reasonable improvements and additions thereto, taxes, rentals and all other proper and reasonable charges, to apply its net income, if any, derived from its operation of said demised railroad, to the payment of interest on the bonds and obligations now issued for which the first party, or the property owned by it, is liable, or obligated to pay.

In Witness Whereof, the parties hereto have caused their corporate names to be hereunto subscribed by their respective Presidents, and their corporate seals to be attached and attested by their respective Secretaries, the day and year first above written.

On this 2nd day of August, 1904, before me appeared Henry A. Gardner, to me personally known, who, being by me duly sworn, did say that he is the President of the Jacksonville & St. Louis Railway Company, 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 authority of its Board of Directors, and said Henry A. Gardner acknowledged said instrument to be the voluntary act and deed of said corporation.

[SEAL]

STATE OF ILLINOIS,

COUNTY OF COOK.

SS.

J. H. PETTIBONE,

Notary Public in and for said County and State.

On this 22d day of September, 1904, before me appeared Geo. B. Harris, to me personally known, who, being by me duly sworn, did say that he is the President of the Chicago, Burlington & Quincy Railroad Company, 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 authority of its Board of Directors, and said Geo. B. Harris acknowledged said instrument to be the voluntary act and deed of said corporation. HERBERT HAASE, [SEAL]

Notary Public in and for said County and State.

DEED, July 1, 1905, The Jacksonville and Saint Louis Railway Company to Chicago, Burlington & Quincy Railroad Company.

*

Indenture, Made this first day of July, A. D. 1905, by and between the Jacksonville & St. Louis Railway Company, party of the first part, and

the Chicago, Burlington & Quincy Rail Road Company, party of the second part, both being corporations created, organized, and existing under and by virtue of the laws of the State of Illinois, Witnesseth: That,

Whereas, The first party being thereunto duly authorized by law, is the owner of a certain railroad hereinafter described, in the State of Illinois; and,

Whereas, The railroads of the parties hereto connect, and make a con tinuous railroad; and,

Whereas, The second party is now in possession of and operating the said railroad, in connection with its own railroad, under a lease for twenty-five (25) years, and has offered to purchase the remaining interests, property, and franchises of the first party in and to its railroad, upon the terms and conditions hereinafter stated, which have been agreed to by the directors of both the said companies, and approved by the stockholders owning and holding two-thirds in amount of the capital stock of each of the said companies, in manner and form as required by law:

Now, Therefore, This Indenture Witnesseth: That the said first party, for the considerations hereinafter expressed, by these presents does grant, bargain, sell, convey, release, assign, and transfer, to the said second party, the following described railroad, property, franchises, and privileges, towit:

Its certain railroad, beginning at Concord, in Morgan County, Illinois, thence extending southeasterly, via Jacksonville, to Centralia, in Marion County, Illinois, a distance of about one hundred and twenty-one (121) miles;

Together with all road-beds, rights of way, bridges, depot and terminal grounds, and other lands or interest therein; station houses, buildings, and structures of whatsoever kind; leaseholds, rights under contract and licenses; locomotives, cars, and other rolling stock and equipment; telegraph lines, supplies, tools, and material; rents, profits, income; and all other property, real or personal, of whatsoever kind and wheresoever situated, now owned by it or hereafter to be acquired, whether appurtenant to the railroad aforesaid or otherwise. Also all rights, privileges, immunities, and franchises belonging to the said first party, except its franchise to be a corporation.

To Have and to Hold the same to the said second party, its successors, and assigns, forever.

In consideration of the foregoing, the said second party covenants and agrees with the said first party that it will equip the said railroad, or cause the same to be equipped, and will maintain and operate the same, or cause the same to be maintained and operated, in such a manner as to furnish reasonable accommodations to the public; that it will pay, or cause to be paid, all taxes and assessments that may be lawfully levied upon the said railroad and property, or any part thereof; and will assume and discharge the funded debt, both principal and interest, of the said first party, as it may mature; and that it will pay to the owners and holders of the capital stock of the said first party ten (10) dollars for each share of their stock, upon the presentation and surrender of the certificates therefor.

And, to the end that the second party may have, hold, use, exercise, and enjoy the railroad and property and franchises of the first party, hereby conveyed and intended to be conveyed, and whether now existing or hereafter acquired, as fully as might be done by the first party, if this conveyance had not been made, the first party agrees to execute from time to time any additional assignment, conveyance, or assurance, and to perform any act, which the counsel of the second party may advise; and, for the purposes aforesaid, the first party agrees, if the second party shall so desire and advise, that it will keep up and maintain its corporate existence and organization.

In Witness Whereof, the parties hereto have caused their corporate names to be hereunto subscribed by their respective Presidents, and their corporate seals to be hereto attached and attested by their respective Secretaries, the day and year first above written.

On this 20th day of November, A. D., 1905, before me appeared Henry A. Gardner, to me personally known, who, being by me duly sworn, did say that he is the President of the Jacksonville & St. Louis Railway Company, 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 authority of its Board of Directors; and said Henry A. Gardner acknowledged said instrument to be the free act and deed of said corporation. SOPHIA CHANDLER,

[SEAL]

STATE OF ILLINOIS,

COUNTY OF Cook.

SS.

Notary Public in and for said County and State. My commission expires December 15, 1908.

On this 21st day of November, A. D., 1905, before me appeared Geo. B. Harris, to me personally known, who, being by me duly sworn, did say that he is the President of the Chicago, Burlington & Quincy Rail Road Company, 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 authority of its Board of Directors; and said Geo. B. Harris acknowledged said instrument to be the free act and deed of said corporation. J. H. PETTIBONE,

[SEAL]

Notary Public in and for said County and State.

My commision expires March 3rd, 1906.

FENTON AND THOMSON RAILROAD

COMPANY

This company was incorporated under the General Laws of Illinois by Articles providing its time of commencement shall be June 1, 1903. By the second section of its articles, this company defined its road as follows, to wit:

"It is intended to construct the proposed railway from a point on the Galesburg and Savanna branch of the Chicago, Burlington & Quincy Railroad, about two miles north of Fenton, in the County of Whiteside and State of Illinois; thence in a northerly direction to a point about three miles south of Thomson, on the said Galesburg and Savanna branch of the Chicago, Burlington & Quincy Railroad, in said County and State, a distance of about 12 miles."

It was organized at Chicago, July 6, 1903, and built from Fenton Junction, on the Galesburg and Savanna branch of the Chicago, Burlington & Quincy Railroad, thence in a northerly direction to Ebner, Illinois, on the same branch a distance of twelve and seven tenths miles.

It was completed January 1, 1905.

By lease for twenty-five years, dated January 2, 1905, this company leased all of its road to the Chicago, Burlington & Quincy Railroad Company.

In 1906 this company conveyed its road to the Chicago, Burlington & Quincy Railroad Company by deed, dated March 1, 1906.

ARTICLES OF INCORPORATION, June 4, 1903. Fenton and Thomson Railroad Company.

We, the undersigned, Henry W. Weiss, Chester M. Dawes, Charles V. Carpenter, Joseph A. Connell, and John M. Dering, desiring to form an incorporated company for the purpose of constructing and operating a railroad under the laws of Illinois, hereby adopt the following Articles of Incorporation:

First: The name of the proposed corporation shall be the Fenton and Thomson Railroad Company.