MISSOURI, KANSAS AND TEXAS
RAILWAY COMPANY
to
CENTRAL TRUST COMPANY
OF NEW YORK.
THIRD SUPPLEMENTAL MORTGAGE
to
FIRST EXTENSION MORTGAGE
OF THE MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY,
Dated November i, 1894.
Dated April 12, 1901.
The Kvening Post Job Printing House, New York. 500—3-12-T)!.
'£}xis gudcniMVJC, made and entered into this 12th
day of April, 1901, by and between the Missocjri, Kan¬
sas & Texas Railway Company, a corporation organized
and existing under the laws of the States of Kansas and
Missouri and of the United States, hereinafter called the
"Kansas Company," party of the first part, and the Cen¬
tral Trust Company of New York, a corporation organ¬
ized and existing under the laws of the State of New York,
hereinafter called the "Trustee," party of the second part,
wutnesseth, as follows:
Whereas, the Kansas Company did heretofore and on
the 1st day of November, 1894, duly make, execute and
deliver unto the said Trustee a certain mortgage or trust
deed known as the Missouri, Kansas & Texas Railway
Company First Extension Mortgage, whereby the said
Kansas Company did duly grant, bargain, sell, assign,
transfer and convey unto the said Trustee all the property,
real, personal and mixed, and all the corporate rights,
powers, franchises and privileges therein fully set forth
and described, to have and to hold the same unto the said
Trustee, its successor or successors, in trust, to secure the
payment of bonds in the sum of one thousand dollars
($1,000) each, to be issued at the rate of twenty thousand
dollars ($20,000) per mile of completed railway of the
branch lines and extensions acquired or to be acquired by
the said Missouri, Kansas & Texas Railway Company in
the States of Missouri and Kansas and in the Indian Ter¬
ritory, and for the uses, intents and purposes in the said
mortgage fully expressed and declared, as by reference
thereto, now being in the proper custody of the said Trus¬
tee and also duly recorded, will more fully and at large
appear; and
Whereas, at a special meeting of the stockholders of
the said Kansas Company, held on February 21, 1895, the
following resolution was duly adopted by the vote of
2
more than two-thirds in amount of all the stockholders
of said Company, viz.:
44 Resolved, that this Company hereby authorizes, rati¬
fies and confirms the execution of a mortgage by this Com¬
pany, dated November 1, 1894, conveying to the Central
Trust Company of New York, as trustee, all the railroad
property and franchises acquired from The Southwestern
Mineral Railway Company, and all future extensions
and branch lines that may hereafter be purchased, con¬
structed or acquired in the States of Missouri, Kansas and
the Indian Territory, in trust, to secure bonds to be issued
at the rate of twenty thousand dollars ($20,000) per mile
of completed railway of the said line of railroad purchased
from The Southwestern Mineral Railway Company, and
of such other railway extensions or branch lines as may
hereafter be purchased, constructed or acquired, and for
the purpose of paying for such purchased, constructed or
acquired railroads, and to be known as the 4 Missouri,
Kansas and Texas Railway Company First Mortgage Ex¬
tension Five Per Cent. Fifty Year Gold Bonds.'
44Further resolved, that the Executive Officers of this
Company be and they hereby are authorized to acquire by
purchase, construction or otherwise, such other and ad¬
ditional extensions or branch lines of railway, as may be
deemed expedient, and as are within the terms of the
mortgage above authorized and confirmed, which proposed
extensions or branch lines, pursuant to the provisions of
the said mortgage, are to be paid for by bonds of the series
thereby secured and to be issued at the rate of twenty
thousand dollars ($20,000) per mile of completed rail¬
way, as thereby provided;" and
Whereas, before said February 21, 1895, and prior to
the execution of the said mortgage of November 1, 1894,
the Board of Directors of said Kansas Company had
authorized the execution of the said mortgage of Novem¬
ber 1, 1894; and
Whereas, the said Kansas Company, by indentures
dated respectively July 31, 1895 and December 11, 1899,
executed and delivered to the said Central Trust Com¬
pany of New Yoik, a supplemental mortgage and second
supplemental mortgage, respectively, to said mortgage
3
of November 1, 1894, conveying certain property de¬
scribed in said supplemental mortgages, which were duly
recorded; and
Whereas, since the execution and delivery of said in¬
denture of mortgage and supplemental mortgages, bonds
authorized to be issued thereunder have been issued under
and in pursuance of the provisions of said mortgage, to
the extent of one million, four hundred and ninety eight
thousand dollars ($1,498,000), which bonds are a valid lien
upon the property secured thereby; and
Whereas, Section " Fourth "of the said indenture of
mortgage, dated November 1, 1894, among other things,
provides as follows:
" In case of the acquisition of any such branch lines or
extensions, or of the building, by the said Missouri, Kan¬
sas & Texas Railway Company, in the States of Missouri
and Kansas, and in the Indian Territory, or in either or
any of the said States or Territory, of any such branch
lines or extensions, or of the purchase of any railway
property in such States and in such Territory, with re¬
spect to which the said Trustee shall be asked and re¬
quired to certify, as aforesaid, bonds under the lien of this
mortgage, at a rate not in excess of twenty thousand dol¬
lars per mile of completed railway, there shall be directly
conveyed by supplementary mortgage or deed of trust,
before the said Trustee shall be required to comply with
such demand, to the said Trustee, all of the said railway
property so additionally acquired, built or purchased, as
and when the same is so acquired, built or purchased. It
is understood and agreed that if before the issue of said
bonds any coupon or coupons shall have matured, said
coupon or coupons shall be detached therefrom and can¬
celed;" and
Whereas, the said Kansas Company has, since the
date of said second supplementary mortgage, of December
11,1899, acquired the following described additional line of
railway, to wit:
A line of railway, of standard gauge, wholly in the State
of Missouri, formerly belonging to the Missouri Midland
Railway Company, and extending from Kennard, now
1
called Me Bai ne, in Boone County, into Columbia, in said
Boone County, a distance of eight and one-half (8£) miles,
more or less, conveyed by the Missouri Midland Railway
Company to Otto H. Miller, by deed dated February 28,
1901, and by the said Otto H. Miller conveyed to the said
Kansas Company, by deed dated March 9, 1901; and
Whereas, in pursuance of the terms of Section
Fourth of said indenture, dated November 1, 1891, above
quoted, the Kansas Company desires now to execute, and
hereby does execute, a supplemental mortgage conveying
to the Trustee the said line of railway; and
Whereas, by virtue of the resolutions of the stock¬
holders of the Kansas Company of February 21, 1895,
hereinbefore recited, and of the Board of Directors of said
Company prior thereto, and also of resolutions passed at
meetings of the Board of Directors and stockholders of
said Kansas Company, duly held on the 1th day of April,
1901, and before the execution of these presents, this sup¬
plemental mortgage was duly approved and its execution,
by the Executive Officers of the Kansas Company, duly
authorized and directed.
Now, therefore, this indenture witnesseth:
First.™That in consideration of the premises, and of the
sum of one dollar by each of the parties hereto in hand paid
to the other, the receipt whereof is hereby acknowledged,
the said Kansas Company, in order to bring in and subject
to the conditions and terms of the aforesaid indenture of
mortgage or deed of trust, dated November 1,1891, and sup¬
plemental mortgages dated respectively July 31, 1895 and
December 11, 1899, the line of railway hereinbefore referred
to and hereinafter described, and for the purpose and with
the intent of securing the bonds mentioned in said indent¬
ure of mortgage of November 1, 1891, and supplemental
mortgages of July 31, 1895 and December 11, 1899, and
to be issued under this indenture and representing the
mileage of the said railway, as hereinbefore and herein¬
after described, equally and alike upon all property of the
5
said Kansas Company described and conveyed in this
indenture and in the 6aid indentures of November 1,
1894, July 31, 1895, and December 11, 1899, in the
same manner and with the same effect as if the
said bonds had been originally secured by one and
the same indenture and deed of trust, has granted,
bargained, sold, assigned, transferred, confirmed and
conveyed, and by these presents does grant, bargain,
sell, assign, transfer, confirm and convey to the said
Trustee, its lawful successor or successors in the trust
created by the said indentures, all and singular the line of
railway hereinbefore more particularly described as fol¬
lows:
A line of railway, of standard gauge, wholly in the
State of Missouri, formerly belonging to the Missouri
Midland Railway Company and extending from Kennard,
now called McBaine, in Boone County, into Columbia, in
said Boone County, a distance of eight and one-half (8£)
miles, more or less.
The property hereby conveyed includes all and singular
the rights of way of said line of railway and parcels of
land constituting said rights of way and all ad¬
ditions thereto which may hereafter be acquired
by the said Kansas Company, and all depots,
depot grounds, tracks, station-houses, engine-houses,
car-houses, freight-houses, wood-houses, work-houses,
machine shops, and all locomotives, tenders,
cars and other rolling stock or equipments, and all rails,
ties, chairs, machinery, tools and other implements
used for operating and repairing said line of railway
or any part thereof, together with all the equip¬
ments or appurtenances whatsoever thereto belong¬
ing, whether now held or hereafter to be acquired, and all
franchises connected with or relating to said line of rail¬
way or the construction, maintenance or use thereof, with
all rights, powers, privileges, franchises, immunities and
exemptions of every kind and nature appertaining to the
said Kansas Company in connection therewith, and all
6
estate, right, title, interest, property, possession, claim
and demand whatsoever in law as well as in equity, pres¬
ent or prospective, of the said Kansas Company in and to
the same and every part and parcel thereof, with the ap¬
purtenances. To have and to hold the above described
line of railway, premises, property, rights, franchises,
and every part and parcel thereof, with the appurtenances,
unto the said Trustee, its successor or successors, in trust,
nevertheless, for the equal pro rata benefit and security
of all and every the persons and corporations who may be
or may become holders of any of the bonds issued under
the provisions of the said indenture of mortgage, dated
November 1, 1894, supplemental mortgages dated July 31,
1895 and December 11, 1899, or this or any future supple¬
mental mortgage thereto executed in conformity with its
provisions, without any preference or priority of any one
bond over another by reason of priority in time of issue
or negotiation thereof, or otherwise, and for all the uses
and purposes declared and expressed in the aforesaid in¬
dentures of November 1, 1894, July 31, 1895 and Decem¬
ber 11, 1899. Nothing herein contained shall be deemed
to be in conflict with or inconsistent with the provisions
of the said mortgage of November 1, 1894, which
places under the trust of the said mortgage the Kansas
Company's property thereafter acquired, as stated in
said mortgage, and situated in the States of Missouri and
Kansas and in the Indian Territory, although the same
may not be specifically described or enumerated in said
mortgage of November 1, 1894, and supplemental mort¬
gages of July 31, 1895, and December 11, 1899, all of the
provisions of which remain in full force and effect the
same as if this indenture had not been made, and all these
indentures shall be read together and construed as one in¬
strument.
Second.—The said Trustee shall certify such bonds re¬
lating to the acquisition of the line of railway hereby
conveyed as shall be delivered to it by the Kansas Com¬
pany for certification, and shall deliver the same to the
7
Kansas Company or to its order after this mortgage shall
have been recorded in the proper offices. The said bonds
shall be certified and delivered by the Trustee to the Kansas
Company or its order at the rate of twenty thousand dollars
per mile of the line of railway hereby conveyed, at the
time and in the manner as provided in Section Third of
the aforesaid indenture of mortgage, dated November 1,
1894, known as the Missouri, Kansas & Texas Railway
Company's First Extension Mortgage, as well as all the
other sections of said indenture, and of the said indentures
dated July 31, 1895 and December 11, 1899, shall apply
to the line of railway hereinbefore conveyed, the same as
though herein at length set forth.
Third.—Inasmuch as it is intended that this instrument
shall be recorded in the proper offices in each of the several
counties of the States wherein the railway property and
premises conveyed hereby, or intended so to be, or some
part thereof, are situated, and at as nearly the same time
as possible, this indenture further witnesseth, that although
two copies or counterparts thereof are simultaneously
executed by the Kansas Company by its President, under
its corporate seal, attested by its Secretary, in pursuance
of the aforesaid resolutions of the said Kansas Company
and delivered to the said Trustee, and the said Trustee,
in evidence of its acceptance of the trust hereby created,
has likewise duly executed the said two copies or coun¬
terparts, each of said copies or counterparts so executed
and delivered is an original, and the said two copies
or counterparts shall constitute but one and the same in¬
strument.
In testimony whereof, the Missouri, Kansas & Texas
Railway Company, the party of the first part, has caused
these presents to be signed by its President, and coun¬
tersigned by its Secretary, and its corporate seal to be
hereunto affixed, and the Central Trust Company of New
York, the said party of the second part, has signified its
acceptance of the trust hereby created by causing these
8
presents to be signed by its Vice-President and counter¬
signed by its Secretary, and its corporate seal to be here¬
unto affixed, the day and year first above written.
Missouri, Kansas & Texas Railway Company,
Attest:
S. Halline,
Secretary.
Bonds issued hereunder stamped under War Revenue
Act, with proper revenue stamps.
By Henry C. Rouse,
[seal.]
President.
[seal.]
Central Trust Company of New York,
By G. Sherman,
Vice-President.
Attest:
B. G. Mitchell,
Secretary.
9
State of New York, )
City and County of New York, ) ss* *
On this 12th day of April, 1901, before me appeared
Henry C. Rouse, to me personally known, who, being by
me duly sworn, did say: That he is the President of the
Missouri, Kansas & Texas Railway Company, and that
the seal affixed to the foregoing instrument is the cor¬
porate seal of said corporation, and that said instrument
was signed and sealed in behalf of said corporation by
authority of its Board of Directors, and said Henry C.
Rouse acknowledged said instrument to be the free act
and deed of said corporation.
In witness wthereof, I have hereunto set my hand and
official seal this 12th day of April, 1901.
State of New York, ) .
City and County of New York, )
On this 12th day of April, 1901, before me appeared
S. Halline, to me personally known, who, being by me
duly sworn, did say: That he is the Secretary of the Mis¬
souri, Kansas & Texas Railway Company, and that the
seal affixed to the foregoing instrument is the corporate
seal of the said corporation, and that said instrument was
signed and sealed in behalf of said corporation by author¬
ity of its)Board of Directors; and said S. Halline acknowl¬
edged said instrument to be the free act and deed of the
said corporation, and that he attested the same as such
Secretary.
In witness whereof, L have hereunto set my hand and
official seal this 12th day of April, 1901.
Samuel Oppenheim
[seal.]
My commission expires
March 30, 1902.
Notary Public,
New York County.
(No. 15).
[seal.]
My commission expires
March 30, 1902.
Samuel Oppenheim,
Notary Public,
New York County.
(No. 15).
10
State of New York, ) .
City and County of New York, )
On this 13th day of April, 1901, before me appeared
George Sherman, to me personally known, who being by
me duly sworn, did say: That he is the Vice-President of
the Central Trust Company of New York, and that the
seal affixed to the foregoing instrument is the corporate
seal of said corporation, and that said instrument was
signed and sealed in behalf of said corporation by author¬
ity of its Board of Directors, and said George Sherman
acknowledged said instrument to be the free act and deed
of said corporation.
In witness whereof, I have hereunto set my hand and
official seal this 13th day of April, 1901.
State of New York, )
City and County of New York, ) ss"
On this 13th day of April, 1901, before me appeared
B. G. Mitchell, to me personally known, who being by
me duly sworn, did say: That he is the Secretary of
the Central Trust Company of New York, and that the
seal affixed to the foregoing instrument is the corporate
seal of the said corporation, and that said instrument was
signed and sealed in behalf of said corporation by au¬
thority of its Board of Directors, and said B. G. Mitchell
acknowledged said instrument to be the free act and deed
of the said corporation, and that he attested the same as
such Secretary.
In witness whereof, I have hereunto set my hand and
official seal this 13th day of April, 1901.
[seal.]
My commission expires
March 30, 1902.
Samuel Oppenheim,
Notary Public,
New York County.
(No. 15).
[seal. i
My commission expires
March 30, 1902.
Samuel Oppenheim,
Notary Public,
New York County.
(No. 15).
[C6521]
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