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<br />83-uulU63
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<br />liHEREAS, by Supplemental Indenture (No. 12), dated as
<br />of March 2, 1970, to said Great Northern Railway Company Gen-
<br />eral Gold Bond Mortgage, the lands, property and real estate of
<br />the former Chicago, Burlington & Quincy Railroad Company were
<br />subjected to the lien of said General Gold Bond Mortgage, and
<br />
<br />WHEREAS, by Supplemental Indenture, dated as of March
<br />2, 1970, to said Consolidated Mortgage, the lands, nroperty and
<br />real estate of the former Chicaqo, Burlington & Quincy Railroad
<br />Company were subjected to the lien of said Consolidated Mort-
<br />gage, subordinate to the prior liens of said First and Refund-
<br />ing Mortgage and said General ~old Bond Mortgage, and
<br />
<br />WHEREAS, subsequent to name change of Burlington
<br />Northern Inc. to Burlington Northern Railroad Company on May
<br />14, 1981, by three Supplemental Indentures each dated May 14,
<br />1981, Burlington Northern Railroad Company has assumed and
<br />agreed to be bound by all of the covenants and conditions of
<br />said First and Refunding Mortgage, said General Gold Bond
<br />Mortgage and said Consolidated Mortgage and supplements
<br />thereto, and
<br />
<br />WHEREAS, Burlington Northern Railroad Company, duly
<br />and in accordance with the provision of said three mortgages,
<br />has made application to the Trustees thereof for the release of
<br />said property,from the lien thereof;
<br />
<br />NOW, THEREFORE, THIS INDENTURE WITNESSETH that
<br />Citibank, N.A., as Trustee of said First and Refunding Mortgage
<br />and said General Gold Bond Mortgage, and Morgan Guaranty Trust
<br />Company of New York, as Trustee of said Consolidated Mortgage,
<br />in consideration of the sum of One Dollar (Sl.OO) and other
<br />good and valuable consideration, the receipt whereof is hereby
<br />acknowledged, do hereby forever release and discharge from the
<br />lien of said mortgages and all supplements thereto, respec-
<br />tively, and remise, release and quitclaim unto Burlington
<br />Northern Railroad Company, a corporation organized and existing
<br />under the laws of the State of Delaware, all of their respec-
<br />tive rights, title, interest, claim or demand whatsoever said
<br />Citibank, N.A., and Morgan Guaranty Trust Company of New York
<br />may have acquired in, through, or by said Trust Mortgages, as
<br />such Trustees, in and to the property si tuate at
<br />
<br />Grand Island,
<br />County of Hall . and State of Nebraska
<br />more fully described in said Exhibit "A", hereto attached.
<br />
<br />TO HAVE AND TO HOLD said property or real estate unto
<br />said Burlington Northern Railroad Company, its successors and
<br />assigns, free and clear and discharged of and from all liens
<br />and claims under said mortgages.
<br />
<br />The recitals ~ade herein are to be taken only as
<br />recitals made by Burlington Northern Railroad Company, and not
<br />by any of the mortgage trustees. The reservations and excep-
<br />tions, if any, set forth in said Exhibit "A" are intended to be
<br />for the benefit of the mortgage trustees as well as Burlington
<br />Northern Railroad Company and the liens of the aforesaid mort-
<br />gages on the rights and interests so reserved and excepted, if
<br />any, are not released, and nothing herein contained shall in
<br />anywise affect, alter or diminish the liens or encumbrances of
<br />the aforesaid mortgages on any of the properties covered by
<br />them respectively which are not hereby specifically released.
<br />
<br />This release is made and accep~ed by said ~ortgage
<br />trustees without covenants or warranties, either e~pressed or
<br />implied in law or in equity, and shall be without recourse
<br />59.lnst such trustees or any of them in any event or in any
<br />contingency.
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