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200310795
<br />WHEREAS, The Burlington Northern and Santa Fe Railway
<br />Company, a Delaware Corporation, formerly Burlington Northern
<br />Railroad Company and prior to that, Burlington Northern Inc.,
<br />corporate successor in interest and title by merger to Chicago,
<br />Burlington & Quincy Railroad Company (hereinafter called the
<br />"Company "), and Citibank, N.A., formerly The First National
<br />Bank of the City of New York, the Corporate Trustee, and Victor
<br />Zarrilli, successor to Frazier L. Ford, George E. Porter, Jacob M.
<br />Ford H, Bartlett Ford and John J. Ford, the Individual Trustee, (the
<br />Corporate Trustee and Individual Trustee, collectively called
<br />"Trustees ") are parties to that certain Chicago, Burlington &
<br />Quincy Railroad Company First and Refunding Mortgage dated
<br />February 1, 1921, as amended by Supplemental Indentures, dated
<br />as of August 1, 1944, as of August 1, 1945, as of February 1, 1950,
<br />as of February 1, 1958, as of May 3, 1968, two supplements as of
<br />March 2, 1970, as of May 23, 1972, as of May 14, 1981, as of
<br />December 31, 1981, as of December 31, 1996, and as of May 6,
<br />1999, under which First and Refunding Mortgage bonds of several
<br />series have been issued ( "Bonds ");
<br />WHEREAS, Chicago, Burlington & Quincy Railroad Company
<br />First and Refunding Mortgage Series of 2010 4% Bonds are the
<br />only issue of Bonds outstanding and the same have been set aside
<br />for cancellation by the Company, the sole holder of the bonds, and
<br />the Company has caused to be paid all sums payable by it under
<br />the Chicago, Burlington & Quincy Railroad Company First and
<br />Refunding Mortgage.
<br />NOW THEREFORE, in consideration of the premises and of the
<br />sum of ($10.00) to the trustees duly paid by the Company at or
<br />before the execution of this instrument, receipt of which is hereby
<br />acknowledged the trustees pursuant to the provisions of the
<br />Chicago, Burlington & Quincy Railroad Company First and
<br />Refunding Mortgage, do hereby acknowledge that said First and
<br />Refunding Mortgage is canceled, satisfied, and released and
<br />discharged; do hereby assign, convey, transfer and deliver to the
<br />Company, its successors and assigns, all the estate, title and
<br />interest of the Trustees in and to the property, rights and interest,
<br />conveyed, assigned and pledged to the Trustees under the Chicago,
<br />
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