of such expert; the report of such expert to be filed in triplicate, an original counterpart with each of said corporate trustees and an original counterpart with the railroad company, the counterpart filed with either corporate trustee to be open to inspection. by any holder of any bond issued under the mortgage of which such corporate trustee shall be a trustee.

(Provision in Missouri, Kansas and Texas Railway mortgage, drawn by Adrian Larkin of LARKIN, RATHBONE & TERRY, of New York City.) For related forms, see Forms 3173, 3174, 3390, 3391, 3401.

Form 3390.

Provision Against Creation of Prior Liens.

Except as otherwise by this indenture expressly authorized, the railroad company will not create, or suffer to be created, any debt, lien or charge (except equipment obligations issued for the purchase price of rolling stock and equipment, secured by an instrument of trust or conditional sale relating only to such rolling stock and equipment, or instruments of further assurance or security that may be required by the terms of some mortgage or deed of trust or other instrument than a lien on some part of the trust estate in priority to this indenture) which would be prior to the lien of this indenture upon the trust estate, or any part thereof, or upon the income thereof; and, within three months after the same shall accrue, it will pay or cause to be discharged, or will make adequate provision to satisfy and discharge, all lawful claims and demands of mechanics, laborers and others which, if unpaid, might by law be entitled to precedence to this indenture as a lien or charge upon the trust estate or some part thereof, or the income thereof; provided that the railroad company shall not be required to pay any such debt, lien or charge so long as it shall, in good faith, by appropriate legal proceedings, contest the validity thereof or the amount thereof unless thereby, in the judgment of the corporate trustee, the security afforded by this indenture will be materially impaired or endangered.

(Clause in Missouri, Kansas & Texas Railway mortgage, drawn by Adrian Larkin of LARKIN, RATHBONE & TERRY, New York City.)

For related forms, see Forms 3173, 3174, 3389, 3391, 3401.

Form 3391.

Provision for Insurance.

The railroad company shall and will, at all times, keep in. sured its rolling stock, tools and machinery, its buildings and all other structures erected or to be erected on the mortgaged premises, and all other property provided for use in connection with the railways and premises at any time subject to the lien of this indenture, usually insured by railroad companies, and in the same manner and to the same extent; and every of the controlled companies of the railroad company shall and will keep insured the property of such company usually insured by companies of the like character, and in the same manner and to the same extent.

(Provision in Missouri, Kansas & Texas Railway mortgage, drawn by Adrian Larkin of LARKIN, RATHBONE & TERRY, New York City.)

Form 3392.

Provision in Trust Deed Securing Preferred Stock.

Note: After reciting the purpose and powers of the corporation, the amount of its capital stock, the division and value of the shares, the issue of its preferred stock evidenced by certificates thereof (showing the dividend payable thereon), and reciting the due action of stockholders authorizing the execution of a mortgage to secure said dividends and the performance of other provisions in said certificate, the provision proceeds as follows:

Grant and creation of trust.

Now therefore, for and in consideration of the premises and of the sum of ten dollars, lawful money of the United States, to said mining company, paid by said trustee and for other good and valuable considerations, the receipt and sufficiency of which are hereby confessed, and in execution of the powers in this behalf conferred by law, and in order to secure the payment of said certificate of preferred stock and also to secure equally and ratably the payment of the dividends in any and all such certificates of preferred stock as shall be issued from said certificate hereinabove set forth, as well as to secure the faithful keeping and performances of each and every of the terms, covenants and conditions of said preferred stock, whether issued contemporaneous with the execution of this mortgage or hereafter duly issued out of or from said above named certificate,

the said the Fifty Gold Mines Corporation has granted, bargained, sold, conveyed, assigned, transferred and delivered and by these presents does hereby grant, bargain, sell, assign, transfer and deliver to the said the Empire Trust Company and to its successor or successors in trust hereby created, its and their assigns forever, all of the following described property, real and personal, situate in the county of Gilpin, State of Colorado, to wit: *

Habendum.

To have and to hold the above-described premises together with every right and privilege, usually had and enjoyed therewith unto the said second party, trustee, and to its successors in said trust forever.

Purpose of trust.

In trust, however, for the following purposes, to wit: That the same shall be held as security for the payment of the cumulative dividends in said certificate of preferred stock provided, and for the equal pro rata benefit and security of the several respective holders of said certificates of preferred stock in the event of the issuances thereof as above provided, without preference or priority of one certificate over another, upon the following express trust, uses and purposes.

Defeasance clause.

It is hereby mutually covenanted and agreed between the parties hereto, that if the said first party shall well and faithfully pay all of said cumulative dividends on said preferred stock when the same fall due, as herein expressed, and shall provide for and pay the said dividends as they severally fall due, and according to the tenor and effect of said certificate or certificates, and shall well and faithfully keep and perform all the other covenants contained in said certificate or certificates of preferred capital stock, and this deed, on its part to be kept, then this deed shall be void and the property hereby conveyed shall be released to the first party, its successors and assigns.

(Construed in Spencer v. Smith, 201 Fed. 647.)

Form 3393.

Rights of Bondholders to Institute Proceedings.

No holder of any Prior Lien Bond or coupon shall have any right to institute any suit, action or proceeding in equity or at

law for the foreclosure of this indenture, or for the execution of any trust hereunder, or for the appointment of a receiver, or for any other remedy hereunder, unless such holder previously shall have given to the trustees, by delivery to the corporate trustee, written notice that some event of default specified in such notice has happened, nor unless also the holders of twenty per cent. in amount of the Prior Lien Bonds then outstanding shall have made written request upon the trustees, filed with the corporate trustee, and shall have afforded to the trustees reasonable opportunity either to proceed to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in their own names; nor, unless, also, they shall have offered to the corporate trustee adequate security and indemnity to the trustees against the costs, expenses and liabilities to be incurred therein or thereby; and such notification, request and offer of indemnity are hereby declared in every such case, at the option of the corporate trustee, to be conditions precedent to the execution of the powers and trusts of this indenture and to any action or cause of action for foreclosure or for the appointment of a receiver or for any other remedy hereunder; it being intended that no one or more holders of bonds and coupons shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the lien of this indenture, or to enforce any right hereunder, except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of such outstanding bonds and coupons.

(Provision in Missouri, Kansas & Texas Railway mortgage, drawn by Adrian Larkin of LARKIN, Rathbone & TERRY, New York City.)

For related forms, see Forms 3173, 3388, 3391.

Form 3394.

Provision for Assignment of Rents and Profits by Mortgagor.

As further security for the payment of said indebtedness, interest, insurance premiums, taxes, sinking funds or any other sums of money herein mentioned, or any part thereof, at the time and in the manner herein agreed, the said mortgagors, hereby sell, assign, set-over, and transfer to said trustees, all such rents and profits and arrears of rent, or instalments of

principal and interest under any land contract or contracts of any nature as then are or may thereafter be or become due or owing to said mortgagors, their personal representatives or assigns, from the tenants, occupiers, lessees or assigns of any lease or leases of the above described lands, premises and property, including any new building or buildings hereafter constructed, erected or placed on the premises covered or intended to be covered by this indenture or from the vendees or assignees of the vendees' interest under any land contract or contracts covering the same, which assignment of rents and profits shall run with the land and shall be good and valid as against the mortgagors or those claiming under or through them from the date of recording of this indenture, and should default be made in the payment of any of the sums of money above mentioned, then, this assignment shall operate against and be binding upon the occupiers of the premises from the date of the filing by the trustees in the office of the register of deeds for the county of State of Michigan, in which the property herein described is located, of a notice of default in the terms and conditions of this indenture, and a service of a copy of such notice upon the occupiers of the premises herein described, and upon receipt of such rents or instalments of principal and interest under land contract or contracts, said trustees, may give proper acquittances and discharges thereof, but in default of payment of such rents or any part thereof, or of said instalments of principal and interest under land contract or contracts may proceed by suit or suits at law for the recovery thereof, as they shall deem advisable, and out of the rents and profits, or instalments of principal and interest under land contract or contracts thus collected and received, said trustees shall apply the same to the indebtedness secured hereby, whether principal or interest, and include any other items secured by this indenture. This assignment shall continue and be and remain in full force and effect, until the indebtedness secured hereby, with all interest and items paid in pursuance of any provision hereof are fully paid and satisfied, unless, the trustees, shall relinquish to said mortgagors, the right to thus collect and apply such rents, profits or instalments of principal and interest under land contract or contracts, but in the event of such relinquishment, the right of said trustees, to collect and receive such rents, profits and instalments of principal and interest under land contract or contracts, shall, at their option, be revived on any future default in the respects