Form of guaranty and assent to modification of lease stamped on P. & A. V. bonds. pany. The following form of guaranty was stamped on each of said bonds as presented: "In consideration of the modification, dated June 19, 1880, of the lease providing for the payment of the principal and interest of the series of bonds of which the within is one, the Atchison, Topeka & Santa Fe Railroad Company guarantees such payment at maturity, the holder receiving this guarantee thereby assenting to said modification." For cancellation of the said lease and votes authorizing the same, see post, p. 317. SECOND MORTGAGE OF THE PUEBLO AND ARKANSAS VALLEY RAILROAD COMPANY (III.). Parties. THIS INDENTURE, made on this first day of July in July 1, 1884. the year of our Lord one thousand eight hundred and eighty-four, by and between THE PUEBLO AND ARKANSAS VALLEY RAILROAD COMPANY, a corporation established under the laws of the State of Colorado, and the BOSTON SAFE DEPOSIT AND TRUST COMPANY, a corporation established under the laws of the Commonwealth of Massachusetts, WITNESSETH: THAT WHEREAS the said Railroad Company owns and Franchises and possesses certain railroad and telegraph lines hereinafter property of R.R. Co. described together with a franchise to construct, maintain, improve, equip, and operate the same and extensions and branches thereof, as authorized by its amended articles of incorporation and consolidation, all within the State of Colorado; by consolidation. AND WHEREAS the said Railroad Company was created Creation of R.R. Co. by the consolidation of a former Company of the same name with the Canon City and San Juan Railway Company by Articles of Merger Consolidation and Incorporation filed in the office of the Secretary of State of the State of Colorado on Sept. 12th, 1878; P. & A. V. (II.) of AND WHEREAS the said former Railroad Company of the First Mortgage of same name on November 1, 1875 made a mortgage to Isaac T. Burr, George B. Wilbur and Alden Speare, Trustees, conveying to them the portion of the road of the present Company lying between its junction with the road of the Atchison, Topeka and Santa Fe Railroad Company at the eastern boundary of the State of Colorado and the city of Pueblo in said State, to secure seven per cent. first mort Second Mortgage First Mortgage of Proposed issue of Second Mortgage bonds for certain purposes named. gage gold bonds limited to fourteen thousand dollars per mile of completed railroad; AND WHEREAS the said Railroad Company after an extension of its powers by an amendment of its Articles of Incorporation on July 30th 1878 and after its said consolidation with the said Canon City and San Juan Railway Company, did on Oct. 1, 1878 make a further mortgage to the said same three Trustees conveying to them all its railroads franchises and property then owned or thereafter to be acquired to secure its seven per cent. first mortgage gold bonds limited to fourteen thousand dollars per mile of completed railroad and providing for the taking up of the outstanding first mortgage bonds issued by the said former Company under the said mortgage of Nov. 1, 1875, by exchanging therefor said new first mortgage bonds, only a portion of said former outstanding first mortgage bonds however having been so exchanged by the holders thereof; AND WHEREAS the said Railroad Company now desires to meet and discharge certain indebtedness already incurred for the maintenance and improvement of its said lines and property hereinafter described and the appurtenances thereof and to provide for further indebtedness which may hereafter from time to time be incurred for said purposes or for the extension of its said lines, and proposes for said purposes to issue now and from time to time its Second Mortgage Bonds, limited to such an amount that the whole incumbrance upon the entire railroad and property of the said Railroad Company including the bonds issued under the said first mortgages of Nov. 1, 1875, and Oct. 1, 1878, and the Second Mortgage Bonds issued hereunder shall not exceed twenty-five thousand dollars per mile of completed railroad. Said Second Mortgage Bonds to bear even date herewith, to be payable on the first day of July, A.D. 1905, and to bear interest payable semi-annually on the first days of January and July in each year at the rate of six per cent. per annum, both interest and principal being payable in lawful money of the United States of America at the agency of said Railroad Company in the city of Boston or at such other place or places as its direc tors may designate; said bonds to be issued, from time to Second Mortgage time, in two forms, at the discretion of the directors: First. For the amount of one thousand dollars each, with coupons attached, subject to registration on surrender of all the coupons thereof then or thereafter due; P. & A. V. (III.). Forms of bonds. Second. In the form of registered bonds for any mul- Proposed Second tiple of one thousand dollars, without coupons, both prin- Mortgage. cipal and interest of which shall be payable to the registered holder; such bonds being exchangeable for said one-thousand-dollar coupon bonds, at any time, on sixty days' notice to said Railroad Company; AND WHEREAS the said Railroad Company has resolved to secure the punctual payment of the principal and interest of all of said Second Mortgage Bonds, by a mortgage or deed of trust upon its said railroads and all its corporate property and franchises of every nature and kind now owned or hereafter to be acquired together with the revenues and earnings of said railroads to the said Trustee for the benefit and security of the holders of said bonds; subject however to the said first mortgages; all of which said Second Mortgage Bonds are to stand equally secured by said mortgage or deed of trust, though issued and sold at different times, and are to be authenticated by a certificate upon each signed by the Trustee, to the effect that the bond so certified to is issued under and secured by said second mortgage or deed of trust, without which certificate no bond is to be deemed to be so issued or secured; NOW THEREFORE the said Railroad Company, in Granting clause. consideration of the premises and of the acceptance by the said Trustee of the trust hereby created, in order to secure the payment of the principal and interest of its said Second Mortgage Bonds as the same shall become payable according to the tenor of said bonds and of the coupons thereto annexed, DOTH BY THESE PRESENTS GRANT, BARGAIN AND SELL, CONVEY, TRANSFER AND ASSIGN UNTO THE SAID mortgaged. TRUSTEE, its successors and assigns, all the property, Railroad and property franchises and privileges of the said Railroad Company, which it now has or hereafter may acquire, and all its right, title and interest therein, to wit: Second Mortgage All its railroads and telegraphs already located and constructed or in process of construction or to be hereafter constructed as follows or however otherwise described: The whole of the railroad of the said Railroad Company as now located and constructed, commencing at the western terminus of the Railroad of the Atchison, Topeka and Santa Fe Railroad Company at the west line of the State of Kansas, and thence running up the valley of the Arkansas River, through Bent and Pueblo Counties to Pueblo in said Colorado; also the whole of the railroad of the said Railroad Company as now located and constructed, commencing at a point on the line of railroad above described, at or near La Junta in said Bent County, and running southerly or southwesterly through said Bent County and Las Animas County, via Trinidad, to the south line of the State of Colorado at what is known as Raton Pass; also the whole of the railroad of the said Railroad Company, as now located and constructed, commencing at Pueblo aforesaid, and running westerly through said Pueblo County and Fremont County to the coal fields at or near Canon City in said Fremont County and thence southerly to Rockvale in said Fremont County; also all extensions and branches of and to any of said lines, which may hereafter be constructed under the amended articles of incorporation and consolidation of the said Railroad Company; Together with all the property and rights appertaining to the said railroads and telegraphs and the equipment and operation thereof. Including all railroads, telegraphs, road-beds, superstructures, rails, switches, ties, iron, chairs, bolts, splices, lands, depot grounds, station, engine and car houses, warehouses, depots, machine shops, and all other buildings; all water tanks, viaducts, culverts, bridges, fences, and timber, and all materials and supplies for the construction and equipment of said railroads; all engines, tenders, cars, and all kinds of rolling stock; all ways, rights of way, franchises, rights, privileges and immunities, now or hereafter pertaining to said railroads and telegraphs or to the appurtenances and appendages thereof; and all prop |