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sons, sad the snpglernenta and amendments theyreto, and all bonds and other obligations secnred thereby, and the original corporate documentation in the records of the Company so reflects, provided, however, nothing in said Agreement, merger or this Affidavit and Certificate sha.lI be construed or is intended to extend or enlarge the lien of any indenture, agreement or other instnrment executed by GN. May 1k, 1981 Ch_anr~e iz corporate name of the Company from Burlington Northern Inc. to Burlington Norther;a Railroad Campanr~ That the original records of the Company reflect, and based on such records, I do hereby state and certify that by a certain Agreement of 141erger and flan of Reorganization dated April 2, 1981 ("Agree- ment"), made by and among Burlington Northern Inc., a Delaware corporation, Burlington Iv'orthern '~ Transportation Company, a Delaware corporation, and Bur}ington llTnrthern Holding Company, a Dela- ,,, ware corporation, on May 14, 1981, the corporate name of Burlington Northern Inc. was changed to ~•- Burlington Northern Railroad Company; that all necessary and proper corporate and legal action ef- C' feeling said change in corporatE name was taken; tha± due proof of such corporate name change hss CTl been duly filed and,`or recorded with the Secretaries of State of the States of Delaware, Alabama, Ark- CJ~ ansa9, California, Colorado, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky. 3linnesota, Mississippi, QC i4i`issouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, !~ Texas, Washington, Wisconsin and Wyoming; that such change in corporate name has not been altered, amended, or repealed, and ,~emains in full force and effect; that, except for the charge in its corporate name, in ail other respects the Company continues and remains as before :and that effective on and after May 14, 1981, the rnrrect corporate name of the railroad company is Burlington Northern Railroad Company. I do further state and certify, that in accordance with the provisions of said Agreement, and that as a result of said change in corporate name, Burlington Northern Railroad Company ("BNRR Co.") (formerly named Purlington Northern Inc. (`BNI"? ,. a l~eia:tare corporation, in all respects, continues to own, possess, and is vested with, full dominion, control, and indefeasible fee title in and to, all of the rights, privileges, powers and franchises, as well of a In.+blic as of a private nature, and is subject to adl the restrictions, dissbilities and duties of BNI, and all and singular the rights, titles, interests, equi- ties, privileges, pocc•ers and franchises of BNI, including t;'ithout limitation itv right to exercise the power of eminent domain to the extent permitted by law, and all property, real, personal and mixed, and al! debts due to BNI on whatever account, are vested and continued in BNRR Co. and all nron- ert}°, rights, titles, interests, equities, privileges, powers, and i7anchisea and aI1 and every other interest is as effectually the property of BNKK ("o. as they t~•ere of BNh and the title to any real estate vested by deed or otherwise in BNI did not revert. nor vas it in any way impaired hp said Agreement or by said change in corporate name, rather, by and through said Agreement and change in corporate name, the same were continued in. and are now vested in BNRR Co. ; on and after the May 14, 1981 change in cor7rorate name, all rights of creditors and all Rena upon any property and duties of BNI became those of BNRR Cn., and may be enforced against $NRR Co. to the same extant as if said debts, liabilities and duties had been incurred or contracted by BNRR Co. Effective as of the May 14. 7981 change of corpo- rate name date. BNRR Co. did expressly assume and continue all contracts, mortgagee, deeds of tryst and indentures made by BNI or its predecessors, and the supplements and amendments thereto, and :r?I 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, change of corporate name, or this Affidavit and Certificate shall be constnied or is intended to extend or enlarge the lien of any indenture, agreement or other instrument executed by BNI. Supnlernentttl !rt Zrnt2rre (,~'cr. 18?, dated crs of fag 1 >i, ?gR1, to Chicago, Burlington X• Ghcinclt Railrrxtd Conepanu First aced Rc^frtrzding Mortgage Dated Fetrrtcary 1, 191 'That attached hereao, incorporated herein, and made :t part hereof, to the tame ext~ntpabnd effect as .l - t F_~..a6 :.. .,11 a_ _ - •FF: ._. __a ~pJ l . ,.,~.., ... `' ::: _t ::: t::is :::.......:::.r:d t';;rtificat, i= :e tr::e ::r:`:I exact confornecl c Append;x A •to`oriKinal instrument omitted}, from the original coruorate records of the Company, of a rwrtain Supp}em2nta'1 indentures tNa. "t9), date.~cl as of lay 1^t, 11351, to t.hP First anti Refunding Mortgage oi' tae z aicagrr, i'~url}ugtott ~ ~u}rtc}• i~zuirnad i'ompuny. dated February 1, 791, made by Burlington Northern Railroad ('nmpany and running in favor of C"itibank, N.A. and John J. Ford, Trustees, which Supplemental Indenture provides for the ("ontinuation of Obligations by Burlington Northern Kaitroad Company under said First and Refunding JlortgaRc b}• Reason of the Change of Name of the railroad company from Burlington Northern Inc., to Burlington \orthet•tt Railroad Company. I state and certify that said Supplemental Indenture has not been altered, amended nr repealed and continues and remains in full force and effect. Supplemental lndeutur°e (No. iJ), dated as n/ Rfay Ik, 18R2, to Groat Norther•ra Railasny C'orrrparr7/ Genernl gold Bo-nd bfortgage Dated ar of Januar7/ t, 1.9.2.1 'Chat attached heretic, incorlxiruted herein, and made x part hereof, to the same extent and affect as set forth in full text. in this Affidavit and Certificate, is a Prue and exact. conformal copy (appendix ~3__