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200505109 <br />STATE OF TEXAS ) <br />CITY OF FORT WORTH ) ss: <br />COUNTY OF TARRANT ) <br />On this 28th day of January, 2005, before me, Leslie H. Flores, a duly <br />authorized Notary Public in said City and County in the State aforesaid, <br />personally appeared James H.. Gallegos and Craig N. Smetko to me known to <br />be the Vice President and Corporate General Counsel and an Assistant <br />Secretary, respectively, of BNSF RAILWAY COMPANY, a corporation organized <br />and existing under the laws of the State of Delaware, one of the corporations that <br />executed the within and foregoing instrument; and the said James H. Gallegos <br />and Craig N. Smetko, severally, acknowledged the said instrument to be the free <br />and voluntary act and deed of said corporation, for the uses and purposes <br />therein mentioned, and on oath stated that they were authorized to execute said <br />instrument and that the seal affixed thereto is the corporate seal of said <br />corporation. <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed my <br />official seal the day and- year first above written. <br />91 <br />