1246 1247 said mortgage the sum of Thirty-two million two hundred and twenty-one thousand Dollars ($32,221,000) out of the total issue of Thirty-seven million, five hundred and sixty thousand Dollars ($37, 560,000), NOW, THEREFORE, be it resolved that the Bondholders' committee holding the legal title of more than a majority of said bonds, request the Central Trust Company of New York, as substi tuted Trustee under the mortgage aforesaid, to declare the principal of all bonds outstanding under said mortgage, due and payable immediately, and that the Chairman and Secretary of the committee be and they hereby are authorized to execute such request or other papers as may be necessary to carry out this resolution. Avenue Railroad Company to the Morton Trust Company, bearing date May 15, 1900, of which mortgage the Central Trust Company is now the substituted trustee, and demand for the payment of the same having been made by the New York Life Insurance Company, Mutual Life Insurance Company and the Central Trust Company of New York, holders of large numbers of said bonds, and payment of the same having been refused and such default having continued for a period of three months, WE, THE UNDERSIGNED, JAMES N. WALLACE, ADRIAN ISELIN, JR., EDMUND D. RANDOLPH, MORTIMER L. SCHIFF, JAMES TIMPSON and HANS WINTERFELDT, the Bondholders' Committee of the bonds issued now outstanding under said mortgage, holding the legal title and ownership of more than a majority of the bonds outstanding under said mortgage, to wit, the sum of Thirty-two million, two hundred and twentyone thousand Dollars ($32,221,000), part of the issue of Thirty-seven Million, Five hundred and Sixty thousand Dollars ($37,560,000), as appears by the certificate of the Central Trust Company of New York, with whom the said bonds are deposited for said Committee, hereby requests the Central Trust Company of New York, as substituted trustee under the mortgage aforesaid, to declare the principal of all bonds outstanding under said mortgage, due and payable immediately. Dated, New York, April 2, 1908. THE THIRD AVENUE RAILROAD COM- by J. N. Wallace, Chairman. 1249 1250 1251 F. L. BABCOCK, Sec'y. 1252 State, City and County of New York, ss.: On this second day of April, one thousand nine hundred and eight, before me personally came F. L. BABCOCK, to me known and being by me duly sworn, did depose and say that he resides in New Brighton, S. I., that he is the Secretary of the Bondholders' Committee of the bonds outstanding under mortgage bearing date the 15th day of May, 1900; committee described in and which executed the above instrument and he is familiar with the signature of JAMES N. WALLACE and that he is the Chairman of said Committee; that the 1253 signature to the above instrument is the signature of JAMES N. WALLACE and was affixed by resolution of the Committee; and that the said E. L. BABCOCK has signed his name thereto by like authority. Exhibit 17. Acceptance of Central Trust Company of its Appointment as Trustee by Bondholders. KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, THE THIRD AVENUE RAILROAD COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of New York, did execute, acknowledge and deliver to the MORTON TRUST COMPANY, a corporation also duly organized and existing under and by virtue of the laws of the State of New York, as Trustee, its certain Indenture of Mortgage or Deed of Trust bearing date the 15th day of May, 1900, wherein and whereby it did grant, bargain, sell, assign and transfer unto the said Morton Trust Company, its successors and assigns forever, all and singular the corporate property, rights, powers, stocks, bonds, privileges and franchises of the said The Third Avenue Railroad Company as therein more fully set forth and described, which Mortgage or Deed of Trust was made to secure the payment of the Four Per Cent. First Consolidated Mortgage Hundred-Year Gold Bonds of The Third Avenue Railroad Company, due in the year 2000, issued and to be issued to an amount not exceeding in the åggregate the principal sum of Fifty Million Dollars ($50,000,000) at any one time outstanding; and WHEREAS, the Morton Trust Company did accept the trust in said Indenture declared and provided and did agree to perform the same upon the terms and conditions therein set forth and did authenticate said bonds by its certificate thereon endorsed, as in said Indenture provided, and there is now issued, authenticated and outstanding said 1255 1256 1257 |