|
20031479'7
<br />Mortgage, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration,
<br />the receipt whereof is hereby acknowledged, do hereby forever release and discharge from the lien of said
<br />mortgages and all supplements thereto, respectively, and remise, release and quitclaim unto The
<br />Burlington Northern and Santa Fe Railway Company, all right, title, interest, claim or demand whatsoever
<br />said Citibank, N. A., and said First Trust of New York, National Association, now U.S. Bank Trust
<br />National Association, respectively, may have acquired in, through, or by said Trust Mortgages, as such
<br />Trustees, in and to the properties situated in the County of Hall, and State of Nebraska, more fully
<br />described in said Exhibit "A" (M -4), hereto attached.
<br />TO HAVE AND TO HOLD said property or real estate unto The Burlington Northern and Santa
<br />Fe Railway Company, its successors and assigns, free and clear and discharged of and from all liens and
<br />claims under said mortgages.
<br />The recitals made herein are to be taken only as recitals made by The Burlington Northern and
<br />Santa Fe Railway Company, and not by Citibank, N. A., or First Trust of New York, National
<br />Association, now U.S. Bank Trust National Association, respectively, as mortgage trustees. The
<br />reservations and exceptions, if any, set forth in said Exhibit "A" (M -4), are intended to be for the benefit
<br />of Citibank, N. A., and First Trust of New York, National Association, now U.S. Bank Trust National
<br />Association, respectively, as mortgage trustees, as well as The Burlington Northern and Santa Fe Railway
<br />Company and the liens of the aforesaid mortgages on the rights and interests so reserved and excepted, if
<br />any, are not released, and nothing herein contained shall in anywise affect, alter or diminish the liens or
<br />encumbrances of the aforesaid mortgages or any supplements thereto on any of the properties covered by
<br />said mortgages which are not hereby specifically released.
<br />This confirmatory partial release is made and accepted by said mortgage trustees without
<br />covenants or warranties, either expressed or implied in law or in equity, and shall be without recourse
<br />against such mortgage trustees or any of them, in any event or in any contingency.
<br />IN WITNESS WHEREOF, said corporate mortgage trustees have caused this indenture to be
<br />signed and acknowledged or approved by one of their respective authorized officers, and have caused
<br />their respective corporate seals to be hereunto affixed, and the same to be attested by the signatures of one
<br />of their respective authorized officers, all as of the day and year first above written.
<br />WHEN RECORDED MAIL TO:
<br />ANT, LLC
<br />5720 LBJ FREEWAY
<br />SUITE 190
<br />DALLAS, TEXAS 75240
<br />
|