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__ _ � <br /> - ; <br /> 142 <br />! - ----_ __._ --- ---- - -- . <br /> Sectian 16. 9hould any deed, conveyance or. 3.nstrtunent in �rriting from the Railroad Com- <br />� -panp 'be require� by any new trustee for �ore fully and certainly ve�ting in and cor�firming to s ah � >'� <br /> ne� trus�ee such es�ate, rights,. power�. and duti�s, an� and a7.1 such deeds� aonveyaness and instr <br /> -ments in wr3ting sha].1, on request , be made, �xecuted, acknowledged anci delivered bp and at the <br /> expense of the Railroad Company. <br /> ARTICL� SEVENTH. - <br /> RELEA�ES OF MOR�QAQED PROP�RTY. . . . . � <br /> Section 1. Upon the written. reque�t of the Railroad Company, approved by resolu�ion of <br /> its Hoard of Director�, the Trustee, from time to time, while the Ra�lroad Companp i•s in posr�as� • <br /> -ion of the mortgaged prem3se�, but gub�eat to t�ie eonditions and limitations in thi� Article se \t �'� <br /> forth, and not other�rise , shall release from the lien and operation of this indenture any part o <br /> the mortgaged prem�se$ and property then raub3ect thereto; PROVSDED (1) that no pa�r� af the track <br /> or of the ri$hts o� way shall be relmaaed, unlese the same �hall be no "lon�er of wae in the oper- ' . <br /> -at ion o� a�y of the mort gaged lines of railroad, and no;paat��-o� �uch track ar rigk�.te of �ray shal � . <br /> be so released if therebp the cont inuity of �Ghe sa3d 1.3ne�a of . rai7.road of� the Railroad Com�any s�r 1 <br /> . be broken; and (3} that no: gar� o� the mortgaged railroads or property shali be xel.sa�ed hereunde , ' . <br /> unless at the time of such rsiease 3t shall nc .longer be necessary or espedient to retain �he sam . <br /> for t3�e operation, maintenancs , or use of such line� of railsoad, or For ��e in �ha busine�s of t <br /> Ra3lroad Com�any. _ • <br /> � �ection 2, No euch releaBe $hall be made unle�s. the Ra3lroad Company ehall have sold�o <br /> shali have eontracted to sell � or to exehange �or other property or right�, the paoperty so to be � <br /> released; and, unle�s some other diaposition �hereof be required by the Rs�ilroad Compan��a �aid <br /> F3.rst Mortgage, dated July 1,1897, and executad� to �he �ter�antile Trust Companp, as truetee:� tbe <br /> groce�d� of anp and all such sale� or eachange� and �11 mor�eya receiatsd�:aaa eampen�ation for any <br /> �aroperty subject to the lien hereo� taken by ezercise o� the power af eminent dornain, ahall be set <br /> apart and held in trust by the Trustee and a�plied, at the rea�uest of the Railroad t3ompany, to �he . <br /> purcha�ae of other proparty, re�� �r peraon�l:; �hich sha].1 become �ub�eat to �hi� indenture a� � fi at <br /> , lien th�reon, or in betterments of, or aalditior�� to, or to the purcha�e of rolling stovk �or, any • <br /> part of the mortgaged pren�ise�. �iuvh purchases bet�erments and additions �hall be made or direc�e <br /> 4 . <br />' bp the R�ilroad Com�?any and the amount thereof shall be pai� by the Trustee out o� eucsh proceed$ i <br /> pursuancs of the written reque�t of tne Railroaci Company �eapreeesd over the signature o� ite Pree�i <br /> , <br />� -dent ar one of itg Vice-Presidents by order of ite Board of Directors, which request shall Eonsf� - <br /> -ute a suff iaiant warran� , direct ion and �us�3fication to 'the Truetee for the papment of the money <br /> as therein and thereb� requas�ed. . ' <br /> Section�3. Any new praperty acquirec� by the Railroad Company to take the p�.aoe of aay <br /> property released hereunder, ipso facto, shall become �n3 be sub�eot to the lien of this indenture <br /> aa fully as if specificallp mortgaged hereby;. .but , if requeated bp the Trustee, the �iailroad Compa y <br /> w311 convey the eame to th� Trustee, bp appropiate deeds, upon the trusts and for the purpose8 of <br /> this indenturs. � : . <br /> $ection 4. The Railroad Com�ar�, while in possesafon of the mort gaged premiseQ, ahall <br /> alao have full po�ver, in its d3�acretion, from time to time, to �liepoge of any portion of the maah- <br /> -inerp, equipment and implements, at any time held sub ject to the 13en hereof, which �l�all have bec: <br /> -coms unfit for uae, replaeing the same by new machinery>, equipment or implements, -of at le�st eq 1 • <br /> value, upon which without further convey�nce th3s indenture ahe.11 �on�titute a first lien; StTBJECT <br /> HOWEVER, ae hereinbefore provided to the lien of the $aid Fir�t Mortgage , dated July 1,1897� ese�u - <br /> -ed bp �he Rai�,road Compariy and The Mercantile Trust Campanq, as �ruatee. <br /> �ection 5. In no event shall the. Tru�tee nor a�p purchaeer �or purchaserg o� ang propert <br /> dold ox diapq�ed of under any provigion of this Ar��,��g be reguired to see to the appl3eat3.on of <br />