/
OHIO MORTGAGE.
To all persons to whom these presents shall come, Greeting :
Whereas, the Atlantic and Great Western Railroad Company, pur¬
suant to the terms of the act incorporating said Company, have com¬
menced and are still engaged in constructing a railroad from Dayton, in
the county of Montgomery, in Ohio, through the counties of Green,
Clark, Champaign, Union, Marion, Morrow, Crawford, Richland, Ash¬
land, Wayne, Medina, Summit, Portage and Trumbull, to the State line
of Pennsylvania, being two hundred and forty-three and one-half miles
in length; and whereas, to enable said Company to pursue successfully
said work, and also to procure iron rails and equipment for such parts of
said road as are more readily prepared for rails as well as for other purposes
connected with the said road, the said Company need, and have resolved
to raise money by a loan to an amount not exceeding four millions of
dollars ; and whereas, to secure the payment or re-payment thereof, the
said Company have resolved to issue certain bonds from time to time as
the same shall be needed for the purposes aforesaid, but not to an amount
at any time exceeding 60 per .cent, of the expenditures and investments
in and for said road and its equipments, and not exceeding seven
thousand in number, bearing date the first day of October, in the year
eighteen hundred and fifty-five, three thousand thereof being for the sum
of one thousand dollars each, numbered one to three thousand inclusive,
and fifteen hundred thereof being for the sum of five hundred dollars
each, numbered three thousand and one to forty-five hundred inclusive,
and two thousand five hundred of one hundred dollars each, numbered
four thousand five hundred and one to seven thousand inclusive, to the
persons loaning said money or furnishing said iron rails or equipments,
payable to Azariah C. Plagg, and Charles J. Stedman, or bearer, at the
office of the Ohio Life Insurance and Trust Company, in the City of New
York on the first day of October, in the year eighteen hundred and
seventy-six, and bearing interest at the rate of seven per cent, per
annum, payable semi-annually, at the same place on the first day of
April and October in each year, on the presentation of the proper interest
warrants as they severally become due, all of said bonds to be on an
equality so far as regards security for the re-payment thereof, by these
presents, notwithstanding the same may be issued at different times,
and each being authenticated by a certificate signed by t}ie grantee herein
named.
Now, Therefore, Know Ye : That the Atlantic and Great Western
Railroad Company, in order to secure the payment of said bonds and
interest, and for divers good and sufficient considerations, particularly
for the sum of one dollar to them in hand paid by the said Azariah C.
Flagg 'and Charles J. Stedman, at the ensealing and delivery of these
presents, the receipt whereof is hereby acknowledged, have granted,
bargained, sold, transferred and conveyed, and do hereby grant, bar-
2
gain, sell, transfer, and convey to the said Azariah C. Flagg and Charles
J. Stedman, of the City of New York, and to their successors in the
trust hereby created and assigned, all the following present and in future
to be acquired property and estate of said Company, that is to say their
road made, partially made, and to be made between the points above
stated, including the right of way and the land occupied thereby, to¬
gether with the superstructure and tracks thereon, or to be thereon, and
all iron rails, ties, and other materials used thereon, procured or to be
procured therefor, and all bridges, viaducts, culverts, fences, depot
grounds and buildings thereon, and all other appurtenances belonging
thereto, engines, tenders, cars, tools, machinery, materials, contracts,
subscription of stock, and all other personal property, right thereto, and
interest therein, whether choses in action or in possession, and all
franchises, rights and privileges of the said Atlantic and Great Western
Railroad Company. But nothing herein contained shall be construed to
prevent said Company from selling, hypothecating, or otherwise dispos¬
ing of any securities received by them, in payment of stock or otherwise,
or of any lands or other property of the Company not necessary to be
retained for their road way, depot grounds or stations; nor required for
the construction or convenient use of their road; nor from collecting
moneys due the Company on stock subscription or otherwise ; Provided,
they shall diligently proceed to collect, and faithfully apply all such
means to the finishing and equiping of their said road, and other neces¬
sary purposes of said road; and provided, that no default shall have been
made in the payment of the interest or principal of any of the above de¬
scribed bonds.
To Have and to Hold, the said premises and every part thereof, unto
the said Azariah C. Flagg and Charles J. Stedman, their successors in
said trust and assigns, upon the following trust, that is to say, in case
the said Company shall fail to pay the principal or any part thereof, or
any of the interest on any of said bonds at the time when the same may
become due and payable, according to the tenor thereof, when de¬
manded ; then after sixty days from such default, upon the request of the
holder of such bond, the said Azariah C. Flagg and Charles J. Sted¬
man, their successors in said trustor assigns, ¡may enter into and take
possession of all or any part of the said premises and property ; and as
the attorney in fact or agent of said Company, by themselves or their
agents or substitute, duly constituted, have, use, and employ the same,
making from time to time all needful repairs, alterations, and additions
thereto, and after deducting the expenses of such use, repairs, alterations
and additions, apply the proceeds thereof to the payment of the princi¬
pal and interest of all said bonds remaining unpaid ; or the said Azariah
C. Flagg and Charles J. Stedman, their successors in said trust, or as¬
signs, at his or their discretion, may, or on the written request of at least
the holders of one-half of the bonds then unpaid, shall cause the said premi¬
ses and property, or so much thereof as shall be necessary to pay and
discharge the principal and interest of all such of said bonds as may
then be unpaid, to be sold at public auction, in the City of New York, or
the cities of Dayton or Cincinnati, Ohio; giving at least ninety days
notice of the time, place and terms of sale, and of the specific property
to be sold, by publishing the same in two newspapers of good circula¬
tion in each of the cities of New York, Philadelphia, Dayton and Cin¬
cinnati, and wherever else required by law, and execute to the purchaser
3
or purchasers thereof, a good and sufficient deed of conveyance in fee
simple for the same, which shall be a bar against the said Company, its
successors and assigns, and all persons claiming under it, of all right,
interest, or claim, in or to said premises or property; and said trustees
shall, after deducting from the proceeds of said sale the costs and ex¬
penses thereof, and of managing such property, apply so much of the
proceeds as may be necessary for the payment of said principal and
interest unpaid, and shall restore the residue thereof to said Company,
it being hereby expressly understood that the bonds secured by this
mortgage shall be rateably received in payment by said trustees, in case
any such sale shall be made, at the option of the holder thereof, and that
in no case shall any claim or advantage be taken of any valuation, ap¬
praisement, or extension laws by the said Company, nor any injunction
or stay of proceedings, nor shall any process be applied for or obtained
by them to prevent or obstruct such entry or sale as aforesaid, but the
same are hereby expressly waived by said Company.
And the said Company hereby covenant for the consideration afore¬
said, to execute and deliver any further reasonable and necessary con¬
veyance of the premises, or any part thereof, to the said Azariah C. Flagg
and Charles J. Stedman, their successors in said trust, or assigns, for
more fully carrying into effect the objects hereof, particularly for the con¬
veyance of any property subsequently to the date hereof acquired by
said Company, and comprehended in the description contained in the
premises, if any such there shall be, which shall not inure to the use
and benefit of the holders of said bonds, under the covenant of this
deed; and the said Company further covenants, as aforesaid, that the
bonds issued under and secured by this mortgage, shall be faithfully
applied to the purposes named herein
And it is hereby understood and expressly stipulated, that these pres¬
ents are upon the condition that on payment of the principal and inter¬
est in manner aforesaid, the estate hereby granted to the said Azariah C.
Flagg and Charles J. Stedman, shall be void, and the right to the
premises and property hereby conveyed shall revert to and vest in said
Company, without any acknowledgement of satisfaction, re-conveyance,
re-entry, or any other act.
That the said Azariah C. Flagg and Charles J. Stedman, their success¬
ors in said trust, and assigns, shall only be accountable for reasonable
diligence in the management thereof, and shall not be responsible for the
acts of any agent or agents employed by him or them, when such agent
or agents are selected with reasonable discretion or with the approbation
of said Company, and that said trustees, their successors in said trust, or
assigns, shall be entitled to receive proper compensation for every labor
or service performed by him or them, in the discharge of said trust, in
case he or they shall be compelled to take possession of said premises, or
any part thereof, and manage the same; that in case of the death, mental
incapacity, or resignation of the said trustee, all his estate, right, interest,
power and control shall be divested, cease and determine, but without a
discontinuance of the trust; and said Company shall, or in their default
to take proceedings therefor for thirty days the holders of a majority of
said bonds may apply to the Supreme Court of the State of Ohio, or the
District Court of said State, in any county in or through which said road
is located, to appoint a new trustee, being a resident of the City of New
York, to supply their place, and such an appointment may be made as
4
often as occasion may require the appointment of a trustee to execute
the trust herein declared, and when so appointed such new trustee shall
become vested for the purposes aforesaid, with all the estate, rights, in¬
terest, power and cbntrol hereby conveyed to or vested in said Azariah
C. Flagg and Charles J. Stedman, without any further assurance or con¬
veyance for the same. But if the same shall be necessary, both the said
Company and such new trustee, or either of them, shall execute all
necessary conveyances and agreements, for that purpose,
In Testimony Whereof, the said Company have caused their
corporate name to be signed and their corporate seal to
be affixed to this instrument, by their President, this
first day of October, Anno Domini eighteen hundred and
fifty-five.
The Atlantic and Gbeat Western
Kail Road Company,
By MARVIN KENT, President,
SIGNED, SEALED AND DELIVERED .
IN PRESENCE OF
D.L.BROWN,
WM.H. BROWN. J
We, Azariah C. Flagg and Charles J. Stedman, of New York City, do
hereby accept the trust conveyed to us in the foregoing deed, and agree
to discharge the Same as by said deed required and empowered.
Witness our hands and seals this 28th day of November, A. D. 1855.
AZARIAH C. FLAGG,
CHARLES J. STEDMAN.
SIGNED AND SEALED IN PRESENCE OF
D. L. BROWN and
WM. H. BROWN.
STATE OF NEW YORK,
City and County of New York, s. s. f Be it Remembered, that
on this 28th day of November, in the year one thousand eight
hundred and fifty-five, before me, the undersigned, William
-J seal j- H. Brown, a commissioner, resident in the city of New York,
duly commissioned and qualified by the executive authority
and under the laws of the State of Ohio, to take the acknowledg¬
ment of deeds, etc., to be used or recorded therein, personally appeared
Marvin Kent, President of the Atlantic and Great Western Railroad Com¬
pany, who acknowledged that by the authority of and for and on behalf
of said company, he signed the foregoing instrument and affixed the
corporate seal of said company thereto, the same being his free and vol¬
untary act as aforesaid; and at the same time and place, also appeared
before me Azariah C. Flagg and Charles J. Stedman, trustees in said deed
named, and acknowleged that they did sign and seal the foregoing
acceptance, and that the same is their free and voluntary act.
In Witness Whereof, I have hereunto set my hand and affixed my offi¬
cial seal, the day and the year aforesaid.
WM. H. BROWN,
Commissioner for Ohio in New York.
5
The State of Ohio, Portage County, s. s.
I hereby certify, that the foregoing is a true copy of a deed of
■""**. trust, given by the Atlantic and Great Western Railroad
1141 \ Company, to Azariah C. Plagg and Charles J. Stedman, of
v— the City of New York, Trustees.
Recorded in the Records of the County of Portage, pages 310,
311, 312, 313 and 311, on the 7th day of December, A. D.
1855.
Witness my hand and officiai seal, this Third day of January, A. D.
1857.
JOSHUA T. CATLIN,
Recorder of Portage County, Ohio.
The State op Ohio, Richland County, s. s.
I hereby certify, that the foregoing is a true copy of a deed of
- trust, given by the Atlantic and Great Western Railroad
I SEA!, j- Company, to Azariah C. Plagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Richland, in vol¬
ume H of Mortgages, pages 123, 21, 25, 26 and 27, the 17th
day of December, A. D. 1855.
Witness my hand and official seal, this 31st day of December, A. D.
1856.
EOKELS MoCAY,
Recorder Ric. Co., O.
The State op Ohio, Champaign County, s. s.
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Plagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Champaign, on
pages 103,101, 105, 406 and 107, book C, Mortgage Records,
(Reed, for Record, Dec. 27, 1855, and Recorded Dec. 28,
1855.)
Witness my hand and official seal, this Second day of January, A. D.
1857.
D. M. FISHER,
Recorder of Champaign County, Ohio.
The State op Ohio, Marion County, s. s.
I hereby certify, that the foregoing is a true copy of a deed of
— trust, given by the Atlantic and Great Western Railroad
■j seal i Company, to Azariah C. Flagg and Charles J. Stedman, of
i the City of New York, Trustees.
Recorded in the Records of the County of Marion, on pages
345, 346, 347, 318, and 319, book 2, of mortgage.
Witness my hand and official seal, this 31st day of December, A. D.
1856.
J. H. BARKER,
Recorder.of M. Co., O.
6
The State of Ohio, Clark County, s. s.:
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Clark, on pages
508, 509, 510 and 511, the 29th day of December, 1855.
Witness my hand and official seal, this 5th day of January, A. D.
1857.
J. HENDERSHOTT,
Recorder of Clark County, Ohio.
i seal j-
The State of Ohio, Green County, s. s.:
I hereby certify, that the foregoing'is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
■the City of New York, Trustees.
Recorded in the Records of the County of Green, pages 326,
7, 8, 9, Book E, the 31st day of December, 1855.
Witness my hand and official seal, this second day of January, A. D.
1857.
M. W. WEEDER,
Recorder.
The State of Ohio, Montgomery County, s. s. :
I, D. G. Fitch, Recorder of said County, hereby certify, that
the foregoing is a true copy of a deed of trnst, given by the
Atlantic and Great Western Railroad Company, to Azariah
C. Flagg and Charles J. Stedman, of the City of New York,
Trustees.
Recorded in the Records of the County of Montgomery and
State of Ohio, in book M, of Mortgages, on the Frst day of
January, in the year 1856, on pages 119, 150, and 151.
Witness my hand and official seal, this Second day of January, A. D.
1857.
D. G. FITCH,
Recorder of Montgy. Co., Ohio.
i seal i
The State of Ohio, Summit County, s. s. :
I hereby certify, that the foregoing is a true copy of a deed
of trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Summit, book 29,
pages 197, 198, 199, 200, 201, and 202, on the 10th day of
December, 1855.
Witness my hand and official seal, this Third day of January, A. D.
1857.
HENRY PÜRDY,
Recorder.
The State of Ohio, Morrow County, s. s.:
I hereby certify, that the foregoing is a true copy of a deed of
trust, given byHhe Atlantic and Great Western Bailroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Morrow, volume
No. 3, pages 476, 477, 478 and 479 of the mortgage record, on
the 22d day of December, 1855.
Witness my hand and official seal, this Second day of January, A. D.
1857.
SILAS HOLT,
Recorder, M. C., O.
The State of Ohio, Union County, s. s :
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Union, pages 346,
7, 8 and 9, in book 2, Reed., and Recorded December 26, A.
D. 1855.
Witness my hand and official seal, this Fifth day of January, A. D. '
1857.
JOHN W, THOMPSON.
i seal i
The State of Ohio, Trumbull County, s. s. :
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
) SSAL Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Trumbull, pages
487, 488, 489 and 490, the 3d day of December, A D. 1855.
Witness my hand and official seal, this Second day of January, A. D.
1857.
SAMUEL M. CARTER,
Recorder.
The State of Ohio, Ashland County, s. s. :
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Ashland, pages
(in Yol. H.) 528, 29, 30 and 31, the 15th day of December,
1855.
Witness my hand and official seal, this First day of January, A. D.
1857.
R. SCOTT,
Recorder.
I SEAL I
8
The State of Ohio, Wayne County, s. s.:
I hereby certify, that the foregoing is a true copy of a deed of
—1—- trust, given by the Atlantic and Great Western Eailroad
I seal I Company, to Azariah C, Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Wayne, pages
250, 51, 52, 53 and 54 of vol. 46, this 13th day of December,
1855.
Witness my hand and official seal, this Sixth day of January, A. D.
1857.
H. 3. KAUFMAN,
Recorder.
The State of Ohio, Crawford County, s. s.:
I hereby certify, that the foregoing is a true copy of a deed of
trust, given by the Atlantic and Great Western Railroad
Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Crawford, on pages
164, 165, 166 and 167, Recorded on the 19th day of Decem¬
ber, 1855. Mortgage Book, Vol. V.
Witness my hand and official seal, this 31st day of December, A. D.
1856.
S. TODD,
Recorder, C. C., O.
The State of Ohio, Medina County, s. s. :
I hereby certify, that the foregoing is a true copy of a. deed of
trust, given by the Atlantic and Great Western Rail Road
i seal [ Company, to Azariah C. Flagg and Charles J. Stedman, of
the City of New York, Trustees.
Recorded in the Records of the County of Medina, pages No.
475, 476, 477, 478 and 479, mortgage folio, No. 3, on the 13th
day of December, A. D. 1855.
Witness my hand and official seal, this third day of January, A. D. 1857
SAMUEL J. HAYSLIP,
Recorder.
COPY OF BONDS.
UNITED STATES OF AMERICA,
STATE OF OHIO:
1000
No.
jjfy J^lantiij & patent
EAILEOAD COMPANY.
1000
No.
The Atlantic and Great Western Kailroad Company acknowledge
themselves to owe to or bearer, one thousand
dollars, for money borrowed to aid in the construction of their Bailroad
from Dayton, in Montgomery County, Ohio, to a point in the vicinity of
Orangeville, in the same State, which sum said Company promise to pay
to the said Azariah C. Flagg and Charles J. Stedman, or to the holder
hereof, at the office of the Ohio Life Insurance and Trust Company, in
the City of New York, on the first day of October,-1876, and also interest
thereon at the rate of seven per cent, per annum, payable semi-annually,
on the first day of April and October of each year, on presentation of the
annexed interest warrants at said office, for each year ensuing the date
hereof, until the said principal sum shall be paid. And said company
further agree, that this obligation, and all rights and benefits arising
therefrom, may be transferred by general or special endorsement,
or by the delivery, as if the same were a note of hand payable to
bearer, and hereby waive all benefits from valuation or appraisement
laws.
In Testimony whebeof, the said Company have caused their
Corporate Seal to be hereunto affixed, and these presents
to be subscribed by their President and Secretary, this
first day of October, 1855.
(Signed.) MAEVIN KENT, President.
(Signed.) J. W. TYLEB, Secretary.
I Hebeby Ceetify, that the Atlantic and Great Western Bailroad
Company have conveyed to by deed of Trust, bearing date
October 1st, 1855, their road from Dayton, in the State of Ohio, to a
point in the vicinity of Orangeville, in Trumbull County, in the same
State, with its income and franchises, and all the property, rights and
privileges, of the Company pertaining thereto, in trust, to secure the
payment of their bonds issued, and (¡o be issued, as a Ben on said Boad,
10
property and privileges, to an amount not exceeding in all $4,000,000
(four millions) of dollars but in said Deed of Trust, restricting the issue
of bonds to an amount not exceeding sixty per cent, of the sum invested
in the road, with power to take possession of, use and sell the same, or
any part thereof, in case of sixty days' default in paying the interest or
principal of said obligations, or any of them, as by reference to the said
Deed of Trust, which I have caused to be recorded in the several Counties
into, or through which, said Railroad is located, will more fully and at
large appear. And I fürther certify, that the forgoing is one of the
obligations referred to in, and secured by said Deed.
AZARIAH C. FLAGG,
Trustee.
copy of
DEED OP FURTHER ASSURANCE OP THE ATLANTIC
AND GREAT WESTERN RAILROAD CO. TO
AZARIAH C. FLAGG AND FREDRICK SCHU-
CHARDT.
To all persons to whom these Presents shall come, Greeting:
Whereas, The Atlantic and Great Western Railroad Company did, by
a certain deed of trust or mortgage, bearing date the fifth day of October,
A. D. 1855, for the uses and purposes and upon the considerations
therein expressed, grant, bargain, sell, transfer and convey to Azariah C.
Flagg and Charles J. Stedman, of the City of New York, their successors
in the trust thereby created, and assigns, all the then present and in
future to be acquired property of said Company ; that is to say : their
road made, partially made, and to be made between the points
stated in said deed of trust or mortgage, including the right of way and
the land occupied thereby, together with the superstructure and tracks
thereon or to be thereon, and all iron rails, ties and other materials used
thereon, procured or to be procured therefor, and all bridges, viaducts,
culverts, fences, depot grounds, and buildings thereon, and all other
appurtenances belonging thereto, engines, tenders, cars, tools, machinery,
materials, contracts, subscription of stock, and all other personal
property, right thereto, and interest therein, whether choses in action or
in possession, and all franchises, rights and privileges of the said Atlantic
and Great Western Railroad Company, upon certain trusts, as by refer¬
ence to the said deed of trust or mortgage, or the records thereof in the
office of the Recorder of said County of Trumbull, in Book of Mortgages,
No. 3, pages 487, &c., and in the offices of the several Recorders of said
counties therein named, will more fully appear.
And Whereas, in and by said deed of trust or mortgage the said Com¬
pany did covenant, for the considerations therein expressed, to execute
and deliver any further reasonable and necessary conveyance of the pre¬
mises, or any part thereof, to the said Azariah C. Flagg and Charles J.
Stedman, their successors in said trust, or assigns, for more fully carry¬
ing into effect the objects thereof, particularly for the conveyance of any
property subsequently to the date thereof acquired by said Company and
comprehended in the description contained in the premises, if any such
11
there should be, which should not inure to the use and benefit of the
holders of the bonds therein described, under the covenants of said deed
of trust or mortgage.
And Whereas, The said Oharies J. Stedman having died since the ex¬
ecution and delivery of said deed of trust or mortgage, Frederick
Schuchardt has, by the Court of Common Pleas within and for the
county of Portage, in the State of Ohio, been duly appointed as a trustee
to execute the trusts in said deed of trust or mortgage, declared :
And Whereas, The said Frederick Schuchardt has duly accepted said
trust :
Now, therefore, know ye, that the Atlantic and Great Western Railroad
Company, in order the better to secure the payment of the bonds men¬
tioned in said deed of trust or mortgage, and the interest thereon, as the
same shall become due, and for the better assuring and confirming the
title, interest and power of the said Azariah C. Flagg and Frederick
Schuchardt, under the said deed of trust or mortgage in relation thereto,
and in such property, interest and rights, acquired by and accruing to
said Company, subsequently to the date of said deed of trust or mort¬
gage, and for the purpose of more fully carrying into effect the objects of
said deed of trust or mortgage, according to the true intent and meaning
thereof, and the covenants contained as therein set forth, and in consid¬
eration of the sum of one dollar, at the sealing and delivery hereof, in
hand paid by the said Azariah C. Flagg and the said Frederick Schuchardt,
the receipt whereof is hereby acknowledged, have granted, bargained,
sold, transferred and conveyed, and by these presents do grant, bargain,
sell, transfer and convey to the said Azariah C. Flagg and the said Fred¬
erick Schuchardt, their successors in the trust created by said deed of trust
or mortgage, and assigns forever, all the following present and in the future
to be acquired property and estate of said Company ; that is to say, their
road made, partially made, and to be made, from the Pennsylvania and
Ohio State line to Dayton, in the State of Ohio, through the counties of
Trumbull, Portage, Summit, Medina, Wayne, Ashland, Richland, Craw¬
ford, Morrow, Marion, Union, Champaign, Clark, Green and Montgom¬
ery, in said State of Ohio, being two hundred and forty-five miles, more or
less, including the right of way and the land occupied, or to be occupied
thereby, together with the superstructure and tracks thereon, and all iron
rails, ties and other materials used thereon, procured, or to be procured
therefor, and all bridges, viaducts, culverts, fences, all grounds and
premises used, or designed to be used for depots, stations, shops or other¬
wise, for the purposes of said road and buildings thereon, and all other
appurtenances thereto; all engines, tenders, cars, tools, machinery, ma¬
terials, contracts, and all other personal property, right thereto, or inter,
est therein. Also all the tolls, revenue, or income to be had or levied
from said railroad or other property, or which may otherwise accrue to
said Company ; and all the franchises, rights and privileges of the said
Atlantic and Great Western Railroad Company, so far as the same
can or may lawfully be conveyed or transferred by said Company.
Also all personal property that may hereafter be owned or acquired by
said Company, excepting however, and this conveyance shall not include,
the iron rails, ties, materials, and other property which may hereafter be
procured by said Company, to be used in the construction of that part of
said railroad hereafter to be made from said Dayton to the City of Gin-
cinnatti, in said State of Ohio, and all engines, tenders, cars, and other
12
property which may be procured to be used thereon. To have and to
hold the said premises, and every part thereof, with the appurtenances,
unto the said Azariah C. Flagg and Frederick Schuchardt, their succes¬
sors in said trust, and assigns, forever, in trust, nevertheless, for the
persons or corporations, and for the benefit, protection and security of
the persons or corporations, who now hold, or shall hereafter hold, the
bonds issued or to be issued by the said Company, and secured, or
intended to be secured by the deed of trust or mortgage aforesaid, for
the uses, purposes and upon the conditions therein recited, and for
enforcing the stipulations of the said Company in this hehalf in their
true intent and meaning, whether contained in said deed of trust or
mortgage, or said bonds, or in this conveyance. And the said Company,
for the considerations aforesaid, hereby further covenant, that all the
conditions, powers, covenants and privileges in said first-mentioned deed
of trust or mortgage contained, and which will in reference thereto more
fully appear, are hereby ratified and confirmed, on their part, unto the
said Azariah C. Flagg and Frederick Schuchardt, their successors in said
trust, and assigns. And the said Company, for the considerations afore¬
said, hereby further covenant to execute and deliver any further reason¬
able and necessary conveyance of the aforesaid premises, or any part
thereof, to the said Azariah C. Flagg and Frederick Schuchardt. their
successors in said trust, or assigns, for more fully carrying into effect the
objects of said deed of trust or mortgage, particularly for the conveyance
of any property, subsequently to the date hereof, acquired by said Com¬
pany, and comprehended in the description of the aforesaid premises,
if any such there shall be, which shall not inure to the use and benefit
of the holders of said bonds, under the covenants of said deed of trust
or' mortgage.
In testimony whereof, the said Company have caused their
,—■—. corporate name to be signed and their corporate seal to
i SEAL \ be affixed to this instrument, by their President, this
twenty-third day of May, Anno Domini, eighteen hun¬
dred and sixty-three.
Thb Atlantic & Great Western
Railroad Company,
By MARVIN KENT,
President.
Signed, sealed and delivered in
presence of
Wm. H. Upson and
Charles B. Bernard.
We, Azariah C. Flagg and Frederick Schuchardt, of New York City,
do hereby accept the trust conveyed to us in the foregoing deed, and
agree to discharge the same, as by said deed required and empowered.
Witness our hands and seals, this twenty-seventh
day of May, A. D. 1863.
FRED'K SCHUCHARDT. [SEAL.]
A. C. FLAGG. [seal.]
Signed and sealed in presence of
Fred. W. L. Schuchardt,
13
The State of Ohio, i
Summit County, j '
Be it remembered, that on this 23d day of May, A. D. 1863, before me,
the undersigned Charles B. Bernard, a Notary Public within and for said
County and State, personally appeared Marvin Kent, President of the
Atlantic and Great Western Railroad Company, who acknowledged that
by the authority of, and for and on behalf of said Company, he signed
the foregoing instrument and affixed the corporate seal of the Company
thereto, and that the same is his and its free and voluntary act and deed.
Witness my hand and seal the day and year aforesaid.
CHARLES B. BERNARD,
Notary Public.
i seal i
State of New Yoke, |
City and County of New York, f
Be it remembered, that on this 27th day of May, A. D. 1863, before me,
Edwin P. Corey, a Commissioner for the State of Ohio, in and for the State
of New York, duly commissioned and qualified, with power to take ac¬
knowledgments, etc., to be recorded in said State, personally appeared
Frederick Schuchardt and Azariah C. Flagg, known to me to be the same
persons described in and who executed the within instrument, and they
severally acknowledged the signing and sealing to be their voluntary
act and deed, for the purpose therein named.
In witness whereof, I have hereunto set my name and affixed
my official seal on the day and year above written.
EDWIN F. COREY,
Commissioner for Ohio in New York.
APPOINTMENT OP L. H. MEYER.
Application fob the Appointment of a Trustee under the first deed of
trust or mortgage of the Atlantic and Great Western Railroad Com¬
pany.
On consideration of the application filed by Messrs. Otis, Adams and
Russell in behalf of the holders of more than a majority of the bonds
secured by the first deed of trust or mortgage executed by the Atlantic
and Great Western Railroad Company to Azariah C. Flagg and Charles
S. Stedman, dated October 1, 1855, and a deed of further assurance exe¬
cuted by said Company to Azariah C. Flagg and Frederick Schuchardt,
dated May 23d, 1863, and the affidavit of Jarvis M. Adams, and with the
consent of the Atlantic and Great Western Railroad Company. It is
ordered by the Court that Louis H. Meyer, of the City of New York, be
and he is hereby appointed as a Trustee in the place of Azariah C. Flagg,
deceased, to execute the trusts created by and declared in said deed of
trust or mortgage, and said deed of further assurance, and it is further
ordered that upon the acceptance of this appointment by the said Louis
H. Meyer he shall become vested as such trustee with all the estate, rights,
14
interest, power and control conveyed to or vested in said Azariah C.
Flagg by said deed of trust or mortgage and by said deed of further as¬
surance, and shall faithfully perform all the duties required of him as
such trustee.
THE STATE OF OHIO, ) sg
Summit County. J
IN COURT OF COMMON PLEAS.
In the matter of appointment of Louis H Meyer, Trusee of the first
mortgage of the Atlantic and Great Western Railroad Company.
I, Louis H. Meyer, of the City of New York, do hereby accept the
appointment made by this Court, February 7th, 1874, of myself as a
Trustee, in place of Azariah 0. Flagg, deceased, to execute the trust
created by and declared in the deed of trust or mortgage executed by
the Atlantic and Great Western Railroad Company to Azariah C. Flagg
and Charles J. Stedman, dated October 1st, 1855, and the deed of further
assurance, executed by said Company to Azariah C. Flagg and Frederick
Schuchardt, dated May 23d, 1863, and agree to discharge said trust as by
said deeds the trustees thereunder are required and empowered.
Witness my hand and seal this Second day of March, A. D. 1874.
L. H. MEYER. [seal ]
Signed and sealed in the
presence of
August Ritter.
Ex Nobton.
G. L. Hoepunted.
THE STATE OF OHIO, I
Summit County. j •
I, George W. Weeks, Clerk of the Court of Common Pleas within and
for said County, hereby certify the above and foregoing to be a true copy
of the order and acceptance of said appointment entered upon the jour¬
nal of said Court in said case, and on record in this office.
Witness my hand and official seal, at the Court House,
in the City of Akron, this 17th day of July, A. D.
1874.
[Sig.] GEO. W. WEEKS,1 Clerk.
3 5556 042 1
52
478