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�'��I- _ ?._ � _ _ _ - -- - . - _ <br />� . , <br />; i�9 <br />; <br />�� �� � s �r.P,.Q ��� <br /> real property, or for the purchase of rolling stock or pther equipment then in actual .use 'bq the <br /> Railroad Company, a supplemental �ndenture, �duly e�ecuted by the Railroad Company �to the Tx�etee - <br /> Ispecificallpeub�ecting such railroads, branches or eatensions or main t rack or real propert�r, or <br /> rolling stock or equipment as t3�e case may .be , to the lien of this indentuze. <br /> (d} An opin3on of ccunsel that such railroade, branehea�, or eatenaions, as the case may b� <br /> are free from any mortgage or lien prior to the lien of thi� inden�ure, and that this indenturm <br /> conatitutee a first lien thereon, or aa opinion o� counssl that such addi�i0nal main track eon- <br /> -e�ru�ted or under construction in doubla tracking any of the linea of ra3lroad then subJect tv <br /> this indenture� or such engines, car� or ���es��:�olling atock or equipment, or snch term3nals, re <br />. eetate, struetures, addition�s, improve�nents, betterments or other property, as the case may�be, e <br /> frea from any mortgage or I3en prior to the lien of this indenture, unless it be the lien of the <br /> said Fir�t Mortgags e�recuted by the Ra►i.lroad Companp to The Mercantile Trus� Compar�r, as Tru�tee, <br /> under date July 1,1897, and that this indenture eonstitutes a lien thereon. - <br /> (2} A� any and e11 t3me� the Railroad Companp will eaecute and deliver to the Trustee any <br /> and all su�h further aseurances or conveyancea og the property cerified to have been coas�ructed <br /> or acqu3red as aforesaid, as the Trvuatee shall reasonably direct or require for the purpoee of ea <br /> --pressly and specificallq sub�ecting �he same to the lien o� this indenture. <br /> (�) The Trustee map recei�b the. certificate of the Secretary or ane of the A�siatant 8ecre�- <br /> -tar3es of the Railroad Company, under the corporate seal of the Raiiroad Compan�r,� as coaclusive <br /> evidence of �he adoptiQn by �he Board of Directors of the Railroad-Company of anp of the resoluti <br /> hereinbefore provided for. The same offiEer or of�cere of the Railroad Company need not certifq t <br /> all the facts required to be certified to under the provisionB o� th3s Section 4, bu� differem� o <br /> -fic�rra may certify to di�ferent facts and. opinions. The reeolution�, statements and certificates <br />, � required or provided by any pravision of this 3eetion 4 to be delivered�to the Trustee aua a con- <br /> -dition of the certification of bonds herennder map be reaefved by the Trustees as� eonclu�ive ev- <br /> --idenee of any faet pertaining to its right or duty to eertifp and deliver bonds pursuant ta Se�ti <br /> 4 of this Article, and shall be full Warrant , authoritp and protection to thm Trustea acting on t <br /> faith thereof, for the certification by it of such bonds, not only in respec� of the facts eapregs <br /> -�e� 3n such re�olution, statement or certificate, but also in respect of the opinion tberein con.- . <br /> -tained. � <br /> (4) Upon the deliverp to the Tru�tee of a11 the instruments hereinbefore in th�e 8ection 4 <br /> requi.red to be delivered for the purpoeeco� authcriz�ng the certification and delivery ot` bonds <br /> reeervsd under said seetion, and upon the del�vsrp to the Trus�ee of all euch further assuranoae <br /> and conveyance�, if anp, as shall be req�ired bp it, a� aforesaid, �he Trustee shall certifq arid <br /> shall deliver to the Railroad Company bonde Beeurad hereby equal at their face value to the amount <br />� _ certified to have been eapended by the Railroad Company, as aforesa3.d, or to the' greatest mult���e <br /> . of �3,000. aoataine� therein. The bonds so certified and del3vared map be used by the Railroad Co <br /> � -panp for anp of its laWful Qorporate purposes. <br /> 8ection 5. Every old bond which shail be deposited with or otherw3se aaqu3red by the T t- <br /> -�a, as provided in Seet�on 3 of Article 8ecand hereof, ahall by the Truatee be stamped with the <br /> Words "Not negotaible.; Held i� trugt for the purposes declared in the First Lien and Refunding <br /> � <br />� l�ortgage of the Union Pacific Railroad Companj�., dated June 1,1908," and (ei�her w3th or without c - <br />: - veraion into .regigtered bonds e�t the aption of the Truateej ehall be held by the Trustee ag purcha - <br />; <br /> -er, Withou� extinguishment or impa3rment of lien, as additional security for the paymen� of the <br /> bonds hereby secured, until (1} all the old bonda shall have been so deposited (except lost or des <br /> -troped bonds for �hich satisfactorp indemnity map havebeen g3.ven) � or until (� the mortgage sec - <br /> -in� ths old bonde, � hall have been satisfied and discharge8 of record, when, in either such casei <br />; all the depoa3ted old bonds shall, upon the written request of the Railroad Comparlp, be eanceled <br />�, <br />� <br /> _ <br />� <br />