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MORTGAGE OR DEED OF TRUST.
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1
Dated December 1890.
Evening Post Job Print, New York.
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4
made this twenty-seventh day of Decem¬
ber, in the year one thousand eight hundred and ninety, be¬
tween The Milwaukee Street Railway Company, a corpo¬
ration duly organized under the laws of the State of Wis¬
consin (and hereinafter called the Company), party of the
first part, and the Central Trust Company of New
York, a corporation duly organized under the laws of the
State of New York (and hereinafter called the Trustee),
party of the second part.
Whereas, The Company is authorized by the statutes
of the State of Wisconsin to construct, maintain and
operate street railways in the City and County of Milwau¬
kee, in the State of Wisconsin, and to manufacture and
*
generate and store electricity to be used in the operation
of its railways, and to sell, lease and otherwise use or dis¬
pose of such electric power as may not be required for
such operation;
And whereas, The Company has acquired and now
maintains and operates certain street railways, and has
acquired the electric plant and other property hereinafter
described, and proposes to acquire other street railways
and property, and to construct additions and extensions
of its existing street railways, for the purposes of the
corporation;
And whereas, The Company is indebted for certain of
the railways and property so acquired; and, under the
statutes of the State of Wisconsin, may, by vote of the
stockholders owning three-fourths of its capital stock,
borrow money to pay the amounts so owing and for the
purposes of the corporation, and issue its bonds for the
moneys so borrowed, and execute a mortgage or deed of
trust embracing therein all its property, real and personal,
Withdrawn from Crarar Libra#*
2
and all its rights, privileges and franchises, then owned
and which may thereafter be acquired by it, as security
for such bonds;
And whereas, The stockholders owning more than three-
fourths of the capital stock of the Company, at a meeting
of the stockholders thereof duly held, have by vote duly
resolved that the Company, in order to secure the pay¬
ment of its debts, and to borrow money for the purposes
of the corporation, make, issue and deliver, from time to
time, as needed for such purposes, its certain bonds, not
to exceed in the aggregate the amount of ten million dol¬
lars, such bonds to be for one thousand dollars each, to be
dated December 27th, 1890, to be payable in gold coin of the
United States, of the present standard, on the first day of
December, 1920, with interest thereon, in like coin, at the
rate of five per centum per annum, payable semi-annually
on the first days of June and December in each year, from
the first day of December, 1890, until the principal sum
is paid, and to have annexed interest coupons with the
fac-simile of the signature of the Treasurer impressed on
each thereof for each instalment of interest; such bonds to
be authenticated by a certificate endorsed thereon by the
Trustee of the mortgage securing the same;
And whereas, The said stockholders, at the said meet¬
ing, did, by vote as aforesaid, further resolve, that for the
purpose of securing the payment of the principal and in¬
terest of all of the said bonds, the Company make, execute,
acknowledge and deliver a Mortgage or Deed of Trust to
the Central Trust Company of New York, as Trustee, con¬
veying to said Trustee all of the property, real and personal,
of the Company, acquired and to be acquired, with the
appurtenances, and all the rights, privileges and fran¬
chises, tolls and revenues pertaining thereto, now owned
and hereafter to be acquired, such Mortgage or Deed of
Trust to be in such form and to contain such covenants
and provisions as the Board of Directors of the Company
shall think proper; and that the President and Secretary
3
of the Company on its behalf make and execute all such
bonds, and make, execute, acknowledge and deliver such
Mortgage or Deed of Trust to the said Trust Company, as
Trustee;
And whereas, The Board of Directors of the Company
has decided upon the form of such bonds and coupons,
and agreed with the Trustee upon the form of its certifi¬
cate, as follows:
UNITED STATES OF AMERICA,
State of Wisconsin.
$1,000. No
THE MILWAUKEE STREET RAILWAY
COMPANY.
Five Per Cent. Thirty Year Consolidated Mort¬
gage Gold Bond.
For value received, The Mihvaukee Street Railway Com¬
pany, a corporation duly organized under the laws of the
State of Wisconsin, hereby promises to pay to the Central
Trust Company of New York, as Trustee, or to the bearer
or registered owner hereof, at the agency of the said Rail¬
way Company in the City of New York, on the first day of
December, 1920, the sum of one thousand dollars, in
gold coin of the United States of America, of the present
standard, and to pay interest thereon, at the rate of five
per centum per annum, in like coin, at such agency, on
the first days of June and December in each year, from
I)( )cemher 1, LS90, until said principal sum is paid,
upon presentation and surrender of the annexed coupons,
as they severally become due and payable, free from all
United States, State and municipal taxes that may be re¬
quired by law to be deducted by said Railway Company
4:
from said interest, said Railway Company hereby assum¬
ing to pay the same.
This bond is one of an issue of bonds of like amount,
tenor and date, not exceeding in the aggregate ten mil¬
lion dollars, numbered consecutively from one upwards,
all of which bonds are equally secured b}r a Consolidated
Mortgage or Deed of Trust, dated the 27th day of
December, 1890, duly made by the said Railway Com¬
pany to the said Trust Company, as Trustee, and duly re¬
corded, conveying to the said Trustee all the property,
real and personal, of the said Railway Company, now
owned and hereafter to be acquired, together with
all its incomes, rights, privileges and franchises as
set forth in said Mortgage, and upon the trusts, terms
and conditions, and for the purposes therein provided.
If default in the payment of any interest on any of the
said bonds be made and continue for six months after
such interest shall have been duly demanded in writing,
the principal of all said bonds may become due and pay¬
able as provided in said Mortgage.
This bond may be registered, as to the payment of the
principal, upon the books of the said Railway Company,
at its registry in the City of New York, in the manner
provided in the said Mortgage; but such registration shall
not affect the negotiability of the coupons by delivery.
After such registration no transfer of this bond, except
upon the said books, shall be valid unless the last transfer
made on such books shall have been to bearer. This bond
shall continue subject to successive registrations and trans¬
fers to bearer as aforesaid, at the option of the owner.
This bond shall not be valid unless authenticated by the
certificate of the Trustee of said Mortgage endorsed
hereon.
In witness whereof, The Milwaukee Street Railway
Company has caused this bond to be signed by
its President, and its corporate seal to be hereto
affixed and attested by its Secretary, and the
fac-simile signature of its Treasurer to be im-
5
pressed upon the coupons hereto annexed, this
twenty-seventh day of December, 1890.
The Milwaukee Street Railway Company,
By
President.
Attest:
Secretary.
[form of coupon.]
$25. Coupon No
The Milwaukee Street Railway Company will pay to the
bearer, on the first day of , 18 , at its
agency in the City of New York, twenty-five dollars, in
gold coin of the United States of America, being six
months interest due on that day on its Consolidated Mort¬
gage Gold Bond No.
Treasurer.
[trustee's certificate.]
The Central Trust Company of New York, as Trustee,
hereby certifies that this bond is one of the authorized issue
of bonds to secure which the within mentioned Mortgage
has been executed to this Company.
Central Trust Company of New York,
By
President.
And whereas, The Board of Directors of the Company
has decided upon the form of this Mortgage or Deed of
Trust, with the covenants and provisions herein expressed;
6
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the
Company, for and in consideration of the premises and
the sum of one dollar received by it from the Trustee,
and in order to secure the due and punctual payment of
the principal and interest of all of the bonds issued here¬
under and at any time outstanding, does hereby convey
and assign unto the Trustee, its successors and assigns, for¬
ever, all and singular the railways, franchises and other
property of the Company, described as follows:
The railways now owned by the Company iti the City
of Milwaukee, in the County of Milwaukee, in the State
of Wisconsin, viz.:
Commencing at the corner of Burleigh and Third streets,
thence south on Third street to its intersection with West
Water street, thence southeasterly on West Water street
to and over Menomonie Bridge, thence south on Reed
street to its intersection with Greenfield avenue, thence
west on Greenfield avenue to its intersection with Fourth
avenue, thence south on Fourth avenue to its intersection
with Windlake avenue, being five and fifty-two hundredths
miles of double track;
Also commencing at the west line of Fourth avenue,
thence west on Greenfield avenue to Washington or
Twenty-second avenue, being 2T51J4(J\ miles of single track;
Also, commencing at the intersection of Twenty-seventh
and Walnut streets, thence east on Walnut street to its
intersection with Third street; also, commencing at the in¬
tersection of Reed street and National avenue, thence west
on National avenue to its intersection with Washington
or Twenty-second avenue, being three and four hundred
and fifty-two thousandths miles of double track;
Also, commencing at the intersection of Wright and
Twelfth streets, thence east on Wright street to its inter¬
section with Eighth street, thence south on Eighth street
to its intersection with Germania street, thence south¬
easterly on Germania street to its intersection with
Seventh street., thence south on Seventh street to its in-
7
tersection with State street, thence east on State street to
its intersection with Third street; also, commencing at the
intersection of Reed and Washington streets, thence west
on Washington street to its intersection with Eleventh
avenue, being two and ninety-nine hundredths miles of
double track;
Also, commencing at the intersection of Chestnut
and Twenty-seventh streets, thence east on Chestnut
street to its intersection with Third street; also, commenc¬
ing at the intersection of West Water and Sycamore
streets, thence west on Sycamore street to its intersection
with Third street, being one mile and eight hundred and
fifty-four thousandths (lTWo) °f a ra^e °f double track ;
Also, commencing at the intersection of Third and
West Water streets, thence south on Third street to its in¬
tersection with Sycamore street, being thirty-five hun¬
dredths of a mile of double track ;
Also, commencing at the intersection of State and Third
streets, thence east on State street to and over State Street
Bridge, thence east on Martin street to its intersection
with Broadway, thence south on Broadway to its inter¬
section with Michigan street, thence east on Michigan
street to the depot of the Chicago and Nort western Rail¬
way Company, being one mile and two hundred and
seventy-five thousandths of a mile of double track ;
Also, commencing at the intersection of Third and
Chambers streets, thence west on Chambers street to its
intersection with Eighth street; also, commencing at the
intersection of Burleigh and Eighth streets, thence south
on Eighth street to its intersection with Wright street,
being one mile and four hundredths of a mile of double
track ;
Also, commencing at the intersection of Broadway and
Michigan street, thence south on Broadway to Huron
street, thence west on Huron street to East Water street,
being three hundred and sixty-six one-thousandths of a
mile of single track ;
Also, commencing at the intersection of National
avenue and Eleventh avenue, thence south on
8
Eleventh avenue to Greenfield avenue, thence southwest
on Muskego avenue to Forest Home avenue, being one
mile and four hundred and sixty-five thousandths of a mile
of double track;
Together with the sidings, turnouts, switches and turn¬
tables now connected with any of said railways, and all
stringers, ties, rails, frogs and other appurtenances now
or hereafter belonging to any of said railways, sidings,
turnouts, switches or turntables;
Also, the following tracts of land now owned by the
Company in said City or said County of Milwaukee:
Lots six (6), seven (7), eight (8), nine (9), and ten (10),
in block two hundred and seventy-nine (279) in Hawley's
Addition No. Two (2), in the Fifteenth Ward, being the
southeast corner of Chestnut and Twenty-seventh streets,
on which is situated one two-story brick veneered horse-
barn, eighty-five (85) by one hundred and ten (110) feet,
known as Barn No. Four (4), and one two-story brick
veneered car house, forty-five (45) by one hundred and ten
(110) feet, known as Car House No. Four (4);
Lots one (1) and four (4), in block one (1), in Pierce's
Addition to the City of Milwaukee, being the northeast
corner of Burleigh and Third streets, on which is situated
the brick veneered barn one hundred (100) by one hun¬
dred and fifty (150) feet (south one-half three stories, north
one-half two stories), known as Barn No. Five (5) and Car
House No. Five (5);
Lots five (5), six (6), thirteen (13) and fourteen (14), in
block Three, (3), in Dunlap's Subdivision in the Fourteenth
Ward, on Muskego avenue, on which is situated one two-
story frame horse and car barn fifty (50) by seventy-five
(75) feet, known as Barn No. Three (3);
The east half of the following described eight and
three-tenths (8T3o) acres of land, being a part of the
southeast quarter (|) of section thirty-six (36), township
seven (7), range twenty-one (21), County of Milwau¬
kee, and bounded as follows : Beginning at the north¬
east corner of said southeast quarter (J) of section thirty-
six (30), thence running west on north line of said quarter
9
section in the centre of the Waukesha plank road,
two and twenty-seven hundredths (2Ty¥) chains, thence
running south eighty-four (84) degrees west, along the
centre of said road, five and fifty-one hundredths (5TVo)
chains, thence running south ten and fifty-six hundredths
(10TVo) chains to the centre of the Mequonego Road,
thence north eighty-five degrees east, seven and ninety-
five and one-half hundredths (7-®-f^-) chains to the east
line of said quarter section, thence north along said section
line ten and fifty-one hundredths (10t5qV) chains to the
northeast corner of said quarter section, the place of
beginning, being on National avenue, on the north one
hundred and fifty (150) feet of which is situated a dwelling-
house;
The west seventy-five (75) feet of lot (4) in block fifty-
nine (59), on the east side of Second street, in the Fourth
Ward, on which are situated two one-story brick veneered
buildings, fifty (50) by seventy-five (75) feet, known as
Horseshoeing Shop and Buggy Barn;
Lot six (6), in block fifty-nine (59), on the east side of
Second street, in the Fourth Ward, on which is situated
one three-story brick veneered building, fifty (50) by one
hundred and fifty (150) feet, known as Barn No. One (1);
The south thirty (30), feet of lot five (5) in block sixty
(60), on the west side of Second street, in the Fourth
Ward, on which is situated one two-story brick veneered
building, thirty (30) by one hundred and fifty (150) feet,
known as Car House No. Two (2);
Lot six, in block sixty (60), on the east side of Third
street, in the Fourth Ward;
Lot eight (8), in block sixty (60), on the west side of
Second street, in the Fourth Ward, on which is situated
one brick veneered building, three stories, fifty (50) by
one hundred and fifty (150) feet, known as Barn No.
Two (2);
Lot nine (9), in block sixty (60), on the west side of Sec¬
ond street, in the Fourth Ward, on which is situated one
brick veneered three-story building fifty (50) by one hun-
10
dred and fifty (150) feet, known as Car House No.
Three (3);
So much of lots five (5) and eight (8), in block fifty-nine
(59), Fourth Ward (4), as is bounded by a line, commenc¬
ing at the northeast corner of said lot five (5), running
thence southeasterly along the westerly line of West
Water street forty (40) feet to a point, thence in south¬
westerly direction forty-seven fifty-three one hundredths
(47t503o) fee^ to a point in lot eight (8), said point being ten
(10) feet south of the north line of said lot eight (8), thence
west fifty-five sixty one hundredths (55r6/7) feet to a point
in the west line of lot eight (8), thence north along the
west line of lots eight (8) and five (5), sixty (60) feet to the
northwest corner of lot five (5), thence east along the
north line of said lot five (5) seventy-three seventy-five
one hundredths (73TVo) feet to the point of commencement;
Also, the following described real estate in the City and
and County of Milwaukee, formerly the property of the
Badger Illuminating Company and now owned by the
Company:
Southwesterly thirty-five (35) feet and three (3) inches
of lot ten (10) in Block thirty-two (32) in the Second Ward
of the City of Milwaukee, according to the recorded plat
of said city;
Also, Lot No. Eleven (11) in Block No. Thirty-two in
the Second Ward of the City of Milwaukee, according to
the recorded plat of said city;
Also all tracts of land and interests in lands which the
Company shall acquire.
Together with all power houses, car houses, station
houses, supply shops, machine shops, barns, stables,
offices and other structures now or hereafter constructed
on any tracts of land now owned or hereafter acquired
by the Company, with all furniture and appurtenances
belonging to any of said structures;
*
11
Also all power stations, poles, wires, conduits, insula¬
tors, and other electrical fixtures now owned by the Com¬
pany, and all which it shall acquire.
Also all cars, snow-ploughs, and other vehicles and
equipment, boilers, engines, dynamos, motors, electrical
apparatus, locomotives, dummy-engines, machinery, tools
and implements now owned by the Company, and all
which it shall acquire.
Also all horses, mules and harness now owned by the
Company, and all which it shall acquire.
Also all the property, grants, rights, privileges, fran¬
chises, immunities and exemptions which the Company
now has and all which it shall hereafter acquire under
ordinances of the Municipal Corporation of the City of
Milwaukee, or under grant from any county, or under
consents of Supervisors of any town or of the Board of
Trustees of any village, or otherwise.
Also all other railways, rights of way, leasehold in-,
terests and other property, and all franchises which the
Company now has, and all which it shall acquire.
Also all future tolls, incomes, rents and revenues from
said railways and said other property.
To have and to hold all and singular the railways
and other property and the rights, privileges and fran¬
chises hereby conveyed or intended so to be, together
with all and singular the reversions, remainders, tolls,
rents, revenues, incomes, issues and profits, privileges and
appurtenances now or hereafter belonging or in anywise
appertaining thereto, unto the Trustee and its successors
and assigns, in fee simple, forever. In trust nevertheless,
and upon the trusts and under the provisions hereafter ex¬
pressed concerning the same, for the pro rata benefit of
all holders of bonds duly issued under this Mortgage, and
to secure the payment of the principal and interest of all
such bonds according to their terms and the terms of this
>
12
Mortgage, without any preference or priority of one bond
over another by reason of priority in time of issue or
negotiation thereof or otherwise, and for the uses and pur¬
poses hereinafter expressed; provided, hoivever, that if the
Company shall pay the principal and interest of all of said
bonds according to their terms and the terms of this Mort¬
gage, and the reasonable compensation and lawful charges
of the Trustee, all the estate, title and interest of the Trus¬
tee in said railways and other property and in said rights,
privileges and franchises, and all liens thereon by reason
of this Mortgage, shall thereupon cease: and provided,
further, that until default shall be made by the Company
in the payment of the principal or interest of any of the said
bonds hereby secured, or until default shall be made in re¬
spect of some act or thing, obligation or agreement herein
required to be done, performed or kept by it, the Company
shall be permitted to possess, manage, operate, use and
enjoy the said railways and other property, and the equip¬
ment and appurtenances, and the said rights, privileges
and franchises, and to take and use the tolls, incomes,
revenues, rents, issues and profits thereof, as if this mort¬
gage had not been made; and provided further, that the
said bonds shall be issued by the Company and held by the
owners, and the said mortgaged property and franchises
shall be held by the Trustee, its successors and assigns,
upon and for the following additional trusts, uses and
purposes, namely:
Article First.—The Company agrees to pay said
principal sums of money mentioned in the said bonds
issued hereunder, together with the semi-annual interest
to become due thereon, according to the terms thereof and
of this mortgage, without deduction from principal or in¬
terest for any taxes, assessments, or governmental or other
charges legally imposed on the mortgaged property or fran¬
chises, the Company hereby assuming to pay the same, all
at the times and in the manner and at the places herein
and therein specified, and that such bonds shall be issued
to an aggregate amount not exceeding ten million dollars.
13
No purchase or sale of any coupon on any of said bonds,
nor any loan or advance upon, nor redemption of the same,
by or on behalf of the Company, directly or indirectly, shall,
as between the purchaser of such coupons and the holders
of such bonds, operate as keeping such coupons or any
part thereof alive or in force as a lien upon the mort¬
gaged property against the holders of said bonds, or the
holders of the other coupons; and the Company agrees to
cancel the coupons as they mature and are paid.
The Company further agrees that-it will at all times
hereafter pay and discharge all taxes and assessments,
whether Federal, State, county or municipal, which are or
may hereafter be lawfully assessed or imposed upon the
said property or franchises, at the time or times when the
said taxes or assessments shall be respectively due and
payable; and will not suffer any liens superior to the lien
of this mortgage to attach to any part of said property or
franchises, and will not suffer any waste thereof. Should
the Company fail to pay any such tax, assessment or other
charge, or suffer any lien to attach, the Trustee may pay
and discharge the same.
The Company agrees to keep the buildings erected and to
be erected upon the lands above mentioned and all the
works thereon or appurtenant thereto, and the horses,
mules, motive power and equipment at any time covered
by this mortgage, insured against loss or damage by fire,
by reputable insurance companies, to an amount not less
than two thirds of the cost of the property insured, and to
assign the policy or policies thereof to the Trustee as
further security for the bonds issued hereunder; and in de¬
fault thereof, it shall be lawful for the Trustee to effect such
insurance, and the premiums paid for effecting the same
shall be a lien on the said property and be forthwith due
and payable by the Company. The proceeds of any such
policy of insurance shall be applied, under the direction of
the Trustee, to the replacement and reconstruction of the
destroyed or damaged property, or otherwise for the benefit
of the mortgaged property.
14
The Company further agrees properly to maintain all
property at any time covered by this mortgage, repairing,
renewing and replacing the same, as may be necessary, and
to keep the railways covered hereby supplied with sufficient
equipment and motive power, and properly to operate said
railways and preserve the rights, privileges and franchises
relating thereto, except as hereinafter provided.
Article Second.—Upon the execution and recording
of this mortgage, the Company shall execute and deliver
to the Trustee five thousand three hundred of the bonds
authorized to be issued hereunder, amounting at par to
five million three hundred thousand dollars, with all
coupons thereto belonging.
The Trustee shall thereupon certify and return to the
Company four thousand three hundred of the said bonds,
amounting at par to four million three hundred thousand
dollars, with all coupons thereto belonging; and the re¬
ceipt therefor of the Treasurer of the Company shall be
full acquittance and authority to the Trustee for such
certification and delivery.
The Company agrees that $2,500,000 in amount, at par,
of said bonds, so returned to it, shall be used for the acqui¬
sition of the railways and other property of the Milwaukee
City Railroad Company and one electric plant, and the
equipment of said railways with electric motive power,
and the perfecting of the tracks thereof for the purpose
of operating the same with such power.
The Trustee shall certify and retain in its possession
one thousand of the said five thousand three hundred
bonds, with all unmatured coupons thereto belonging,
and shall deliver the same, from time to time, to the
holders of the certain one thousand First Mortgage Bonds
of the Milwaukee City Railroad Company, for $1,000 each,
dated December 1, 1888, on surrender by the said holders,
to the Trustee, in exchange therefor, of an equal amount,
at par, of the said First Mortgage Bonds of the Milwaukee
15
City Railroad Company, with all unmatured and unpaid
coupons thereto belonging.
It is agreed, as a condition of every such surrender and
exchange, that all of the said First Mortgage Bonds so
surrendered shall he held in trust by the Trustee, under
the provisions of this mortgage, as further security for all
the bonds issued hereunder and at any time outstanding,
until all of the said First Mortgage Bonds (except such as
shall have been lost or destroyed, and for which satis¬
factory evidence of such loss or destruction, together with
a proper bond of indemnity, shall have been given to the
Trustee), shall have been surrendered and canceled, and
until the mortgage securing said First Mortgage Bonds
shall have been canceled and satisfied of record.
All such First Mortgage Bonds so surrendered shall
forthwith be stamped by the Trustee with the words:
"This bond is surrendered to and held in trust by the
Central Trust Company of New York, under the provisions
of the Consolidated Mortgage of The Milwaukee Street
Railway Company, dated December 27, 1890.
Central Trust Company of New York,
By
Vice-President
No payments, by way of interest or otherwise, on any
of said First Mortgage Bonds so held in trust, shall be
made or demanded, unless default be made in the pay¬
ment of interest or principal of any of said First Mort¬
gage Bonds unsurrendered and outstanding, and fore¬
closure or other proceedings be taken, on motion of the
holders of said bonds, to enforce a remedv under said
7 *7
First Mortgage, in which event, the Trustee shall demand
and enforce payment of all sums due, whether for in¬
terest or as principal, on any of said First Mortgage Bonds
/
16
then held by it in trust hereunder, and as holder of such
bonds it shall take such action as shall be necessary to
avail of the security created for said bonds by said First
Mortgage.
Whenever all of the said First Mortgage Bonds shall
have been surrendered to the Trustee in exchange as afore¬
said (except such as shall have been lost or destroyed, and
for which satisfactory evidence of such loss or destruc¬
tion, together with a proper bond of indemnity, shall have
been given to it), the Trustee shall thereupon cancel all
such First Mortgage Bonds and deliver the same, so can¬
celed, to the Company, and shall cause the said First Mort¬
gage securing the same to be canceled and satisfied of
record.
The Company may at any time execute and deliver to
the Trustee any or all of the remaining four thousand
seven hundred bonds authorized to be issued hereunder,
with all unmatured and unpaid coupons thereto belong¬
ing.
The Trustee shall thereupon certify all such bonds so
delivered, and shall retain the same, with all such coupons,
in its possession, and shall deliver the same, with all such
coupons, to the Company, to the number called for, from
time to time, upon a certificate, signed by the President
or Vice-President and Treasurer of the Company, by
authority of the Board of Directors, to the effect that
additional properties or improvements have been acquired
or contracted for by the Company, actually costing or to
cost, free from incumbrances, the amount to be realized
from the number of bonds so requested to be delivered.
It is expressly agreed that none of the bonds secured by
this mortgage, except as hereinbefore specifically otherwise
provided, shall be delivered to the Company except with
respect to property acquired or contracted for, which
property, when acquired, shall be free from all mortgages,
liens or encumbrances except the lien of this mortgage;
and it is further agreed that none of the said bonds shall
be issued by the Company except for money, labor or
property estimated at its true money value equal to at least
eighty per centum of the par value thereof.
The Trustee shall cancel all coupons for interest on all
of the bonds so retained by it, which shall mature while
such bonds are in its possession, and shall deliver all such
coupons to the Company, so canceled, as the same
mature.
Arlicle Third.—The title to the bonds issued hereun¬
der, and all the rights and benefits arising thereupon, shall
pass by delivery, or, at the option of the owner, by regis¬
tration and transfer as hereinafter provided, as to the pay¬
ment of the principal thereof, but not of the interest
thereon.
Any of the said bonds may be registered on books to be
provided for that purpose, at the Registry of the Company
in the City of New York, on application by the owner
thereof, in person or by attorney, and presentation of such
bonds at the said place for such purpose, without charge
to the bondholder therefor.
After such registration as to the payment of the princi¬
pal, such principal shall be payable only to the registered
owner of such bonds, unless or until such bonds are
transferred on said books to bearer; but such registration
as to the payment of the principal, shall not restrain
the negotiability of the coupons by delivery. After such
registration as to the payment of the principal, such
bonds shall be transferable only in writing upon said books
by the registered owner or his attorney, either to a regis¬
tered owner or to bearer; and such registration and trans¬
fer shall be noted by endorsement in writing upon such
bonds by the duly appointed Registrar or transfer agent
of the Company; and such bonds shall continue subject to
successive registrations and transfers to bearer, at the
option of the owner.
And the Company agrees that so long as any of the
bonds hereby secured are outstanding, it will maintain
an office, agency, or place of registry for purposes of
registration of bonds, as aforesaid, in the City of New
York; and that the books of registration so to be provided
by it shall at all reasonable times be open to the inspection
of the bondholders.
Article Fourth.—In case default shall be made in
the payment of any instalment of interest on any of the
bonds issued hereunder, and shall continue for the period
of six months after payment of such interest shall have
been duly demanded in writing, then and thereupon the
principal of all the bonds secured by this mortgage shall, at
the election of the Trustee,become immediately due and pay¬
able. Provided that a majority in interest of the holders
of all said bonds issued hereunder and then outstanding,
may, in writing or by a vote of such majority at a meeting
duly held as herein provided, at any time after such de¬
fault, declare or instruct the Trustee in such case to declare
that upon the expiration of said period after such default
and demand, the said principal shall become immediately
due and payable as aforesaid, and the same shall thereupon
become immediately due and payable; or such majority
may, in like manner, at anytime after such default, waive
or instruct the Trustee to waive the right so to declare, or
may direct the Trustee to refrain from making such elec¬
tion and declaration, on such terms and conditions as such
majority may deem proper, and may annul or reverse the
previous election made or action taken by the Trustee in
that behalf, whereupon said principal sum shall immedi¬
ately cease to be due and payable; provided, always, and
it is hereby declared that no such action of the Trustee or
bondholders shall extend to or he taken to affect any de¬
fault in the payment of subsequent instalments of interest
on any of said bonds, or to impair the rights resulting
from such subsequent default.
19
Article Fifth.—In case default shall be made in the
payment of any interest on any of the bonds issued here¬
under, and shall continue for the period of six months
after payment of such interest shall have been duly de¬
manded in writing, or in case default shall be made in the
payment of the principal of any of said bonds, then and in
any and every such event, upon a requisition in writing,
signed by the holders of not less than one-third in amount of
the said bonds then outstanding, and upon adequate indem¬
nity against all costs, expenses and liabilities to be by the
Trustee incurred, it shall be lawful for, and it shall be the
duty of the Trustee personally or by its attorneys or
agents to enter into and upon all and singular the said
property, rights and franchises then covered by this Mort¬
gage, and each and every part thereof, and to exclude
the Company and its agents wholly therefrom and
(who shall forthwith surrender the same to the Trustee),
to have, hold, manage, operate, control and use the
same, either personally or by its superintendents, mana¬
gers, receivers, agents, servants or attorneys, and conduct
the business thereof, and exercise the franchises pertaining
thereto; to make, from time to time, at the expense of the
trust estate, all repairs and replacements, and such useful
alterations, additions and improvements thereto as may
seem to it to be necessary or judicious; and to collect and
receive all income, rents, issues and profits of the same,
and of every part thereof; and after deducting the ex¬
penses of operating said property and conducting the
business thereof, and of all repairs, replacements, altera¬
tions, additions and improvements as aforesaid, and all
payments which may be made for taxes or assessments,
if any, prior to the lien of this Mortgage upon the said
property, or any part thereof, as well as a just and
reasonable compensation for its own services and for
the services of all agents, clerks, servants or other em¬
ployees by it properly engaged or employed, to apply the
moneys arising as aforesaid to the payment of the interest
20
in arrear, or which shall fall due on the outstanding bonds
secured hereby in the order in which such interest shall
have become due and payable, ratably to the persons en¬
titled to such interest, and after paying all such interest
which shall have become due and payable, to apply the
said moneys to the satisfaction of the principal of the
aforesaid bonds which may be at that time due and un¬
paid, if the principal shall have become due and payable
as herein provided, ratably, without discrimination or
preference; provided, that if after such entry, the arrears
of interest shall be fully discharged out of the net income of
such property, and if such principal shall not have become
so due and payable, then the Trustee shall restore said
property to the Company, to possess, manage, operate
and enjoy the same, in like manner as before such entry,
but without prejudice to the right of the Trustee to enter,
as herein provided, for any subsequent default.
Article Sixth.—In case default shall be made in the
payment of any interest on any of the bonds issued here¬
under, and shall continue for the period of six months
after payment of such interest shall have been duly de¬
manded in writing, or in case default shall be made in the
payment of the principal of any of said bonds when the
same shall become or be declared due and payable as in
this mortgage provided, or in case default shall be made
in the performance of any covenant, agreement or stipu¬
lation herein contained 011 the part of the Company to be
kept or performed, then, and in either and any and every
such case, it shall be lawful for the Trustee, and upon a
requisition in writing, signed by the holders of not less
than one-third in amount of the said bonds then out¬
standing, and adequate indemnity against all costs, ex¬
penses and liabilities to be by it incurred, it shall be the duty
of the Trustee to proceed to enforce the rights and liens
of the bondholders under this mortgage, either by fore¬
closure or by any other appropriate proceeding in any
21
proper court, by way of remedy, as the Trustee, being
advised by counsel learned in the law, shall deem most
effectual to enforce such rights, or as such requisition
may specify; subject to the power, hereby declared, of a
majority in interest of the holders of said bonds then out¬
standing, in writing, or by a vote of such majority at a
meeting duly held as herein provided, to instruct the
Trustee to waive any such default; provided, that no
action of the Trustee or of the bondholders, in waiving
a default, shall extend to, or be taken to apply to, or
affect, any subsequent default, or impair the rights of
the Trustee or of the bondholders resulting from such
subequent default. It being understood, and it is hereby
expressly declared, that the rights of entry and sale here¬
under granted are intended as cumulative remedies,
additional to all other remedies allowed by law, and that
the same shall not be deemed in any manner whatso¬
ever to deprive the Trustee, or the beneficiaries under
this trust, of any legal or equitable remedy by judicial
proceedings, according to the true intent and meaning
hereof. The right to take proceedings for the foreclosure
of this mortgage is vested exclusively in the Trustee, pro¬
vided that the Trustee shall take such proceedings within
a reasonable time after the making of such requisition
and offer of such indemnity as aforesaid.
Article Seventh.—In case default shall be made in
the payment of any interest on any of the bonds issued
hereunder, and shall continue for the period of six months
after payment of such interest shall have been duly de¬
manded in writing, or in case default shall be made in the
payment of the principal of any of said bonds when the
same shall become or be declared due and payable as in
this mortgage provided, then and in either and any and
every such case, upon requisition and indemnification as
hereinbefore provided, it shall be lawful for, and it shall be
the duty of the Trustee, after entry as aforesaid or other
22
entry or without entry, personally or by its attorneys or
agents, to sell and dispose of all and singular the said
mortgaged property and franchises, and all the estate,
right, title and interest of the Company therein or thereto,
to the highest and best bidder or bidders, at public auction,
in the City of New York, and at such time as it shall appoint,
having first given public notice of the time and place of
such sale, by advertisement published at least thirty con¬
secutive days before the date of sale, in one or more news¬
papers of general circulation, published in the City of New
York and the City of Milwaukee, Wisconsin, with the
right to adjourn the said sale or sales from time to time
in the discretion of the Trustee, giving such notice of
such adjournments as it may deem reasonable, and if so
adjourning, to make the said sale at the time to
which the same may be so adjourned, and, on receiving
full payment therefor, to make and deliver to the pur¬
chaser or purchasers thereof good and sufficient deed or
deeds in law for the property in fee simple; which sale,
made as aforesaid, shall be a perpetual bar, both at law and
in equity, against the Company and all other persons law¬
fully claiming or to claim the said mortgaged property
and franchises so sold, or any part thereof, or any interest
therein, by, from, through or under it. And after de¬
ducting from the proceeds of such sale just allowances
for all expenses of the said sale, including attorneys' and
counsels' fees and all other proper expenses, advances or
liabilities which may have been made or incurred by the
Trustee in operating said property, or in maintaining the
same, or in managing the business of the Company while
in possession, and all payments which may have been
made by it for taxes and assessments, as well as com¬
pensation for its own services, it shall be lawful for the
Trustee, and it shall be its duty, to apply the residue of
said proceeds to the payment of the interest and principal
of said bonds secured hereby, ratably, to the aggregate
amount of such unpaid principal and accrued and unpaid
interest; and after satisfaction of all such bonds, with the
23
interest thereon, to pay over the surplus of such proceeds
as shall remain, to the Company or to such parties as may
then be entitled to receive the same.
Article Eighth.—It is hereby provided, declared and
agreed that in case any foreclosure or other sale shall be
made of the said property and franchises in execution of the
provisions of this Mortgage, the purchaser or purchasers at
such sale shall be entitled, in making payment of the pur¬
chase price, to turn in and use any of the bonds and cou¬
pons secured by this Mortgage then matured and unpaid,
towards the payment of said purchase price, reckoning
said bonds and coupons for that purpose at a sum equal to,
and not exceeding, that which would be payable, out of
the net proceeds of said sale, to the holder or holders of
such bonds and coupons so turned in, as his or their just
share thereof, upon a due accounting concerning such net
proceeds and a due apportionment and distribution thereof,
and after allowing for the proportion of payments which
may be required by the Court having jurisdiction of the
foreclosure to be paid in cash for the expenses of the trust
and of the sale or other purpose ; but if the amount which
would be so payable, out of such net proceeds, upon such
an accounting, apportionment and distribution, to the
holder or holders of such bonds and coupons so turned in,
be less than the amount for which the Company may be
liable on such bonds and coupons, then the receipt endorsed
thereon, under the supervision of such Court, by the holder
of such bonds and coupons, for the amount to be so allowed
or credited thereon, shall be sufficient as to such payment.
Article Ninth.—The Company, for itself, its succes¬
sors and assigns, hereby irrevocably waives all benefit and
advantage of any and all valuation, stay, appraisement,
redemption and extension laws now existing, or which
may hereafter be passed, which, but for this waiver,
24
might be availed of to prevent or postpone the foreclosure
or absolute sale of such mortgaged property and franchises.
Article Tenth.—The Company, so long as there is
no default in the payment of any interest or of the princi¬
pal of any of the bonds secured by this mortgage, or in,
any of the agreements of the Company herein set forth
shall have the right to sell or otherwise dispose of, free
from any lien created hereby, any horses, mules, harness,
cars or other equipment, furniture, rails, boilers, dynamos,
machinery, apparatus, tools, or implements which shall
become old, worn out or unfit for use or shall not be re¬
quired in the operation of said railways; and shall have
the right, twenty days after written notice to the Trustee
of its intention, but subject to the control of the Trustee
by specific objection in writing given within that time, to
sell or otherwise dispose of, with like effect, any other of
the property covered by this mortgage, real or personal,
except said railways and said rights and franchises under
ordinances and other franchises; and the Company shall,
so long as there is no default as aforesaid, have the right,
with the written assent of the Trustee, to abandon or
dispose of, with like effect, any part of its railways and
the rights and privileges pertaining thereto, upon the sub¬
stitution therefor of a line of railway, certified in writing
by the President of the Company, duly authorized by the
Board of Directors, to be a preferable line, with appropriate
rights and franchises, or upon the filing, with the
Trustee, of a certificate, authorized and made in
like manner, to the effect that such part of the
Company's railways and the rights and privileges
pertaining thereto are unnecessary for the proper
conduct of the Company's business. The Company
shall apply the proceeds of any sale of property covered
hereby to the replacement of the property sold, or other¬
wise for the benefit of the mortgaged property. Any
property substituted or acquired with the proceeds of any
sale of property covered by this mortgage, and any rail-
25
way, electric power station and plant and any franchises
substituted for any railway, electric power station and
plant and any franchises covered hereby, shall forthwith
be subject to the terms of this mortgage, and shall, upon
the written request of the Trustee, be conveyed by the
Company to the Trustee, to be held upon the trusts hereby
created.
Article Eleventh.—The Company and the Trustee
severally agree/ upon reasonable request, to execute such
further instruments and to do such further acts as may
be necessary or proper to carry out more effectually the
purposes of this mortgage; and the Company agrees to
execute, acknowledge and deliver to the Trustee, from
time to time, all such deeds, conveyances and instruments
as may be necessary or proper to place under the lien of
this mortgage all additional properties, improvements,
grants, rights, privileges, franchises, immunities and ex¬
emptions which the Company shall hereafter acquire.
Article Twelfth.—The Company covenants that the
property above described is, at the time of the execution
and delivery of this mortgage, free from all former and
other grants, titles, charges, estates, judgments, liens and
encumbrances of whatever nature, except a certain first
mortgage made on the first day of December, 1888, by the
Milwaukee City Railroad Company to the Central Trust
Company of New York, as Trustee, and covering the
property therein described.
Article Thirteenth.—Meetings of the holders of bonds
issued hereunder may be held upon the call of the Trustee
or of the holders of one-fifth in amount of said bonds then
outstanding. Such meetings shall he held in the City of
New York, and notice of the time and place, with a general
statement of the purpose of the meeting, shall he given by
26
publishing the same once a week for at least the two suc¬
cessive weeks immediately preceding the meeting, in two
newspapers published in said city, and of good circulation in
the business community thereof. Any such meeting may
be continued or adjourned from time to time, and holders
of said bonds may attend and vote thereat in person or by
proxy, each of said bonds entitling the holder or registered
owner thereof to one vote; provided, that a majority in in-
terestof the then outstanding bonds, in person or by proxy,
shall be required to constitute a quorum at any such meet¬
ing, except that less than a quorum may adjourn from
time to time; and provided, further, that any vote of such
meeting affecting or intended to affect any person or cor¬
poration, including the parties hereto or their successors,
may, by such person or corporation to be affected, be re¬
quired to be authenticated under the hands of the persons
so voting.
Any bondholder present at any such meeting may require
the ownership of bonds by the persons claiming to be such
owners, to be evidenced by the production of the bonds;
and whenever, under any of the provisions of this
mortgage, effect is to be given to the election, act, appoint
ment or assent of a majority, or any specified amount or
proportion of the bonds secured hereby, any person whose
interests are to be affected by such action, may require
that the ownership of said bonds at the time of such
action by the person claiming to be such owner, shall be
vouched for by the affidavit of such person, or his duly
authorized agent or attorney having possession of the
bonds, stating such ownership of the bonds at the time of
such action, and giving their numbers and amounts, wThich
affidavit shall be received as prima facie evidence of the
fact, but subject to question of its verity in any legal
proceeding or controversy.
Any requisitions, requests, proxies, powers of attorney,
or other instruments signed by bondholders, pursuant to
any provision of this mortgage, may be in any number of
parts, and shall be acknowledged before an officer
27
authorized to take acknowledgment of deeds at the
place of execution.
Article Fourteenth.—The word " Trustee," as used
in this mortgage, shall be construed to mean the Trustee,
party of the second part, or its successors or assigns; and
such successors or assigns shall be vested with and shall
be entitled to exercise all the rights, powers, property,
estate and trusts hereby granted to or conferred upon the
party of the second part hereto.
The Trustee shall not be liable for any error or mistake
made by it in good faith, but only for gross negligence or
wilful negligence or wilful default in the discharge of
its duties as Trustee; and it shall be entitled to reasonable
compensation for all services by it rendered in the execu¬
tion of the powers and duties herein provided for, and to
reimbursement for its reasonable expenses incurred in the
execution of the said trusts.
The Trustee shall be under no obligation to institute
any suit or other proceeding, until indemnified to its
satisfaction for so doing; but it may nevertheless do so
without indemnity if it shall elect so to do, and in such
case it shall be compensated therefor from the trust fund.
In case at any time it shall be necessary and proper for
the Trustee to make any investigation respecting any facts
preparatory to taking or not taking any action, or doing
or not doing any thing as such Trustee, the certificate of
the Company, under its corporate seal, attested by the
signature of its President, and the affidavit of one or
more Directors, shall be conclusive evidence of such fact
to protect the Trustee in any action that it may take by
reason of the supposed existence of such fact.
Article Fifteenth.—The Trustee may resign and
be discharged of the trusts hereby created, by notice in
writing to the Company, one month before such resigna-
i
28
tion shall take effect, or such shorter time as the Com¬
pany shall accept as adequate notice.
The Trustee may be removed by a majority in interest
of the holders of all said bonds hereby secured and then
outstanding, by instrument or instruments in writing,
under their hands and seals, or by a vote of a meeting
duly called and held as herein provided.
In case of the resignation or removal of the Trustee, a
successor shall be appointed by the majority in interest of
the holders of all said bonds hereby secured and then out¬
standing, by instrument or instruments in writing, under
their hands and seals, or by a vote of a meeting as afore¬
said; and until an appointment be so made, the President
of the Company, with the written approval and con¬
sent of the holders of outstanding bonds hereby secured,
to the aggregate amount of one hundred thousand dollars,
may appoint a Trustee to fill such vacancy for the time
being; and in such case, and also in case of an appoint¬
ment by a majority in interest of the bondholders as afore¬
said, the new Trustee or successor so appointed, shall
thereupon become and be vested with all the powers,
authorities, estates, rights, titles and interests granted or
conveyed to, or conferred upon, the said party of the sec¬
ond part by this mortgage, and all the rights, powers,
authorities and interests requisite to enable such new
Trustee or successor to execute, perform and fulfill the
powers, duties and purposes of this trust, by force of this
mortgage, without any further assurance or conveyance, so
far as such effect may be lawful; nevertheless, the Trus¬
tee resigning or being removed shall immediately execute
all such conveyances or assurances and other instruments
as may be fit and expedient for the purpose of assuring
the legal estate in the mortgaged property and franchises
to the new Trustee or successor so appointed.
In case of a vacancy being temporarily filled by ap¬
pointment by the President of the Company, under
the foregoing provision in that behalf, it shall be compe¬
tent for any court of equitable powers, having jurisdic-
29
tion in the premises, upon the application of any of the
bondholders, upon due notice to the Company, and
for cause to be shown, to annul such appointment and
appoint a Trustee in place of the Trustee so appointed,
to hold the trust for the like term as such Trustee would
hold the same under the President's appointment, but no
longer.
Article Sixteenth.—If the Company shall well and
truly pay the principal sums of money herein required to be
by it paid, and all interest thereon, at the time and in the
manner herein specified, and shall well and truly keep, per¬
form and observe all the agreements and things herein
agreed and required to be kept, performed and observed
by it, according to the true intent and meaning of this
mortgage, then the estate, right, title and interest of the
Trustee in and to the property, rights, privileges and fran¬
chises covered by this mortgage, shall cease and deter¬
mine, and this mortgage shall become void, and the said
property, rights, privileges and franchises shall revert to
the Company, its successors or assigns, without any con¬
veyance of, or on the part of, the Trustee; but, neverthe¬
less, upon the happening of said events, the Company, its
successors or assigns, may require, and the Trustee shall
be obliged to make a reconveyance of said property, rights,
privileges and franchises as evidence of such reinvestment
of the title to the same in the Company, its successors and
assigns, and to execute, acknowledge and deliver any in¬
strument which may be necessary or proper to secure the
cancellation of this mortgage and the discharge thereof
from record; but otherwise the same shall be and remain
in full force and virtue.
Article Seventeenth.—It is agreed between the
Company, on behalf of the stockholders thereof, and the
Trustee, on behalf of those who may become holders of
the bonds secured hereby, that no recourse shall directly
or indirectly be had to any present or future stockholder,
30
director or officer of the Company, under or by virtue of
any present or future law, for the payment of any princi¬
pal or interest of any of the said bonds, and that all of the
said bonds are subject to the condition that whoever be¬
comes the holder of any of the said bonds, waives, by the
acquisition thereof, all such recourse.
Article Eighteenth.—By way of additional security
to the holders of the bonds issued under this mortgage, the
Company agrees to cause to be deposited with the Trustee,
*
as hereinafter provided, to be held in trust under the pro¬
visions of this mortgage, certificates for four thousand
nine hundred and ninety shares of the capital stock of the
Edison Electric Illuminating Company, of Milwaukee, and
certificates for one thousand nine hundred and ninety
shares of the capital stock of the Badger Illuminating
Company; and it is agreed that all such shares of the
capital stock of any companies as shall be deposited with
the Trustee under this Deed of Trust shall be transferred
into the name of the Trustee, and the certificates therefor
shall be by it endorsed in blank and stamped with the
words:
" Held in trust by the Central Trust Company of New
York, under the provisions of the Consolidated Mortgage
of The Milwaukee Street Railway Company, dated Decem¬
ber 27, 1S90;" and that none of said shares shall thereafter
be transferred, except such as the Trustee shall deem
necessary for the purpose of qualifying directors or other¬
wise, until the termination of the trust, except that in
case of any consolidation of any of said companies with
any other company or companies, said shares of the com¬
pany or companies so consolidating shall be exchanged for
the shares of the consolidated company receivable therefor,
the certificates for which shall be deposited, endorsed
and held in trust under the same provisions, and be
stamped accordingly; and that until default shall be made
in the payment of any interest or of the principal of any of
the bonds issued hereunder, the voting power on all such
shares, and on all such shares as shall hereafter be
31
deposited hereunder in addition thereto or in substitution
therefor, shall be exclusively vested in and exercised by
the owners, as fully as if the said shares had never been
so deposited or transferred, and to this end the Trustee
shall, whenever and as often as requested by the
owners, execute, acknowledge and deliver to the latter or
to their nominees, such written proxies or powers of attor¬
ney, consents, authorities and instruments as the owners
may deem expedient for carrying into full effect the
powers hereby retained and reserved for the owners, and
in such form, for such meetings and such purposes and
objects as the owners may demand, and also that, until
such default, the owners shall collect, recover, receive,
use and apply all the dividends, income and things of
value that may hereafter be paid or payable or declared
and determined or ascertained to be due or payable, upon
or on account of all or any of the said shares, and all sub¬
stitutes therefor and additions thereto; and that in case of
default as aforesaid, the Trustee may thereafter, while
such default continues, vote on all said shares, and receive
any such dividends, income and things of value; and that
upon payment of all the bonds secured by this mortgage,
with all accrued interest thereon, according to the terms
of the bonds and of this mortgage, all of the shares then
held in trust as aforesaid, shall be assigned and trans¬
ferred to the owners thereof, and proper delivery of the
certificates thereof shall be made accordingly.
Article Nineteenth.—And the Trustee hereby ac¬
cepts the trusts created by this mortgage, and agrees
that it will exercise the powers and duties herein set forth,
to the best of its ability, at the times, in the manner, and
upon the contingencies and conditions herein mentioned ;
provided, however, that nothing herein recited shall be
construed to prevent it from resigning and discharging
tself from the trusts aforesaid.
In witness whereof, the said parties hereto have caused
this instrument to be signed by their respective Presidents
32
or Vice-Presidents, and countersigned by their respectiv(
Secretaries, and have caused their respective corporate
seals to be hereto affixed as of the day and year first here
in written.
The Milwaukee Street Railway Company,
By
Henry C. Payne,
Vice-President.
Countersigned:
Ewald Bever,
Sec7 etary.
Seal of )
The Milwaukee Street j-
Eailway Company. )
Executed by The Milwaukee
Street Railway Company,
in the presence of
Witnesses- 1 Frank B- SmidT'
witnesses. | H H Tykdale.
Central Trust Company of New York,
By
E. Francis Hyde,
Second Vice-President.
Countersigned:
B. G. Mitchell,
Ass't Secretary.
Seal of the )
Central Trust Company >-
of New York. )
Executed by the Central Trust j
Company of New York, in >
the presence of i
Frank B. Smidt.
Witnesses:
II. II. Tyndale.
33
State of New York,
City and County of New York,
ss.:
Personally came before me this 29th day of December,
1890, the above named Henry C. Payne, Vice-President,
and the above named Ewald Bever, Secretary of The Mil¬
waukee Street Railway Company, one of the corporations
parties to the foregoing instrument, to me known to be
the persons who executed said instrument, and severally
acknowledged the same, and, being each duly sworn,
severally said that they knew the corporate seal of said
^corporation, and that the seal affixed to said instrument
was such corporate seal, and was thereto affixed, and said
instrument signed and countersigned by them, by authority
of the Board of Directors of said corporation.
State of New York, )
City and County of New York, ) ss"
Personally came before me this 29th day of Decem¬
ber, 1890, the above named E. Francis Hyde, 2d Vice-
President, and the above named B. G. Mitchell,
Assistant Secretary, of the Central Trust Company of
New Y^ork, one of the corporations parties to the fore¬
going instrument, to me known to be the persons who
executed said instrument, and severally acknowledged
the same, and, being each duly sworn, severally said
that they knew the corporate seal of said corporation,
and that the seal affixed to said instrument was such
corporate seal, and was thereto affixed, and said instru¬
ment signed and countersigned by them, by authority
of the Board of Directors of said corporation.
Seal of )
Notary Public. J
Frank B. Smidt,
Notary Public,
N. Y. City and Co.
Seal of |
Frank B. Smidt,
Notary Public, j
Notary Public,
N. Y. City and Co.
34
State of New York, )
City and County of New York, )
I, P. Joseph Scully, Clerk of the City and County of
New York, and also Clerk of the Supreme Court for the
said City and County, the same being a Court of Record,
do hereby certify that Frank B. Smidt, whose name is
subscribed to the certificate of the proof or acknowledg¬
ment of the annexed instrument and thereon written,
was, at the time of taking such proof and acknowledg¬
ment, a Notary Public in and for said county, duly com¬
missioned and sworn, and authorized by the laws of said
State to take the acknowledgments and proofs of deeds or
conveyances for land, tenements or hereditaments in said
State. And further, that I am well acquainted with the
handwriting of such Notary Public and verily believe that
the signature to said certificate of proof or acknowledg¬
ment is genuine.
In testimony whereof, I have hereunto set my
hand and affixed the seal of the said Court
New York } anq County, the 29th day of December, 1890.
ea' P. Joseph Scully,
Clerk.
I
Register's Office, ) iw 1^9
Milwaukee County, Wis., j " '
Received for record December 31, 1890, at 9.25 o'clock
a. m., and recorded in Volume 258 of Mortgages, on pages
171 to 192, both inclusive.
H. J. Baumgaertner,
Register of Deeds.
State of Wisconsin, f
Department of State, ) s ""
Received this 31st day of December, A. D. 1890, and re¬
corded in Vol. 9 of Railroad Mortgages and Trust Deeds,
on pages 30 to 54 inclusive.
( Seal of the ) T. J. CUNNINGHAM,
-{ Secretary of the } „
( state of Wisconsin.) Secretary of State.
f170832]