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<br />'I � Railroad Co an or an of �hem under �or b reason of an of the obli ations cavenants or a r -
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<br /> -ments contained in th3e .indenture, or in anp of the bonds or coupons hereby seoured, or i�liad
<br /> there�rom, and that any and all personal liabilitp, either at common law or in equitp, or bp stat
<br /> � -ute or constitution, of everp such atoa&�older, officer or dire�tor, is herebp eapresalp waived �
<br /> as a condition of, aad coasideration for, the e�ceeution of this mo�'tgage• and the issue of such bo�de ,
<br /> and coupone. �
<br /> 8eet ion 5. Nothing in thi� indenture, expressed or implied, ie intendec� or shall b•
<br /> construed to enlarge the securitp of the holders cf any of the old bonda described in 8ectioa S o
<br /> Article $econd hereof, or to create anp �rust in their favor or to give to anp person or corporat
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<br /> -icn ather than the part3es hereto, and the holdere of the bon�i.e� seeured hereby, any legal :or e-
<br /> -quita�ble right, remedp or claim under or in respect of thi� ind�nture,. or any covenant, conditio
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<br /> or provis3on herein containmd--all its covenantQ, conditions and provisione being interlded to be !,
<br /> and being far�the sole and eaalusive benefit of the parties hereto and of the holders of the bond�
<br /> iasued�and t o be issued hereunder. - ,
<br /> Sect ion 6. 3�pthing containedr 3n thi� inder�ure, or in any bonc� hereby eecured, shall �',
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<br /> pr.eeent a.np cor�solidaticsn or merger of the .Railroad Companp with or into anp other corporation, or
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<br /> any aale, �conveyarice or transfer, sub�ect to the continuing lien c�f �his indentvre and to all the
<br /> prov3sions hereof, of all the mor�gaged premises and property as an en�3rety to a railroad aorpor-�>
<br /> -at36n at that t3me. eaisti�g under and by v�r�ue of the lavrs of the United States, or any state or I
<br /> � statee or tarri�ary or terr�tories of the IInited $tates� and entitlad to acquire the same; grovide �
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<br /> howev�r, that such consolidat3on, merger or sale, aonve�a�ce or transfer, Bha11 not impa3r the lie � i,
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<br /> -and security of this indenture, or anp of the r�ghts or powera of the Trustee�, or of anp boridholde �,
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<br /> � �ereunder, andthat, upon anp auch consolidation, merger or sale, conveyance or tranafer, the due " '
<br /> � and punctual payment o� the principal and interest o� all of said bonde according to their �eaor,
<br /> and the dua and punctual. performance and observance of all the covenante and conditiona oY tl�is in
<br />- -denture, shall ba aaswated, �o far as the same lawfu7.lp may be , bp the �orporation formed bp �uch� - '
<br /> consolicl�.t�An or merger, or purchasin� as aforemaid. • �
<br /> Bection 7. In caae the Railroad Company, pursuant to 8ection 6 of this Article, shall
<br /> b� consolidat�ed or. merged with anp o�her aorporation, or shall sell, convey or t��nsfer� eub�eot t
<br /> � this indentur�, a11 th� mortgaged premise� and property as an �entiretp as aforesa�d, the succe�aor
<br /> corporation foainned by �uch consolidatior� or 3nto whieh the Railroad Company ehall have been merged
<br /> or vrhioh ahall have purchased and received a conveyance or transfer as a�oresaid, shall succeed to
<br /> and be �ubatituted for, the Railroad Company, partp of the first part herato, wi�h the aame effe�et
<br /> as if it had� been named herein as $uch par�y of the first par� � upon exeeuting, and causing to be
<br /> recorded, an indenture with the Trustse, sat3sfactory to the Trustee, Whereby such successor corpo -
<br /> . -ation ahall asaume the due �nd punctual papment of the princ#�pal and interest of aaid bonds and t
<br /> . parformance of all the covenanta and ��i�di��aaa of th3s 3nd.enture on the par� of the Railroac;� Comp p
<br /> to be. per�ormed-- .and such Buccessor. corpo�ation �hereupon map eause to be gigned, and map iaaue,
<br /> either in its o�n name or in tne name of the Union Pacifie Ra3.lroad Company, anp• or all of suah
<br /> ' bonde whic� shall not theretofore haee been signed by tha Raiiroad Companp and certi�ied bp the
<br /> � � Trust�e; and, upon th� order of said �uccee��aa�:corporation in lieu of the Railroad Company, and
<br /> eubject to aIl the termsi conditions and restrictions herein pre�ctibed� the Trustee shall ssrt�.fy
<br /> , . .and deliver any of sueh bonds which shall have been previauslp signed and delivered by the of�ic-
<br /> � -era of the Railroad Companp �o the Trustee far certification, and any of suah bonde which such
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<br /> I, succeasor corporation ghall t�.ereafter cauge to be eigned �nd delive�ced to the Trustee for that
<br />, purpose. All the bonds so issued shall in all� respects have �he same l�gal rank and security a� t
<br /> bonde theretofore or thereafter issued in aeaordanee with the terma of thia indentura.
<br /> Sectiori 8. For flnery purpose of this indenture, includ.ing the ezecution, i�sue and
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