seal. No proof shall be necessary of the qualifications of any such notary so purporting to act in the United States, the British dominions, Holland, France, or the German Empire.

Same. Another Form.

And it is agreed and hereby provided, that the said trustee and its successor or successors in this trust may be removed, and a successor may be appointed, at any time, by any court of competent jurisdiction, upon application of a majority in interest of the holders of the then outstanding bonds hereby secured.

And it is also agreed and hereby provided, that a majority in value of the outstanding bondholders secured hereby may, upon their own motion at any time, with or without cause, by an instrument or instruments in writing, under seal, signed by them to that effect, and without calling a meeting of the bondholders for that purpose, remove the said trustee and any successor to the trust hereby created, and in writing under seal appoint one or more trustees herein, whether the last trustee shall have been appointed by a court of competent jurisdiction or otherwise, anything herein to the contrary notwithstanding. In case of such removal and appointment of trustees by the bondholders, the writing shall be signed by each bondholder or his or her agent, stating the place of residence of such holder, and the serial numbers, and the amounts of the bonds, and in every case the affidavit of the holder shall accompany the instruments of removal and appointment to the effect that the party signing such instruments is the owner or holder of the bonds for which he or she signs, and stating the serial number and the amount in value of each bond, and the owner or holder's place of residence.

It is also hereby expressly agreed and provided, that in case of the appointment, in any of the modes herein provided, of a successor or successors to the trust hereby created, such successor or successors shall be invested with all and singular the powers and duties hereby conferred and imposed upon the said trustee herein and hereby designated, so long as he or they shall remain such successor or successors in the trust.

Same. Another Form.

Any trustee hereunder may resign and discharge itself or himself of and from the trust hereby created, by notice in writing to the said railroad company three months before such resignation

shall take effect, or such shorter time as the said railroad company may accept as adequate notice, and upon the due execution and delivery of such conveyances to its or his successor as the said railroad company shall require in order to transfer the

trust.

In case of the resignation, removal, dissolution, or death of any trustee under this deed of trust, a new trustee or trustees shall be appointed by the said railroad company by an instrument in writing under its seal, and notice thereof given by an advertisement published at least once a week for three successive weeks in a daily newspaper published in ; and unless a majority in interest of the holders of the said bonds then outstanding shall, within thirty days from the date of such last publication, make objection by an instrument in writing signed by them and delivered to the said railroad company, the said appointment or appointments shall at the expiration of said thirty days be considered as assented to and confirmed by the holders of the bonds secured hereby.

In case such objection by a majority in interest of the holders of said bonds shall be so made as aforesaid, the said railroad company shall thereupon apply to the supreme court of, or other court of competent jurisdiction, to appoint instead as trustee or trustees such other corporation or persons as to such court shall seem meet.

Upon the resignation, removal, dissolution, or death as aforesaid of any trustee under this deed of trust, all its or his powers and authority shall cease; but said trustee shall on demand execute a deed or deeds of conveyance to vest in the trustee appointed in its or his place, and upon the trusts herein expressed, all the property and rights which may be at the time held upon said trusts.

Property to vest in New Trustee without a Conveyance.

Any appointment of a new trustee made by the surviving or continuing trustees or trustee, or the majority of the bondholders, or a judge, as herein before provided, shall be effectual to vest in the new trustees or new trustee all estates, rights, trusts, powers, and duties, as fully as if they or he were trustees or a trustee party to these presents, without any new deed or conveyance; but, nevertheless, the company hereby covenants in any and every such case to make, upon request of the new trus

tees or trustee, all such deeds, conveyances, and assurances as may be appropriate for more fully and certainly vesting in and confirming to such new trustees or trustee such estates, rights, powers, trusts, and duties; and every resigning trustee shall, on like request, make and execute such deeds, conveyances, and assurances to his successors or successor.

Interpretation of the Word "Trustee.”

It is understood and mutually agreed by and between the parties hereto that the word "trustee," when and as used in these presents, except where some other is plainly referred to, is intended to refer to, and describe, and shall be construed to mean, the corporation or corporations, or the person or persons, which or who, for the time being, shall be charged with the execution of the trusts of these presents, whether the same be the said party of the second part, or any successor or successors in said

trust.

Same. Another Form.

The word "trustee, as used in this instrument, shall be construed to mean the trustee or trustees for the time being, whether original, substituted, or new; and such trustee or trustees shall be vested with all the estate, powers, rights, authority, and privileges hereby granted to and conferred on the said posit and Trust Company.

Deposit and Investment of Funds in Hands of Trustees.

Safe De

The trustees shall deposit all trust funds which may, from time to time, come to their hands in their joint names in the Bank, or such other respectable bank or banks, trust company or trust companies, in or as they may from time to time agree upon; and may from time to time invest the same, until required, in the purchase of United States stocks or bonds, at their market value, or in the bonds secured by these presents, at any price not exceeding the par value thereof, or on loans secured on such stocks or bonds.

Date of Mortgage and Date of its Execution.

And whereas by reason of distance, lapse of time, or other accident, the dates of the actual execution of this indenture of mortgage and trust by the various parties thereto may be previous or subsequent to the day of which it bears date, now it is hereby

expressly agreed and declared that this indenture of mortgage and trust shall be dated the day of, 18—, and shall be valid and effectual as if executed on the day of the date thereof, and that this indenture of mortgage and trust is the indenture of mortgage referred to in the bonds herein before mentioned, the form whereof is herein before set forth, and is made and executed by and between the parties hereto as and for the indenture of mortgage and trust securing and intended to secure said bonds. as in said bonds is mentioned and recited.

All Copies or Counterparts executed simultaneously to constitute but One Instru

ment.

And inasmuch as it is intended that this indenture shall be simultaneously recorded in the proper offices in each of the several counties in the several states wherein the railroad property and premises conveyed hereby, or intended so to be, or some part thereof, is situate, or as near at the same time as possible, this indenture further witnesseth, that although twenty copies or counterparts thereof are simultaneously executed by the company under its corporate seal, attested by its president and secretary, in pursuance of a resolution of its board of directors, and delivered to the said trustees; and the said trustees, in evidence of their acceptance of the trusts thereby created, have likewise to each of said twenty copies or counterparts set their hands and affixed their seals simultaneously, to the end that one thereof may be recorded in each of said counties as aforesaid, all such copies or counterparts so executed and delivered, each as an original, shall constitute but one instrument.

Testimonium Clause.

In witness whereof the said -Railroad Company has caused its corporate seal, attested by its secretary, to be affixed to this and to other indentures of the same tenor and date, and its corporate name to be subscribed to the same by its president, and the said parties of the second part have set their hands and seals to each of the said indentures, all on the day and year first above written.

In testimony whereof the said Railroad Company, party of the first part, has caused its corporate seal to be affixed to these presents, and the same to be attested by the signatures of its

president and secretary; and the said Trust Company, party of the second part, has caused its corporate seal to be affixed to these presents, and the same to be attested by the signatures of its president and secretary, to testify its acceptance of the said trust, the day and year first above written.

In witness whereof, the parties have caused their respective corporate seals to be affixed to these presents, as also to a counterpart hereof, and the same to be signed by their respective presidents, and attested by their respective secretaries, on the day and year first above written.

PRECEDENTS.

Consolidated Mortgage to take up Prior Mortgages of several Portions of a Railroad and of its Branches.

This indenture, made and executed on the- day of―, 18-, by and between the Railroad Company, a corporation created under the laws of the state of, party of the first part, and the Loan and Trust Company of the city of, a corporation created under the laws of the state of, trustees, party of the second part, witnesseth: whereas the party of the first part owns and is operating a railroad in the which is composed of a main line from the city of

Recital of ownership;

state of

as the

to the city of ; and a branch from

to

Branch, which was acquired by a consolidation between the Railroad Company and the Railroad Company; and a branch from known as the Branch, which was acquired by a consolidation between the Railroad Company and the

branch from

of prior liens;

to

Railroad Company; and a

known as the

Branch; and whereas the said main line and branches are subject to the following liens, securing in the aggregate debts to the amount of dollars, contracted by the party of the first part, or the companies with which it has been consolidated, for the purpose of completing, finishing, or operating their railroad, that is to say: 1. The main line is subject to a statutory lien to secure the payment of dollars of bonds of the state of issued by said state in aid of the said Railroad Company; 2. The

Branch is subject to the lien of a mortgage made