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_w <br /> � � <br /> r�,��� <br /> �TcJ <br />� <br />`"�'� �� ! --__ �T41 i�P4 �. <br /> . . _.. _ . .. . . . __.'. .___'__ .._._.... ."'"_.- _.___' _.'_._.. _..._'"_.. _.___.. <br />'I � Railroad Co an or an of �hem under �or b reason of an of the obli ations cavenants or a r - <br /> �►P Y, Y � 3� Y 8 � 8 <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 <br /> � <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 <br /> � ; <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 �', <br /> I <br /> pr.eeent a.np cor�solidaticsn or merger of the .Railroad Companp with or into anp other corporation, or <br /> i <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 � <br /> . � <br /> howev�r, that such consolidat3on, merger or sale, aonve�a�ce or transfer, Bha11 not impa3r the lie � i, <br /> ; <br /> -and security of this indenture, or anp of the r�ghts or powera of the Trustee�, or of anp boridholde �, <br /> . ,� <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 <br />� <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 <br />