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who, being by me duly sworn, did depose and say that he resided in New York City, New York; that he is the Vice-President of the CENTRAL TRUST COMPANY OF NEW YORK, the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that lie signed his name thereto by like order.

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WHEREAS The Third Avenue Railroad Company has delivered to Central Trust Company of New York an Instrument of Appointment bearing date the 27th day of December, 1907, a copy whereof is hereunto annexed, whereby said The Third Avenue Railroad Company has appointed said Central Trust Company of New York trustee under

the Indenture of Mortgage or Deed of Trust exe1278_cuted by said The Third Avenue Railroad Company

to Morton Trust Company of New York, dated the 15th day of May, 1900, known as the First Consolidąted Mortgage of said Railroad Company, in succession to said Morton Trust Company, which, in pursuance of the provisions thereof, has resigned as Trustee thereunder:

NOW THEREFORE said Central Trust Company of New York hereby accepts said appointment by said The Third Avenue Railroad Company as Trustee under said Indenture of Mortgage or Deed

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On the twenty-seventh day of December, 1907, before me personally came James N. Wallace, to me known, who, being by me duly sworn, did depose and say that he resides at No. 861 St. Marks Avenue in the Borough of Brooklyn, in the City of New York; that he is the President of Central Trust ('ompany of New York, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the

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KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, THE THIRD AVENUE RAILROAD COMPANY, a corporation organized and existing under the laws of the State of New York, heretofore executed and delivered to MORTON TRUST COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of New York, as trustee, its certain indenture of mortgage dated May 15th, 1900, known as its First Consolidated Mortgage, wherein and whereby said The Third Avenue Railroad Company granted, bargained, sold, assigned and transferred unto said Morton Trust Company, its successor's and assigns forever, in trust, all and singular the corporate property, rights, powers, stocks, bonds, privileges and franchises of said The Third Avenue Railroad Company therein more fully set forth and described, which said indenture of mortgage was made to secure the payment of Four Per ('ent First ('onsolidated Mortgage Hundred Year Gold Bonds of said The Third Avenue Railroad Company, due in the year 2,000, issued and to be issued, to an amount not exceeding in the aggre. gate the principal sum of Fifty Million Dollars ($30,000,000) at any one time outstanding; and

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WHEREAS, Jrton Trust Company accepter the trusts in said indenture of mortgage declared and provided and agreed to perform the same upon the terms and conditions therein specifieil, and thereafter, as Trustee thereunder, and in accordance with the provisions thereof, duly authenticated by its certificate thereon, endorsed as in sail indenture of mortgage provided, and delivered Four Per ('ent. First Consolidated Mortgage Ilmdred Year Gold Bonds of said The Thiril Avenue Railroad Company, and there are now ontstanding such Bonds in the aggregate principal sun of Thirty-seven million five hundred and sixty thousand dollars ($37,560,000), all of which have been duly authenticated and delivered by Morton Trust Company, as Trustep as aforesaid, pursuant to said indenture of mortgage; and

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WIIEREAS, said Morton Trust Company has resigned from the trusts created by said indenture cf mortgage, as provided therein; and

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WHEREAS, said indenture of mortgage further provides that in case there shall at any time be a vacancy in the office of Trustee thereunder, said The Third Avenue Railroad Company may, by instrument executed by order of its Board of Directors, appoint a Trusee to fill such vacancy until a new Trustee shall be appointed by the bondiolders as therein provided, and, in default of such appointment by the bondholders within the period fixed by said indenture of mortgage, that the Trustee so appointed shall continue to act thereunder; and

WHEREAS, said The Third Avenue Railroad Company did, by an instrument dated December 27, 1907, executed by order of its Board of Direr

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