proper custody of the said
2
Trustee and also duly recorded, will more fully and at
large appear ; and
Whereas, at a special meeting of the stockholders of
the said Kansas Company, held on February 21, 1895, the
following resolution was duly adopted by the vote of more
than two-thirds in amount of all the stockholders of said
Company, viz. :
" Resolved, that this Company hereby authorizes, ratifies
and confirms the execution of a mortgage by this Company,
dated November 1, 1894, conveying to the Central Trust
Company of New York, as trustee, all the railroad property
and franchises acquired from The Southwestern Mineral
Railway Company, and all future extensions and branch lines
that may hereafter be purchased, constructed or acquired
in the States of Missouri, Kansas and the Indian Territory,
in trust, to secure bonds to be issued at the rate of twentv
/ tj
thousand dollars ($20,000) per mile of completed railway of
the said line of railroad purchased from The Southwestern
Mineral Railway Company, and of such other railway
extensions or branch lines as may hereafter be purchased,
constructed or acquired, and for the purpose of paying for
such purchased, constructed or acquired railroads, and to be
known as the £ Missouri, Kansas and Texas Railway Company
First Mortgage Extension Five Per Cent. Fifty-Year Gold
Bonds.'
" Further resolved, that the Executive Officers of this
Company be, and they hereby are authorized to acquire by
purchase, construction or otherwise, such other and additional
extensions or branch lines of railway, as may be deemed
expedient, and as are within the terras of the mortgage above
authorized and confirmed, which proposed extensions or
branch lines, pursuant to the provisions of the said mortgage,
are to be paid for by bonds of the series thereby secured and
to be issued at the rate of twenty thousand dollars ($20,000)
per mile of completed railway, as thereby provided and
Whereas, before said February 21, 1895, and prior to the
execution of the said mortgage of November 1, 1894, the
Board of Directors of said Kansas Company had authorized
the execution of the said mortgage of November 1, 1894 ; and
Whereas, the said Kansas Company, by indentures dated,
respectively, July 31, 1895, December 11, 1899, April 12, 1901,
3
and April 21, 1902, executed and delivered to the said
Central Trust Company of New York, a supplemental
mortgage and second, third and fourth supplemental mort¬
gages, respectively, to said mortgage of November 1, 1894,
conveying certain property described in said supplemental
mortgages, which were duly recorded ; and
Whereas, since the execution and delivery of said indent¬
ure of mortgage and supplemental mortgages, bonds author¬
ized to be issued thereunder have been issued under and in
pursuance of the provisions of said mortgage, to the extent
of one million, nine hundred and seventy-two thousand dollars
($1,972,000), which bonds are a valid lien upon the property
secured thereby ; and
Whereas, Section " Fourth " of the said indenture of
mortgage, dated November 1, 1894, among other things, pro¬
vides as follows :
" In case of the acquisition of any such branch lines or
extensions, or of the building, by the said Missouri, Kansas &
Texas Railway Company, in the States of Missouri and
Kansas, and in the Indian Territory, or in either or any of the
said States or Territory, of any such branch lines or exten¬
sions, or of the purchase of any railway property in such
States and in such Territory, with respect to which the said
Trustee shall be asked and required to certify, as aforesaid,
bonds under the lien of this mortgage, at a rate not in excess
of twenty thousand dollars per mile of completed railway,
there shall be directly conveyed by supplementary mortgage
or deed of trust, before the said Trustee shall be required to
comply with such demand, to the said Trustee, all of the said
railway property so additionally acquired, built or purchased,
as and when the same is so acquired, built or purchased. It
is understood and agreed that if before the issue of said bonds
any coupon or coupons shall have matured, said coupon or
coupons shall be detached therefrom and canceled ; " and
Whereas, the said Kansas Company has, since the date of
said fourth supplementary or supplemental mortgage, of April
21, 1902, acquired the following described additional lines of
railway, to wit :
4
A line of railway, of standard gauge formerly belonging to
the Missouri, Kansas and Northwestern Railroad Company,
and extending from Mineral, in Cherokee County, Kansas, to
Joplin, in Jasper County, Missouri, a distance of twenty-nine
(29) miles, more or less, conveyed by the Missouri, Kansas
and Northwestern Railroad Company to the said Kansas
Company, by deed dated May 20, 1902, and recorded in the
office of the Register of Deeds of Cherokee County, Kansas ;
in the office of the Recorder of Deeds of Jasper County,
Missouri, and in the office of the Secretary of State of
Missouri ; and
Whereas, in pursuance of the terms of Section Fourth of
said indenture, dated November 1, 1894, above quoted, the
Kansas Company desires now to execute, and hereby does ex¬
ecute, a supplemental mortgage conveying to the Trustee the
said line of railway ; and
Whereas, by virtue of the resolutions of the stockholders
of the Kansas Company of February 21, 1895, hereinbefore
recited, and of the Board of Directors of said Company prior
thereto, and also of resolutions passed at meetings of the
Board of Directors and Stockholders of said Kansas Company,
duly held on the 10th day of April, 1902, and before the ex¬
ecution of these presents, this supplemental mortgage was
duly approved and its execution, by the Executive Officers of
the Kansas Company, duly authorized and directed.
Now, therefore, this indenture witnesseth :
First. That in consideration of the premises, and of the
sum of one dollar by each of the parties hereto in hand paid
to the other, the receipt whereof is hereby acknowledged,
the said Kansas Company, in order to bring in and subject
to the conditions and terms of the aforesaid indenture of
mortgage or deed of trust, dated November 1, 1894, and
supplemental mortgages dated respectively July 31, 1895,
6
December 11, 1899, April 12, 1901, and April 21, 1902, the line
of railway hereinbefore referred to and hereinafter described,
and for the purpose and with the intent of securing the bonds
mentioned in said indenture of mortgage of November 1, 1894,
and supplemental mortgages of July 31, 1895, December 11,
1899, April 12, 1901, and April 21, 1902, and to be issued
under this indenture and representing the mileage of the said
line of railway, as hereinbefore and hereinafter described,
equally and alike upon all property of the said Kansas Com¬
pany described and conveyed in this indenture and in the said
indentures of November 1, 1894, July 31, 1895, December 11,
1899, April 12, 1901, and April 21, 1902, in the same manner
and with the same effect as if the said bonds had been origi¬
nally secured by one and the same indenture and deed of
trust, has granted, bargained, sold, assigned, transferred, con¬
firmed and conveyed, and by these presents does grant, bar¬
gain, sell, assign, transfer, confirm and convey to the said
Trustee, its lawful successor or successors in the trust created
by the said indentures, all and singular the lines of railway
hereinbefore more particularly described as follows :
A line of railway, of standard gauge, formerly belonging to
the Missouri, Kansas and Northwestern Railroad Company, and
extending from Mineral, in Cherokee County, Kansas, to Jop-
lin, in Jasper County, Missouri, a distance of twenty-nine (29)
miles, more or less, conveyed by the Missouri, Kansas and
Northwestern Railroad Company to the said Kansas Company
by deed dated May 20, 1902, and recorded in the office of the
Register of Deeds of Cherokee County, Kansas ; in the office
of the Recorder of Deeds of Jasper County, Missouri, and in
the office of the Secretary of State of Missouri.
The property hereby conveyed includes all and singular the
rights of way of said line of railway and parcels of land con¬
stituting said rights of way and all additions thereto which
may hereafter be acquired by the said Kansas Company, and
all depots, depot grounds, tracks, station houses, engine
6
houses, car houses, freight houses, wood houses, work houses,
machine shops, and all locomotives, tenders, cars and other
rolling stock or equipments, and all rails, ties, chairs, ma¬
chinery, tools and other implements used for operating and
repairing said line of railway or any part thereof, together
with all the equipments or appurtenances whatsoever thereto
belonging, whether now held or hereafter to be acquired, and
all franchises connected with or relating to said line of rail¬
way or the construction, maintenance or use thereof, with all
rights, powers, privileges, franchises, immunities and exemp¬
tions of every kind and nature appertaining to the said Kansas
Company in connection therewith, and all estate, right, title,
interest, property, possession, claim and demand whatsoever
in law as well as in equity, present or prospective, of the said
Kansas Company in and to the same and every part and parcel
thereof, with the appurtenances. To have and to hold the above
described line of railway, premises, property, rights, franchises,
and every part and parcel thereof, with the appurtenances, unto
the said Trustee, its successor or successors, in trust, never¬
theless, for the equal pro rata benefit and security of all and
every the persons and corporations who may be or may become
holders of any of the bonds issued under the provisions of the
said indenture of mortgage, dated November 1, 1894, supple¬
mental mortgages dated July 31,1895, December 11,1899, April
12, 1901, and April 21,1902, or this or any future supplemental
mortgage thereto executed in conformity with its provisions,
without any preference or priority of any one bond over
another by reason of priority in time of issue or negotiation
thereof, or otherwise, and for all the uses and purposes de¬
clared and expressed in the aforesaid indentures of November
1, 1894, July 31, 1895, December 11, 1899, April 12, 1901, and
April 21, 1902. Nothing herein contained shall be deemed to
be in conflict with or inconsistent with the provisions of the
said mortgage of November 1, 1894, which places under the
trust of the said mortgage the Kansas Company's property
7
thereafter acquired, as stated in said mortgage, and situated
in the states of Missouri and Kansas and in the Indian Terri¬
tory, although the same may not be specifically described or
enumerated in said mortgage of November 1, 1894, and sup¬
plemental mortgages of July 31, 1895, December 11, 1899,
April 12, 1901, and April 21, 1902, all of the provisions of
which remain in full force and effect the same as if this in¬
denture had not been made, and all these indentures shall be
read together and construed as one instrument.
Second. The said Trustee shall certify such bonds re¬
lating to the acquisition of the line of railway hereby con¬
veyed as shall be delivered to it by the Kansas Com¬
pany for certification, and shall deliver the same to the
Kansas Company or to its order after this mortgage shall have
been recorded in the proper offices. The said bonds shall be
certified and delivered by the Trustee to the Kansas Company
or its order at the rate of twenty thousand dollars per mile of
the line of railway hereby conveyed, at the time and in the
manner as provided in Section Third of the aforesaid indenture
of mortgage, dated November 1, 1894, known as the Missouri,
Kansas and Texas Railway Company First Extension Mort¬
gage, as well as all the other sections of said indenture, and of
the said indentures dated July 31, 1895, December 11, 1899,
April 12, 1901, and April 21, 1902, shall apply to the line of
railway hereinbefore conveyed, the same as though herein at
length set forth.
Third. This indenture further witnesseth, that although
three copies or counterparts thereof are simultaneously executed
by the Kansas Company by its President, under its corporate
seal, attested by its Secretary in pursuance of the afore¬
said resolutions of the said Kansas Company, and de¬
livered to the said Trustee, and the said Trustee, in evidence
of its acceptance of the trust hereby created, has likewise duly
executed the said three copies or counterparts, each of said
8
copies or counterparts so executed and delivered is an original,
and the said three copies or counterparts shall constitute but
one and the same instrument.
In testimony whereof, the Missouri, Kansas and Texas
Railway Company, the party of the first part has caused these
presents to be signed by its President and countersigned by
its Secretary, and its corporate seal to be hereunto affixed, and
the Central Trust Company of New York, the said party of the
second part has signified its acceptance of the trust hereby
created by causing these presents to be signed by its Vice-
President and countersigned by its Secretary, and its cor¬
porate seal to be hereunto affixed, the day and year first above
written.
Missouri, Kansas and Texas Railway Company.
(Corporate Seal.)
Henry C. Rouse,
President.
Attest :
S. Halline,
Secretary.
Central Trust Company of New York,
(Corporate Seal.)
G. Sherman,
Vice-President.
Attest :
Geo. Bertine,
Secretary.
9
State oe Missouri, )
City of St. Louis, )
On this 20th day of May, 1902, before me appeared
Henry C. Rouse, to me personally known, who, being by
me duly sworn, did say : That he is the President of the
Missouri, Kansas & Texas Railway Company, and that the
seal affixed to the foregoing instrument is the corporate seal of
said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its Board
of Directors, and said Henry C. Rouse acknowledged said
instrument to be the free act and deed of said corporation.
In witness whereof, I have hereunto set my hand and
official seal this 20th day of May, 1902.
Lee W. Hagerman,
(Official Seal.) Notary Public.
My commission expires 22nd day of March, 1901.
State oe Missouri, >
City of St. Louis, )
On this 20th day of May, 1902, before me appeared S.
Halline, to me personally known, who, being by me duly
sworn, did say : That he is the Secretary of the Missouri,
Kansas & Texas Railway Company, and that the seal affixed
to the foregoing instrument is the corporate seal of the said
corporation, and that said instrument was signed and sealed
in behalf of said corporation by authority of its Board of
Directors ; and said S. Halline acknowledged said instrument
to be the free act and deed of the said corporation, and that
he attested the same as such Secretary.
' In witness whereof, I have hereunto set my hand and
official seal this 20th day of May, 1902.
Lee W. Hagerman,
(Official Seal.) Notary Public.
My commission expires 22nd day of March, 1904.
10
State of New York, )
City and County of New York, )
On this 22d day of May, 1902, before me appeared George
Sherman, to me personally known, who being by me
duly sworn, did say : That he is the Vice-President of the
Central Trust Company of New York, and that the seal affixed
to the foregoing instrument is the corporate seal of said cor¬
poration, and that said instrument was signed and sealed in
behalf of said corporation by authority of its Board of Trustees,
and said George Sherman acknowledged said instrument to
be the free act and deed of said corporation.
In witness whereof, I have hereunto set my hand and
official seal this 22d day of May, 1902.
Henry E. Tobey,
(Official Seal.) Notary Public,
Kings Co.
Certificate filed in N. Y. Co.
My commission expires March 30, 1903.
State of New York, \
City and County of New York, $ K " *
On this 22d day of May, 1902, before me appeared
George Bertine, to me personally known, who being by
me duly sworn, did say : That he is the Secretary of the
Central Trust Company of New York, and that the seal affixed
to the foregoing instrument is the corporate seal of the said
corporation, and that said instrument was signed and sealed
in behalf of said corporation by authority of its Board of
Trustees and said George Bertine acknowledged said instru¬
ment to be the free act and deed of the said corporation, and
that he attested the same as such Secretary.
In witness whereof, I have hereunto set my hand and
official seal this 22d day of May, 1902.
Henry E. Tobey,
(Official Seal.) Notary Public,
Kings County.
Certificate filed in N. Y. Co.
My commission expires March 30, 1903.
11
Filed for record in the office of the Register of Deeds of
Cherokee County, Kansas, on the 26th day of May, 1902, at 8
o'clock À. M., and recorded in Book 45, page 583.
Filed for record in the Office of the Recorder of Deeds of
Jasper County, Missouri, on the 28th day of May, 1902, at 9
o'clock and 40 minutes A. M., and recorded in Book 82, at
page 461.
3 5556 038 78299
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