Source: Register of Deeds Office
Marquette County - Marquette, Mi.

Lal MHBO RR. Co.
Pe 32? to
The DSS&A Ry. Co.

This Indenture made the 174 day of July, 1890, between the
MH&O, hereunder after called the Marquette Company, party of
the first part and The DSS&A, hereunderafter called the South
Shore Company, party of the second part, Witnesseth, whereas
the Marquette Company has sold all its property (except its
franchise to be a corporation) both real and personal of every
name, nature and description whatsoever and wheresoever sit-
uated to the South Shore Company, including in such sale the
franchise to operate its railroad and all the property former-
ly conveyed to it the M&W RR., and the captial stock of the lat-
ter company.

And whereas by an instrument~in the nature of a perpetual
lease dated April 15, 1887, made between the parties hereto
the Marquette Company sold . . . to the South Shore Company its
successors and assigns forever, all lands. which it then owned
or to which it was then or might thereafter be entitled under
or by virtue of any act of Congress or of the Legislature of
the State of Mi., together with the mines and timber thereon
and all mining rights and any royalties accruing from said lands
and also sold, assigned, transferred. and set over to the South
Shore Company all the shares of the capital stock of the said
M&W and also delivered the possession of all of its railroad and
all properties appurtenant thereto the South Shore Company and
whereas the said agreement of lease has been abrogated by the
parties hereto and all the right, title and interest of the
South Shore Company in and to the said lands together with the
mines and timber thereon and the mining rights and royalties ac-
cruing from said lands has been conveyed to the Marquette Com-
pany and has by it been conveyed to Samuel Thomas and John W.
Sterling for the benefit of the South Shore Company. Now, there-
fore, this Indenture Wittnesseth:

First - That the MH&O, party of the first part hereto in con-
sideration of the premises and $1 and other valuable considera-
tions has granted the South Shore Company its successors and
assigns forever all the rail road and railroad property of the
party of the first part consising of its entire main line of
railroad extending from Marquette to Houghton and all spur lines,
branches and tracks and all the property of every kind now be-
longing to it in connection with the construction, maintenance,
working and operating of the said railroad including all and
singular its right of way, road bed, tracks, stations, depot
grounds, rails, fences, bridges, sidings, engine houses, machine
shops, wharves, piers, docks, buildings and erections, telegraph
and telephone wires and plant, together with all the engines,
cars, machinery, supplies fuel and fixtures and other personal
property owned or acquired by the Marquette Company for use in
connection with said railroad and franchises, and all its depot

grounds, stations, turnout railroads, machine shops, leaseholds,
rights and terminal facilities, together with all caeh on hand

 
SEA

Pe 2 MH&O to DSS&A July 19, 18950

nS

and all its depot grounds, stations, turnouts, roundhouses,
machine shops, leascholds, rights and terminal facilities, to-
gether with all cash on hand, deb cemands, moneys and ac-
counts now due or to become due to it; and also all and singu-
lar the rights, privileges and franchises, except the franchise
to be a corporation, appurtenances to the said railroad and
property and all the tolls, income and receiveables to be levied
and derived therefrom, also all the righte privileges and fran-
chises acquired and held by the Marquette Company under and by
virtue of a certain agreement made between it and the said M&W
Railroad dated March 28, 1885, and under and by virtue of a deed
of conveyance fron the said M&W Railroad to the party of the
first part dated April 1, 1835, excepting and reserving, however,
fron this conveyance about 90,000 acres of land situated in the
counties of Marquette, Baraga and Houghton, Mie, not actually
occupied by the Marquette Co., in the exercise of its franchises,
82,385.29 acres of which were granted to the party of the first
part by the state of Mi., by three certain state patents, one
dated November 23, 1883, conveying 31,866.30 acres, another dated
January 30, 1884, conveying 51,974.3 acres and a third dated Feb-
ruary 27, 1884, conveying 18,478.88 acres; and the title to the
remainder of which, amounting to about 7,000 acres was derived from
the party of the first part through various tax and sheriff's
sales of the same; the said excepted lands having this day been
conveyed by the party of the first part to Samuel Thomas and
John W. Sterling for the benefit of the party of the second part.
To Have and To Hold the said railroad property with the appurten-
ances to the party of the second part, its successors and assigns
forever, subject, however, to four certain mortgages or Deeds of
Trust which four liens upon the said property or some portion
thereof which are more particularly described as follows and the
payment of which the party of the second part assumes as part of
the consideration for this Indenture.

1. A mortgage in Deed of Trust made by the M&O Railroad to
the New England Trust Company as Trustee, dated May 25, 1872, to
secure an issue of 84 20-year bonds maturing on June 1, 1892, of
which issue there are now outstanding bonds to the amount of
$1,330,500 and no more.

2. A mortgage or Deed of Trust made by the former MH&O Rail-
road to the Farmers Loan and Trust Company of New York as Trustee,
dated March 1, 1878 to secure an issue of 6% 30-year bonds pay-
able on March 1, 1908, of which issue there are now outstanding
bonds to the amount of $576,200 and no more.

3. A mortgage in Deed of Trust made by the Marquette Company
dated May 1, 1883, to the New England Trust Company as Trustee
to secure an issue of 6% 40-year bonds payable on June 1, 1923,
of which issue there are now outstanding bonds to the amount of
$1,500,000 and no more.

mortgage or Deed of Trust made by the Marquette Company
to the New England Trust Company as Trustee dated April 1, 1885,
to secure an issue of 6% 40-year bonds payable on April 1, 1925,
of which issue there are now outstanding $1,400,000 and no more.

 

 

 
pe 3 MH&O to DSS&A July 19, 1890

In Witness Thereof the MH%0 Railroad pursuant to the author- .
ity conferred upon it by law and of a resolution of its Board
of Diractors and with the consent of a majority in value of its
stockholders has caused this Indenture to be subscribed in its
name by the President and Secretary of the company with the cor-
porate seal of said company to be affixed hereto.

  

Signed Sealed and Delivered _ MHB&O RR. Co.
in presence of by: John T. Moore, Pres.
Charles Nettleton attest: R. L. Brennan, Secy.

Jonn A. Tower

EKO
DSS&A

M&O

M&W