ey
r

in such sale

he property former-

he capital stock of

    

nchise to operate its railroad
ly conveyed to it by the M&W Railread and
the latter company.

And whereas by an instrument in the nature of a perpetual
lease dated April 15, 1937, made between the parties hereto,
the Marquette Company sold, granted, conveyed and transferred
to the South Shore Company its successors and as:
all lands which it then owned or to which it was
thereafter be entitled under or by virtue of any act of Conrress
or the legislautre of the state of Mi., together with the mines
and timber thereon and the mining rights and-any
cruing from said lands and also sold, assigned, transferred and
set over to the South § Sc and whereas the said agree
ment of 1 has been ebrogated by the parties hereto and all the
right, title ‘and interest of the South Shore Company in and
to the said lands together with ines and timber.
and all the mining rights and any royalties accruing
lands has been conveyed to the Marquette Company and has by it
been conveyed to Samuel Thomas and John W. Sterling for the bene-
fit of the South Shore Co: is Indenture
Witnesseth: of the first
r rt hereto

t
th

 

   

   

   

 

   

  
  

 

    
 

veyed
vey unto the South Shore
forever all the railroad ar

of the £:

  
 
     
   
  
 

extending
of every
bitline tion,

 
      
 

nes, cars,
ersonal

 
      

 

 
L 21 p. 327

debts, dividends, moneys and accounts now due or to become due to
it; and also all and singular the rights and privileges and
franchhes (except its franchise to be a corporation) appurtenant to
the said railroad and property and all the tolls under and reserved
to be levied and derived therefrom, also all the rights, privileges
and franchises acquired and held by the Marquette Company and by
virtue of a certain agreement made between it and said M&W, dated
March 28, 1885, and under and by virtue of a deed of vonveyance
from the said M&W to the party of the first part, dated April 1,
1885, (excepting and reserving, however, from the conveyance about
90,000 acres of land situated in the countys of Marquette, Barage
and Houghton, niot actually occupied by the Marquette Company in the
exercise of its franchise 82,385.29 acres of which were granted

to the party of the first part by the State of Mi., by three cer-
tain State patents, one date November 25, 1883, conveying 31,866.30
acres, another dated January 30, 1884, conveying 31,974.53 acres
and a third dated February 27, 1884, conveying 18,478.88 acres

and the title to the remainder of which amounting to about 7,000
acres was derived by 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'party of the first part to Samuel
Thomas and John W. Sterling for the benefit of the party of the
first part.

To have and to hold the said railroad and appurtenances to the
said party of the second part, subject, however to four certain
mortgages of deeds of trust which four liens upon the said prop-
erty or over portions thereof which are now particularly des-
cribed 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 or deed of trust made by the M&O RR., to the New
England Trust Co., as Trustee, dated May 25, 1872, te secure an
issue of 8% 20 year bonds maturing on June 1, 1892, of which there
are now outstanding bonds to the amount of $380,500 and no more.

2. A mortgage or deed of trust made by the MH&O to the Farmers
Loan & Tpust Co., of New York, as Trustee, dated March 1, 1878,
to secure an issue of 6% 30 year bonds payable on March 1, 1908,
of which issue there are now outstanding bonds in the amount of
$576,200 and no more.

3. A mortgage or deed of trust made by the Marquette Company
dated May 1, 1888, 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.

4. A mortgage or deed of trust made by the Marquette Company
to the New England Trust Co., 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.

 
p. 3 MH&O to DSS&A July 19, 1890

In Wintess Thereof the MH&O RR., pursuant to the authority
conferred upon it by law and of a resolution of it Board of
Directors 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
corporate seal of said company to be affixed hereto.

MH&O RRe Coe
(by) John T. Moore, President
(attest) R. L. Brennan, Secretary

Signed and sealed and delivered
in presence of

Charles Nettleton

dohn A. Tower

MH&O
DSS&A
M&W