The Montgomery advertiser., 1902-05-09
B., S.&NO. MORTGAGED
PAPERS HAVE BEEN FILED IN DALLAS COUNTY.
Central Trust Company of New York the Bsnsficiary-Board of Heve- nue Buys the schuster Build ing Near Court House.

yIoe 0euouc1afy-8oaro or HeVe- nus Buys the schuster Build ing Near Court House.
 Advertiser Bureau,
 Selma, May s. The following mortgage was filed in the office of the Judge of Probate to be re- corded:
 This agreement. entered into this 22nd day of April. lso2. by and between the Louisville and Nashville Railroad Com pany. corporation created and organized under the laws of Kentucky, and here after denominated the company. party of the first part. and the Central Trust Com pany of New York. hereinafter denomi- mated the trustee, party of the second part. witness: iF That, whereas the said parties enter ed into an agreement, of mortgage in writing. dated the second day of June. 1890. which was fully executed by both parties and recorded ini the proper coun- ties in Kentucky. Tennessee and vir- ginia, whereby the company conveyed to the trustee, for the purpose of securing | described, one series of coupon bonds of the series of Si.000 each. and the other series of registered bonds of the denom- ination of 5000 each, amounting in the aggregate to $75.000,oo0. payable on the first day of July, 1940. in gold coin of equal to the present standard of. weight and Aneness, and interest thereon. in the meantime at the rate of 1 per cent. per annum, its main line of railroad and cer- tain divisions and branches of its rail- road, therein particularly described, and other appurtenant property, and rolling stock. and all rights. franchises, privi- leges and immunities of the company in respect of and pertaining or relating to the said main line, divisions or branches; also all extensions of said main line, division or branches, and all additional railroads which the company might here- after construct or acquire Con account Of the construction or acquisition of which bonds secured by said agreement of mort gage shall be certified and delivered as herein provided) together with all proper ty, real, personal and mixed, and all equipments. rolling stock, rights and priviliges, franchises and immunities of the company in respect of and pertain ing or relating to such extensions or ad- ditional railroads, or to any of them; and also pledged to said trustee, ., to secure said series of bonds, the certain shares of capital stock therein particularly men, tioned, and the certain first mortgage bonds therein particularly mentioned. and all and every interest, claim, de- mand. franchise or right of the com- pany in or to the railroads of the several companies and other property represented by the capital stock and first mortgage bonds mentioned in said agreement of a-x~r (,-AVf nv tV4hn fner therein. or pertaining to the same. then held or owned by the company. subject. however as to the company's main line, divisions and branches, therein described and conveyed, to certain prior Hens, created by certain prior mortgages therein described; and
 "whereas s41 917, ,seo of said bonds to be issued under and secured by said agree ment of mortgage, wore. by article second thereof. expressly reserved for the pur- pose of retiring.~ by exchange or by pur- chase, certain prior outstanding bonds therein described, and
 "whereas. it is provided in Article Third of said agreement of mortgage, that of the remainder of the bonds to be issued under and secured by that mortgage, other than said bonds reserved in Article Second. 5000 900 In par value of coupon bonds should be immediately exe- cuted by the company and delivered to the trustee, and certified and immediately delivered by the trustee to the company. to be used for and applied to the general corporate purposes of the company. and 'Whereas, by Article Fourth of said agreement of mortgage, the remainder of the bonds to be issued and secured thereby. namely $2s. s.os2.34o, shall be issued | only in payment of expenditures actually made bV the ta for the purpose specified in said Articlc Fourth. and upon the terms and condl- tions therein provided. and
 Whereas. by section3 of Article Fourth of said agreement of mortgage. it is pro- vided that bonds may be issued for the actual cost of any additional railroads and the equipment thereof thereafter constructed or acquired by the company whether such additional railroads shall be located in Kentucky or Tennessee, or any other State or States of the United States. said bonds to be issued under this section shall be certified by the trustee from time to time. as the work of con- structing said lines Is completed or tho acquisition thereof Is made, at the rate of not exceeding $25, 900 a mile for con- struction and s7.O0o mile for equipment and
 Whereas. the company has recently acquired by purchase and deed of convey ance, dated Fist day of April. 1902. from the Birmingham, Selma and New Orleans Railway Company. its railway beginning at the city of Selma. in the County of Dallas. State of Alabama. and extend ing in a general westerly direction through the counties of Dallas. Marengo and Wilcox to Myrtlewood in the County of Marengo. State of Alabama. a dis tance of about sixty and three-tenths (60.3) miles. for the sum of eight hun dred and nineteen Thousand. nine hun dred and thirty-six dollars and fifty-two cents (ss1s 936.52) for which amount the trustee has certified and delivered to the said company, under said agreement of mortgage, sl9 bonds of the denomination of s1.oO0 each, amounting3 to ss19.0O and Whereas 1t Is stated and stipulated in said agreement of mortgage that all such additional railroads owned by the company, as and when they were con structed. or when the title thereof is ac- quired by the company, shall with their equipment immediately become subject to the lien of said agreement of mortgage. and that the company shall from time to time execute and deliver to the trus- tee such proper conveyances as may be necessary for that purpose; which con- veyances shall be only recorded as re-