|
�W�i�
<br /> �. ��� �����! e �1�' ��� ' �� � !
<br /> �_�������J 1���1� ������
<br /> -- — �__,--
<br /> Trustee, as provided for under the terms of said Indenture of Mortgage, as set forth in Sectio
<br /> 8ix of Article Thirteen thereof. . .
<br /> jN�VY THEREFORE, it is ordered by the Board of Directors of LY�►N-RICHEY SAND AND GRAVEL COMPANY
<br /> that �he FIRST TRUST C(}biPANY OF OMAHA, a corporation organized and existing under and by virtu
<br /> of the laws of the State of Nebxaska and having a capital and aurplus of more the.n Two Hundred
<br /> �
<br /> �'ifty Thousand Dollars (�250,�OO.QO) , be and hereby 'ia named and appointed Temporarq Trustee, �
<br /> succeedin�:. as sueh Temporary Trustee to �.11 the rights and privi].eges conferred and sub�eGt tft. �
<br />' !all the duties and obligations imposed upon said PETERS TRUST COMPANY as Trustee under said i
<br /> Indenture of l�ortga�e, and said FIRST TRU�T COMPANY OF OMAFiA, sha1l, f rom the date hereof,con-
<br /> � tinue to aet as Trustee under the terme of said Indenture of Mor��age until euch time as its
<br /> I or ru t e ma b� a ointed b tY�e bond holders , in the manner set out in 8ection Six
<br /> success T s e y pp Y
<br /> of Artie2e Thirteen of said Indenture of Mortgage, and
<br /> �
<br /> � I
<br /> BE IT FURTHti'R RES4LVED, _
<br /> That the President and �ecretary of the LYMAN-RICHEY 3AND AND GRAVEL CO]�PANY are hereby direct d
<br /> to execute under the corporate seal of the corporation an in8�rument in writing to carrp out
<br /> the provisions of this_ Resolution.
<br /> NOW THEREFOR�E, under the termg and provisions of 8eetion $ia of Article Thirteen of eaid In-
<br />, denture of Mortga�e and pursuant to the foregoing Resolution, _ the LYMAN-RICHEY 9AND AND GRAVEL
<br /> COMPANY does hereby name, constitute and appoint �he �IRBT TRUST COl1�PANY OF OMAHA,__Omaha,
<br /> Nebraeka, as Temporary Trustee under the said Indenture of Mortgage dated June l, 192�.
<br /> _ _
<br /> � '
<br />', ,fI1J WITNESS WHEH�OF, the LYMAN-RICHEY �AND AND GRAVEL COMPANY have caused this instrwnent of
<br /> �� appointment of Temporarq TruBtee to be e�cecuted by its President and 8ecretarp as of the date
<br /> LY1�AN-R I CHEY SAND AAtD QRAVEL
<br /> � of Nonember 30, 1929•
<br /> ? COMPANY
<br />; _ _
<br /> By �i.F.Curtis �
<br /> President �
<br /> � Attest; Fred P.Curtis
<br /> ; Secretary.
<br /> State oP Nebraska ) (3n this 21st da.y of January, 1930 before me, the undersigned,
<br /> .
<br /> ss.
<br /> County of Douglas a Notary Publie in and for said county, personally came H.F. Iis,
<br /> President of the Lyman-Richey Sand an� Gravel Company, and Fred P,Curtis, Hecretary of said
<br /> corporation, to me personally knovPn to be the President and 3ecretarp and the identioal per- �
<br /> sona whose names are affixed to the above and fore going i.nstrument and they each sevexally
<br /> acknowledged the execution thereof to be their voluntary aet and deed as such officers and
<br /> i ( the volunta.ry act and deed of said Lyman-Richey $�,nd and Gravel Company, and that the corpora e � ��,
<br /> ,
<br /> seal of said Lyman-Richey 3and and Gravel Company was thereto attached by ite authori.t�►.
<br />, �►itness my hand and Notarial 9ea1 at Om�ha, in said County the day and year first above
<br /> written.
<br /> James R.Burke
<br /> $eal 1Potary Public. "
<br /> THAT thereafter on January 22, 1930 the ��id FIRST TRUST COMPANY OF OMAHA accepted eaid
<br /> appointment ae Teraporary Trustee by wxitten instrument of ace�ptance, which said written in-
<br /> strument of acceptance is in worde and figures as followe; `
<br /> "KNO�f ALL �IEN BY THE,9E PRESENT3; �
<br /> SXHEREAS, on the 30th day of Noeember, 1929 the Board of Directors and Officers of LY�BAN-RIf�HE
<br /> SAND AND aRAVEL COMPANY OF O�iA, a corporation organized and exi�tin� under and by virtue of
<br /> the Ia�s of the State of Nebraska, as Teraporary Trustee to sueceed PETERB TRUST CO�PANY,Trust e,
<br /> under the Indenture of Mortgage executed by LYMAN-RICHEY SANI� ANA GRAV�L C0�6PANY, to PETERS "�
<br /> TRUST COMPAI6Y dated June 1, �925: �
<br />
|