xt73bk16mf8w_888 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. Printed mortgage, etc., Perry County text Printed mortgage, etc., Perry County 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_74/Folder_6/3922.pdf section false xt73bk16mf8w_888 xt73bk16mf8w w? W 6»
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I ' This Indenture, made and entered into this the 24th
, day of February, in the year 1915, between
LEXINGTON AND EASTERN RAILWAY COMPANY, a corporation
_ duly incorporated and existing under the laws of the State of
Kentucky (hereinafter called the “Railway Company ”), whose
address is Lexington, Fayette County, Kentucky, party of the '
first part, and
THE NEW YORK Timsr COMPANY, a corporation duly incor-
porated and existing under the laws of the State of New
York (hereinafter called the “ Trustee”) party of the second
part, WITNESSETH :
VVHEHEAS, by its charter and the laws of the State of Ken- ‘
tucky the Railway Company has power to borrow such sums I 7
3 of money as may be necessary for funding its floating debt, or
for completing, equipping or operating its road or any part ‘
thereof, and for paying any debts incurred for such purposes,
and to issue and dispose of its bonds or obligations for any -
amount necessarily borrowed for such purposes, and to mort-
gage its corporate property and franchises, or any part thereof,
to secure the payment of any debt contracted or to defray any 7
expenditures for the purposes aforesaid ; and
WHEREAS, the Railway Company has heretofore acquired
, or constructed and owns, controls, and operates a certain rail— 7
, road in the State of Kentucky, hereinafter more fully de-
scribed, and may deem it necessary to extend and improve its
: 7 * said railroad and to construct other railroads and additional
::' - tracks and structures, and has heretofore equipped its rail-
5, v road with certain rolling stock, and may hereafter require fur-
? r_ i ther rolling stock from time to time ; and,
; 3 WHEREAS, the Railway Company has outstanding certain
,’I 7 indebtedness incurred for the retirement of the bonds issued
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under its First Mortgage, dated October 16, 1894, and certain '1" '
indebtedness incurred for the purchase and retirement of
bonds issued under its General Mortgage, dated October 18, __
1894, both of such mortgages (being paid and satisfied
prior to or contemporaneous with the execution of this inden—
ture), are forthwith to be discharged of record ; and also has in—
curred certain indebtedness for the purchase and retire- ’ ’
ment of debenture scrip for funded interest on General Mort-
. gage Bonds; and also has outstanding certain indebtedness
that it incurred for the improvement and extension of its rail—
‘ road, not secured by mortgage; and,
\VHEREAS, the Railway Company desires and has deter-
mined to provide for the payment of said indebtedness, and
also to provide funds to carry out the purposes and exer-
V cise the powers of the Company, and to these ends the Rail- .
way Company has determined to borrow money and make and
issue its bonds therefor, from time to time, to an amount of, ,
5 ‘ and provided that said issue shall not exceed in the aggregate
‘ of the principal thereof, Twenty Million Dollars ($20,000,000),
. and for the purpose of securing,1r the payment- of said bonds and
of the interest to accrue thereon, the Railway Company has
” ' duly sanctioned, authorized, and directed the execution 5
I of this mortgage or deed of trust, which will be a first 3
5 lien upon the property hereinafter granted and conveyed, and
will also be a first lien upon any railways and other property
which shall be hereafter acquired or constructed with any of
l the said bonds or their proceeds ; and,
‘ WHEREAS, at a regular meeting of the stockholders of the t '
Railway Company duly held, pursuant to due notice, at the
. oflice of the Company in the City of Lexington, Kentucky, on
the 24th day of February, 1915, a quorum being present, -1 -
5 resolutions were duly adopted, by vote of all of the capital .
stock, including the following, that is to say 1
“ WHEREAS, the Board of Directors of this Company has
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.'. . made to the stockholders of this Company at this meeting the _
following recommendation with respect to increasing the
bonded indebtedness of this Company :
“ ‘ A7071), therefore, be it Resolved .' That this Board hereby
recommends to the stockholders that they, at their next meet-
ing to he held at the Office of this Company in the City of
Lexington, Kentucky, on the 24th day of February, 1915,
» - authorize and direct the President, for and on behalf of p
the Lexington and Eastern Railway Company, in order to
provide for the payment of indebtedness of said Company,
and also to provide funds to carry out the purposes and
exercise the powers of the Company, to execute and de—
liver a First Mortgage, conveying to a trustee all its railroad,
properties, real and personal, including its equipment, and all
' ‘ its rights, franchises and privileges, to secure an issue limited
to Twenty Million Dollars ($20,000,000) of bonds, bearing
interest at five per cent. per annum, payable semi-annually,
and maturing fifty years after date, which bonds are to he
issued for and applied to the following purposes, viz. : '
i “ ‘ (1) Nine Million, Eight Hundred Twenty-three Thousand,
Fifty Dollars and Thirty-two Cents ($9,823,050.5-l2) of said
bonds are to be certified by the Trustee and issued forth-
. 1 with, upon the order of the President of the Lexington and
Eastern Railway Company, and these are to be used for the
purpose of paying the floating debt due by the Lexington and ,
- Eastern llailway Company, Wliit'l) debt exceeds Nine Million
Dollars, and was incurred by the Lexington and Eastern
Railway Company in retiring or providing for the retiring of
the bonds of the First Mortgage of October 16, 1804, and '
, purchasing and retiring bonds of the General Mortgage of
October 18, 18051, and purchasing and retiring or providing for
the retiring of debenture scrip for deferred interest, and in mali— .
ing extensions, additions and hetterments to its line of railroad;
“‘(2) Ten Million, One Hundred Seventy—six Thousand, ‘
Nine Hundred Forty-nine Dollars and Sixty—eight Cents
($10,.l7(5,‘.)~itl.(38), and any remainder of said First Mortgage
Bonds not used for the above—named purposes are. to be issued, .
from time to time, upon orders of the Board of Directors
‘ ' or Finance Committee of the Lexington and Eastern Railway
Company or the Board of Directors or Finance Committee of
any company which may then be the successor of the Lex-
ington and Eastern Railway Company or the owner of the rail-
-' ' road property of said Company, in order to procure funds
' with which to pay the actual cost of extensions, additions or
‘ betterments of and to the railroad property now owned by
the Lexington and Eastern Railway (hnnpany, or to reimburse
the Company for sums that shall have been expended by it
for any of the foregoing purposes’. ”; and
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“WHEREAS, it has become desirable and necessary for this ‘ '
Company to adopt and act favorably upon the said recom-
mendation of the Board of Directors,
“ New, therefore, be 1'! Resolved, That the stockholders of
this Company in this meeting assembled do hereby approve
and adopt the resolution of the Board of Directors of this
Company hereinbefore recited.
“Resolved, farther, That, for the purposes set forth in
I ' resolutions of the Board of Directors of this Company herein-
hefore stated, and with the consent, which is hereby given, of ‘ I
. the persons holding the larger amount in value of the stock of ’
the Lexington and Eastern Railway Company, the Lexington
and Eastern Railway Company from time to time do
, borrow such sum, not exceeding Twenty Million
‘ Dollars ($20,000,000), and do issue and dispose of
its bonds for such amounts so borrowed, and do mort—
, gage all of its now existing railroads, additional tracks, and
lateral lines, and all of its other property, real and personal,
‘ _ including its equipment, appurtenant to or used in connection
with its said railroad, branches, additional tracks, and lat—
‘ cral lines as a part thereof, and all its rights, franchises, and
privileges, but not including any tracts or parcels of land
. which this Company now owns or may hereafter acquire which
are not used or intended to be used as a part of the track or
roadway or in connection with the operation of the railroad
and branches of this Company 01' appurtenant thereto, and
. not including any lines of railroad, branches, or extensions
which may hereafter be acquired or constructed by this Com-
' pany which shall not be acquired or constructed with the ~ .
bonds issued under said mortgage or with the proceeds '
, from the sale thereof, nor any equipment or property ap-
pertaining to the said last-mentioned lines of railroad, -‘ -
branches, or extensions, and not acquired with bonds ‘
‘ issued under said mortgage or the proceeds of such bonds,
to secure the payment of said bonds, together with the
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‘ ' interest thereon, and upon such terms and conditions and ,
to such Trustee as shall be by said Board of Directors
‘ determined; and accordingly that the President or Vice-
i President and the Secretary or Assistant Secretary of this
Company he, and hereby they are, authorized from time to
time to execute and to issue and deliver bonds of the
Lexington and Eastern Railway Company to bear date to be V
determined by the Board of Directors of this Company and
payable fifty years thereafter, bearing interest at the rate
d of five per cent. per annum, payable semi-annually in each ‘
and every year until the principal sum shall have been fully
paid ; both the principal of said bonds and the interest thereon
to be payable in gold coin of the United States of or
equal to the present standard of weight and fineness, without
deduction for any tax or taxes (except any Federal income "
tax) which the Lexington and Eastern Railway Company or
the Trustee under said mortgage maybe required to pay,
retain, or deduct therefrom under or pursuant to any present
or future law of the United States or of any State, District, ,
County or Municipality in the United States ; such bonds to
- be coupon bonds for the principal sum of One Thousand Dol-
lars ($1,000) each, giving to the holder the right to register the
principal thereof.
“ Resolver], fart/107', That the President or Vice-President
and the Secretary or Assistant Secretary of the Lexington and .
Eastern Railway Company be, and hereby are, authorized, ’ t
in the name and on behalf of the said Railway Company, V
and under its corporate seal, to execute and acknowledge ‘
" ' and to deliver to such Trustee a mortgage or deed of trust,
0 to be designated First Mortgage and to be dated as shall
be determined by the Board of Directors of this
" ' Company, mortgaging and pledging the property of
‘ this Company, to be mortgaged and pledged as hereinbefore ,
recited, as security for the said issue of bonds authorized by
the foregoing resolution ; such mortgage or deed of trust and
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the bonds to be secured thereby to be in such form as mav bo -
" a
determined by the Board of Directors of this Company.
“Resolved, furl/(67', That said bonds so to be executed,
secured, and issued shall be issued for and the proceeds applied
, to the following purposes, namely :
“ (1) Nine Million, Eight Hundred 'I‘wenty—three Thousand,
Fifty Dollars and Thirty-two Cents ($9,823,050.32) of said
bonds are to be certified by the Trustee and issued at once,
upon the order of the President of the Lexington and Eastern
Railway Company, and these are to be used for the purpose of -
, . paying the floatingr debt due by the Lexington and Eastern Rail-
way Company, which debt exceeds Nine Million Dollars
. and was incurred by tho Lexnigton and Eastern Railway Com-
pany in retiring or providing for the retiring of the bonds of
the First Mortgage. of October 16, 1894, and in purchasing and
retiring the bonds of the General Mortgage of October 18,
1894, and purchasing,r and retiring or providing for the retiring
of debenture scrip for deferred interest, and in making addi—
, tions and betterments to its line of railroad,
“ (‘2) Ten Million, One Hundred Seventy—six Thousand,
Nine Hundred Forty-Linc Dollars and Sixty-eight Cents
($10,17t5,$)49.t38), and any remainder of said First Mortgage
Bonds not used for the above-named purposes, are to be issued,
from time to time, upon orders of the Board of Directors or
‘ Finance Committee of the Lexington and Eastern Railway .
Company or the Board of Directors or Finance Committee of
any company which may then be the successor of the Lextng-
ton and Eastern Railway Company or the owner of the, railroad
_ property of said Company, in order to procure funds with
. which to pay the actual cost of extensions, additions, or better-
meats of and to the railroad property now owned by the
Lexington and Eastern Railway Company, or to reimburse the _
Company for sums that shall have been expended by 1t for any
of the foregoing purposes.
‘ “ Basalt-ml, furl/car, That the coupons attached to such
. bonds may be authenticated by the engraved facsimile signa— i '
.
turc of the present Treasurer or of any future Treasurer of
the Lexington and Eastern Railway Company or of its succes-
sor conipanv ; it being hereby intended that the Lexington and ,
.. . , .,
' Eastern Railway Company may use for that purpose the
engraved iac-siinile signature of any person who shall have
been such Treasurer, notwithstanding the fact that he shall
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’ have ceased to be such Treasurer at the time when any such
bond shall actually be certified and delivered.
“ Resolved, fart/tar, That the Board of Directors of this _
Company be, and hereby they are, fully authorized and em-
powered to take any and all such further action as maybe
necessary to carry out and put into effect these resolutions,
and that the President or Vice—President and the Secretary or i
. Assistant Secretary of this Company be, and hereby they are, ,
authorized in behalf of this Company to take all such action
as from time to time may become necessary or proper to carry
these resolutions, and the action of the Board of Directors of
this Company in pursuance hereof, into etl'ect.”
AND, “THEREAS, at a meeting of the Board of Directors of
- the Railway Company, duly held, pursuant to due notice, at
the Office of the Company in the City of Lexington, Ken-
tucky, on the 24th day of February, 1915, a quorum being
present, resolutions were adopted whereby, after setting out,
by way of preamble, the foregoing resolutions of the stock— ,
holders’ meeting of the 24th day of February, 1915, it was, on
motion, duly made and seconded, unanimously
“' Resolved, That for its corporate purpose, including
the payment of its outstanding indebtedness, and the
_ completing, enlargement, improvement, betterment and
equipment of its railway property, Lexington and Eastern ‘
Railway Company do execute to The New York Trust
V Company, as Trustee, a mortgage, to be known as its
, First Mortgage, dated February ‘24, 1915, under which i
i " there shall be conveyed 0 said Trustee the certain rail-
roads, property and franchises owned by Railway Com-
pany—all substantially as set forth in the draft of such
’ “ mortgage submitted at this meeting—in trust, as
security for the payment of the principal and the interest
of the bonds issuable under such mortgage as therein
provided, for an aggregate principal amount not ex-
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ceeding Twenty Million Dollars ($20,000,000) at any ' i ‘ '-
one time outstanding. .

“ Resolved, That due considerat'on having been
given thereto, the First Mol-tgage submitted to the ‘ i E
Board of Directors at this meeting be, and it hereby is, I
approved in general form and substance and consent to a t a
the execution thereof is hereby given. E
“ Resolved, That the President or Vice—President t

, be and hereby he is authorized, in the name and under t
the seal of Railway Company, to execute and to deliver L

, to said Trustee, said First Mortgage substantially in '

‘ the form now submitted to and approved by this Board, t
and that the Secretary or Assistant Secretary be, and E
hereby he is authorized to attest the seal so affixed.

“ Resolved, That from time to tiriie, coupon bonds, 1
each for the principal sum of $1,000, for an aggregate
principal amount not exceeding Twenty Million Dollars ,
($20,000,000) at any one time outstanding, bearing in-

, terest at the late of five per cent. per annum shall be
issued under said First Mortgage for the purposes :
therein stated and in conformity with the provisions
thereof. .’

i , Resolved, That the President or Vice—President, or
any other officer or officers designated by the Board
of Directors of the Railway Company, be, and hereby
‘ they are, authorized from time to time to do all acts, to
l cause to be taken sucli'procecdings, and with or Without
the seal of the Railway Company to execute such in-
‘ struments, as may be necessary or proper to carry the , ,
foregoing resolutions into effect.”
AND WHEREAS, the mortgage submitted and approved at said ' -. '
i meeting of the Board of Directors, and at said meeting of the
stockholders, of the Railway Company as aforesaid, was sub-
stantially of the form and tenor of this indenture ; and
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‘ " WHEREAS, the bonds and the coupons to be attached '
thereto are respectively to be substantially of the following
_ ,V tenor :
i [FORM or COUPON Bonn]
l No..---_-- $1,000
l 2 '
l” UNITED STATES OF AMERICA.
l
E LEXINGTON AND EASTERN RAILWAY
5 COMPANY.
! First Mortgage Fifty-Year Five Per Cent. Gold Bond.
1 LEXINGTON AND EAs’rEnN RAILWAY COMPANY (hereinafter
‘: called the Railway Company), a. corporation of the State of ~
‘ Kentucky, for value received hereby promises to pay to bearer,
l or, if this bond be registered, then to the registered holder
y hereof, on the first day of April, 1965, at the otlice or I
agency of the Railway Company in the Borough of Manhattan,
City of New York, State of New York, the sum of one thou-
; sand dollars in gold coin ot the United States of the standard
l of weight and fineness as it- existed on the first day of April, ‘
3 1915, and to pay interest thereon at the rate of five per cent.
‘- per annum, such interest to be payable atsuch Ollice or agency,
: in like gold coin, semi-annually on the first day of October ,
and the first, day Of April in each year until the payment
of said principal sum, but only upon presentation and sur-
render of the coupons therefor hereto attached as they sever-
ally mature.
Both the principal and the interest of this bond are payable .
without deduction for any tax or taxes (except any Federal
income tax) which the Railway Company or the Trustee under
the indenture hereinafter mentioned may he required to pay
thereon or to retain therefrom under any present or future
‘ ' law of the United Stat-es or of any State, District, County or
Municipality therein.
This bond is one of the First Mortgage Fifty-Year Five
Per Cent. Gold Bonds of the Railway Company, for an aggre-
. gate principal amount not exceeding Twenty Million Dollars
' " ($520,000,000) at any one time outstanding, issued and to be
issued, under and pursuant to, and all equally secured by, an
indenture Of mortgage or deed of trust dated February 24, 1915,
duly executed by the Railway Company to The New York
Trust Company, a corporation of the State of New York, as
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Trustee, to which indenture reference is hereby made for a r .
description of the railroads, properties and franchises mort-
gaged and conveyed or assigned to said Trustee and its suc-
cessors, the nature and extent of the security, and the rights of
the holders of said bonds and of the Trustee in respect of such
security. i
In case of certain defaults specified in said indenture, the '
principal of all such bonds may be declared and may become
due and payable in the manner and with the effect provided in
said indenture. .
Unless registered as herein provided this bond shall pass
by delivery. This bond may be registered as to principal in
‘ the owner’s mime at the office or agency of the Railway Com—
pany in the Borough of Manhattan, City of New York, such
, registry being noted on the bond, after which no transfer shnll .
» be valid unless made by the registered owner, in person or
by attorney, and similarly noted on the bond; but the same
may be discharged from registry by like transfer to bearer
noted on the bond, whereupon transferability by delivery shall
i be restored. Such registration, however, shall not affect the
‘ negotiability of the coupons for the interest on the bond, and
such coupons shall continue to be payable to bearer and to
be transferable by delivery merely, and payment thereof shall
‘ fully discharge the Railway Company in respect of the
interest therein mentioned, whether or not the bond be
, registered.
This bond is payable without relief from any extension,
stay or appraiselnent laws now existing, or that hereafter may
be enact-ed.
‘ No recourse shall be had for the payment of the principal of
, or the interest upon this bond, or for any claim based hereon,
or otherwise in respect. hereof or of said indenture under which
this bond is issued, against any incorporntor, stockholder,
officer or director, past, present or futurc, of the Railway Com-
pany or of any successor corporation, whether by virtue of any
constitution, statute or rule oflaw or by the enforcement of any
assessment or penalty or otherwise, all such liability being,
‘ by the acceptance hereof and as part of the consideration of
' the issue hereof, expressly released, as provided in said inden-
' ture. v 0
This bond shall not be entitled to any security or benefit
under said indenture, and shall not become valid or obligatory
, - for any purpose, until it shall have been authenticated by the
execution of the certificate, hereon endorsed, by The New York , ,.
Trust Company, as Trustee, or its successor in trust under said
indenture.
IN WITNESS WHEREOF, the Railway Company has caused
this bond to be signed by its President or a Vice-President and
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‘ ‘ its corporate seal to be hereunto affixed and attested by its
Secretary or an Assistant Secretary, and coupons for said in-
terest, hearing the engraved fac-simile signature of its Treasurer,
to be attached hereto. Dated the first day of April, 1915.
. LEXINGTON AND EASTERN RAILWAY COMPANY,
_ By
Vice-President.
Attest :
Assistant Secretary.
‘ [FORM OF INTEREST COUPON] ‘

No. -___---._-.__. $25.

On the first day Of , 19---_,
Lexington and Eastern Railway Company will pay to
bearer, at its Office or agency in the Borough of Manhattan, ‘
City of New York, twenty-five dollars, gold coin of the United
States, free Of the taxes specified in the bond, being six
months’ interest then due on its First Mortgage Fifty—Year
Five Per Cent. Gold Bond, No. _-__________

Treasurer. ‘

AND WHEREAS, on each of said bonds there is to be endorsed
a certificate of the Trustee that such bond is one Of the bonds ‘
described in this indenture—which certificate shall be sub-
stantially of the following tenor :

[FORM 01? TRUSTEE’S CERTIFICATE]

This bond is one of the bonds described in the within- ‘

mentioned indenture.
' " THE NEW YORK TRUST COMPANY,
Trustee,
By

AND WHEREAS, all acts and things prescribed by law and by

the by—laws of the Railway Company necessary to make said
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bonds, when certified by the Trustee, valid, binding and legal ‘ v -
obligations of the Railway Company, and these presents a
valid indenture to secure and provide for the payment of the
' said bonds, have been duly complied with or have been done
and performed or have happened, and the execution and issue
of said bonds and of this indenture have been in all respects p
duly authorized ; ' .
Now, THEREFORE, THIS INDENTURE FURTHER WITNESSE’l‘H :
a
' That, in order to secure the payment of the principal and
' interest of all of said bonds at any time issued and outstand— I
ing under this indenture, and to secure the performance of all
the covenants and conditions herein contained, and to declare
: the terms and conditions upon which said bonds are issued
and received, and for and in consideration of the premises and
of the acceptance or purchase of the said bonds by the holders
thereof, and of the sum of five dollars to be paid to it by the
‘ party hereto of the second part, at or before the signing, scal-
ing and delivery of these presents, the receipt whereof is .
‘ hereby acknowledged, the said Lexington and Eastern Railway ‘ .
‘ I Company, party of the first part, has granted, bargained, sold,
released, confirmed, assigned, transferred and conveyed, and
by these presents doth grant, bargain, sell, release, confirm,
assign, transfer and convey unto said The New York Trust
Company, as Trustee, party of the second part, its successors
. and assigns, forever :
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All and singular the railways owned by the party of the
' first part, as the same now exist, consisting of the following
lines and branches, described as follows: . .
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' a . Miles. V
FInsT : Main Line : From point of connection of the
Lexington and Eastern Railway with the Chess—
peake and Ohio Railway near Third Street, in the
City of Lexington, Kentucky, extending through
Fayette, Clark, Powell, \Volfe, Lee, Breathitt,
Perry and Letcher Counties, Kentucky, to its ter—
. minus at a point Ono and Three Onc-l-Iundredths .
. (1.03) miles beyond the station of McBoherts, a
’ total distance of One Hundred, NinetyThree and
Thirty-Eight One Hundredths miles ._-: _________ 193.38 .
SECOND : Also the main freight truck extending,r from
point of junction with the above main line near
Third Street in Lexington, Kentucky, to Main
. Street, in Lexington, a distance of Ninety-Eight
' One Hundredths of n lnilcuu ___- __-______-____ 0.98
THIRD : Quicksand Brunch : Extending from point
of connection with the main line at Dumont to
Quicksand Station, all lying within Breathitt
County, Kentucky, n distance of One and Three ‘ '
One—Hundredths 1niles---- . -_-. . - .._ - __ - _ _ _------ 1.03
FOURTH 2 Lexington connection truck : Extending
from point of connection with the main line of the
Lexington and Eastern Railway to point of con—
nection with the main line of the Paris and Mays-
yille Branch of the Louisville and Nashville Rail~ ‘
road. all lying within Fayette County, Kentucky, :1 '
‘_ , distance of Ninety-Three One-Hundredths of a
' mile .,_..._------_-___-_______..______.___-___r_ 0.93
FIFTH : Various hranch roads or spur tracks extend-
ing to certain coal mines, as follows :
First Creek Spur 2 Extending from point of con-
nection with the main line up First Crock in
Perry County, Kentucky, a distance of Five ‘
and Forty-four One«Hundredths miles- .. _ . __ 5.44
Potters Fork Spur : Extending from point of ‘
connection with the main line at Noon up Pot-
ters Fork in an easterly direction, all lying
within Letcher County, Kentucky, a distance
, , of Two and Fifty One-Hundredths miles- ___- 2.50
Yonts Fork Spur : Extending from point of con-
nection with the main line near Neon up Yonts
Fork in n northerly direction, all lying within
Letcher County, Kentucky, a distance of Two
' ' and Seven One-Hundrcdths miles-__-_--___ 2.07 ‘
Rockhousc Creek Spur: Extending from point
of connection with the main line at or near
Blackey up Rockhouse Creek in a. northeasterly
direction, and up Caudill Branch in a southerly
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_ ‘ Miles. ° . .
direction, all lying Within Letcher County, a
distance of Two and Ninety—Eight One-Hun-
dredths miles -_____________-________-.___- 2.98 '
Bottom Branch Spur : Extending from a connec-
tion with the main line about equi—distant
between Neon and McRoberts in a westerly
and northerly direction up Bottom Branch all -
lying within Letcher County, Kentucky, a dis-
tance of Ninety—One One—Hundredths of a
mile _____.-__--_-_. -.____-_-_ --_____-_____ 0.91
She Fork Spur: Extending from point of con-
nection with the main line near McRoberts in
a northerly direction up She Fork, all lying
' within Letchcr County, Kentucky, at distance -
' of Seventy—Nine Onc-Hundredths of a inile___ 0.79
Davidson Branch Spur: Extending from point
of connection with the main line near Hazard
to and across the North Fork of Kentucky
: River to a connection with the privately owned
mine track extending up Davidson Branch, all
within Perry County, Kentucky, {1 distance of
, Eleven One-Hundredths of a mile--- -_ --___ _ _ 0.11
, The total mileage of said main line and branches,
' or spurs, being Two Hundred and Eleven and Twelve
One—Hundredths miles -_______...____ ._-______- _- __ 211.12
Said lines constitute the entire railroad of the party of the
first part and all of same are situated in the State of Ken-
tucky.
II.
And also all the right, title and interest of the Company of,
' in and to any and all lines of railway which it operates under
leases, and all the right, title and interest of the Company of,
in and to all lines of railway and property which it holds, " ' "
p operates or uses under trackage agreements or joint leases,
' and also all other railways and all real estate and tangible or
physical personal property of every kind now owned by the ' ' "
Company and used or intended to be used in connection with
any of its railways now owned, leased or operated, and all the
real estate and tangible or physical property of every kind
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- t . which the Company may hereafter acquire for use upon or for '
the purposes of the hereinbefore described railways and prop-
' erty or any thereof.
III.
FIRST. All rights of way, station and depot grounds, all
tunnels, roadbeds, spurs, double-tracks, turnouts, switches,
sidings, and turntables, all superstructm-es, bridges, stringers,
ties, rails, frogs, chairs, bolts, splices and other railroad
- appurtenances, all terminals and terminal properties, all sta—
tion houses, warehouses, freight houses, engine houses, car
houses, water stations, water tanks, water supply, machine
shops and other structures, all engines, tenders, ears and other ‘ ,
rolling stock and equipment, all furniture, machinery, tools,
implements, materials and supplies, and all other property,
real, personal and mixed, appurtenant to the said line of rail-
way above described and belonging to the Railway Company ;
and all tolls, revenues, earnings, income, rents, issues and profits ‘ .
thereof ; and also all the estate, right, title, interest, prop—
erty, possession, claim and demand whatsoever, as well in law
as in equity of the Railway Company, of, in and to the said
railways, branches, premises and property, and every part and
parcel thereof, with the appurtenances and the franchises
appertaining or hereafter to appertain thereto. ‘
SECOND. Any and all additions, improvements and better-
ments now existing or hereafter acquired or constructed, to or
upon or in connection with the line of railway now or at any '
w . .. ' time hereafter subject to this indenture, any and all property,
real and personal, of every kind and description, now owned
or hereafter acquired for use upon, or in connection with, or
. , u for the purpose of such line of railway, and any and all cor-
porate rights, privileges and franchises which the Railway
Company now has or hereafter may or shall acquire, possess
or exercise in, to, upon or in respect of such line of railway, or
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any part thereof; and any and all the rents, issues, profits, ’ §
tolls and other income of such line of railway ;, and also any
and all rights, privileges, franchises, properties, real or per- ,
sonal, rights and things which the Railway Company may now 5
own or shall hereafter possess or become entitled to possessv
for the purpose of, or in connect-ion with, such line of railway.
IV.
ALSO all the right, title and interest- of the Railway Com-
' pany in and to any and all extensions, branches and additional
. terminals and terminal facilities of said line of railway or
any o