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merger transaction the corporate name of Great Northern Pacific & Burlington Linos, Inc., was etranged t4 Burlington Northern Inc., that all necessary and proper corporate, regulatory and legal action was taken in connection with said merger and change of corporate n.tme ;that due proof of stash merger has ~ been duly filed and."or recorded wit}r the Secretaries of State of tine States of Delav%ara, Illinois, Colorado, ~ Iowa, Kansas, Kentucky, Minnesota, Missouri, Montana, Nebraska, South L`akota, +i%isconsin and Wyom- CO ing. ~ I do further state and certify, that in accordance with the provisions of said Agreement, and that `~ as a result of the said merger, Burlington Northern Inc., ('BNI") as the successor in interest and title by ~ by merger to Chicago, ;3urling+_ a & Quincy Railroad Company, ("CB&Q"),owns, possesses, and is vested with, full dominion, control, and indefeasible fee title in and to, alt of the rights, privileges, powers and fran- chises, as v: elf of a ptrblic as of a private nature, and is sabject to all the. restrictions, disabilities and '`f duties of CESaQ, and all and singular the rights, titles, interest.,, equities, privileges, powers xnd iran- chisel of CB&Q, including without limitation its right to exercise. the power of eminent domain to the extent permitted by law, and all property, real, personal and mixed, and all debts clue to CB&Q on whatever account, are vested in BNI and all property, rights, titles, interests, equities, privileges, powers and :ranchises and all and every oilier interest is as effectually the property of BNI as they were of s CB&Q, and the title to any real estate vested by deed or otherwise in CB&Q did not revert nor was it in any way impaired by said Agreement or by said merger, rather, by and through said Agreement and merger said title was tra,~sferred to Burlington Northern Inc. ; upon said merger ail rights of creditors and all liens upon any property and duties of C'E&Q became those of Burlington Northern Inc., and may be enforced against BNI to the same extent as if said debts, liabilities and duties had been incurred or contracted by BNI. Effective as of the Dlxrch '3, 1970 merger date, Burlington North- ern Inc., did expressly assume all contracts, mortgages, deeds of trust and indentures made by GB&Q or it_v predecessors, and the supplements and amendments thereto, and all bonds and other obligations secured thereby, and the original corporate documentation in the records of the Company so reflects, provided, however, nothing in said Agreement, merger ur this Affidavit and Certificate shall be con- strued or is intended to extend or enlarge the lien of any indenture, agreement or other instrument exe- cuted by CB&Q. ?Vfarc)t ~, 1 X70 31err)er of Great _Northern Railuaau Conrpaaay into and avith Burtingtota Northern Inc. The original records of the Company reflect, and based on such records, I do hereby state and certify that pursuant to the provisions of a certain Agreement of Merger dated as of January 26, 1981, ("Agree- ment"} made by and between !:neat Northern Pacific & Burlington Lines, Inc., a Delaware corporation, Northern Pacific Railway Company, a Wisconsin corporation, lxreat Northern Raihvay Company, a Minnesota corporation, and Pacific Coast R.R. Co., on March 2, 1970 Great Northern Railway Cam- panyV was merged into and with Great Northern Pacific & Burlington Lines, Inc., kith Great Northern Pacific & Burlington Lines, the survjving corporation, the separate corporate existence of lxreat North- ern Railway Company ceasing and terminating; that said merger was authorized by the Interstate Commerce Commission, by I;ecision and Order entered November 30, 1`387, Service Date December 15, 1967, in Finance Docket No. 21478, Great Northern Pacific ~ Burlington Lines, /nc.-.lieryer, F.te.- Great Northern. Rail:cay Cornpany, et al., 331 LC.C. 228; United Stotts Supreme Court, Northern Lines Manger Caseu, F'a~ited States v. Haterstate Cam~neree Commission, rat ai., 396 ILS. 491 {1970}; that immediately thereafter cis an integral part of the merger transaction the c•orporiate name of Great Northern Pacific & Burlington Lines, Inc., was changed to Burlington :Northern Inc., that gill necessary and proper corporate, regulatory and lefial action was taken in connection with said merger and change of corporate name; that due proof of such merger line been duly filed and `or recorded with the Sec- retaries of :hate of the Stelae of Delaware, Gi%iseonsin, Idaho, ;ilinnescrii:, ~iunticna, North Dakota, Oregon and ~icashingkon. 1. do further st:itc and curt-ifs, that in accordance with the provi`3iorrs of said Agreertiant, ~d that ~a ti result ui lire saki merger. lnriinirton orthern Inc., a Dclaltei: rC ~urRvraticrt, {"IiNi"} ag the snc- cessur in inic:Pest .cc.d :tie try neerher to Great Northern Railway Cutnpany, ( (,N") wrrs, ; uz;sassar, uu i.§' 'v'ctE°.ii :~itiy +a ..,.+a+, ... .+va anu4~4a33nt€' :., :.aP ir` rnrl t._ -}: 4r Fne r- _nty, prig"ileges, po'l.~rs..:.vr i'_'aFt-.,h3_zz., ____ t~'N'.1 t>f~n 1;' bli^~4 of a p.3:=.t., Ti~t~ ='f,, ~!, ! r~s ~.~tvia~t ho ttdl the rui~rirt~~+~r2~1, disabilities and duties of G\, and all and singular the rights, titit::c,• interests, equities, privileges, pow- ers and franchises ui GN, including tsithout limitation its right to exercise the powrr of enrinent domain to the extent permitted by la«, and all property, real, personal and mixed, and all debts due to GN on whatever account, ai•e pasted in BNI and all property, rights, titles, interests, eyuities, privileges, pow- ers and fri~nchisas and ai! and every other interest is as effectually the property of BNI as they were of GN, and the title to env real estate vested by deed or otherwise in GN dicl nut revert nor was it in any tvay impaired by said~Agreement or by said merger, rather, by and through said Agi•eament and merger :said title was transferred to 13urlingtun Northern lnc. ; upon said merger al! rights of creditors and all Ilene upon any property xnd duties of GN became thuae of Burlington Northern Inc., and may be enforced against BNI to thu csame extent as it said debts, liaibilitiea and duties had been incurred or contracted by I3Ni. Effective as of the March `w, i1)7Q merger dote, Burlington Northern lnc., did expressly assume all contracts, mortgages, deeds of trust and indentures made by GN or its predeces- ..._ 2 tJ _._.!