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 Consolidated Mortgage of said Railroad Company, in suecession 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 of Trust executed by said The Third Avenue Rail- 1279 road Company to said Morton Trust Company, and agrees to perform the trusts thereof upon the terms and conditions therein set forth. 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 Company 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 1281 1282 board of directors of said corporation, and that he signed his name thereto by like order. JOHN A. DUNN, Notary Public, 1283 1284 Exhibit 20. Conveyance by Morton Trust Company to Central Trust Company. 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 successors 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 Cent First Consolidated 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 ($50,000,000) at any one time outstanding; and WHEREAS, Merton Trust Company accepted 1285 the trusts in said indenture of mortgage declared and provided and agreed to perform the same upon the terms and conditions therein specified, and thereafter, as Trustee thereunder, and in accordance with the provisions thereof, duly authenticated by its certificate thereon, endorsed as in said indenture of mortgage provided, and delivered Four Per Cent. First Consolidated Mortgage Hundred Year Gold Bonds of said The Third Avenue Railroad Company, and there are now outstanding such Bonds in the aggregate principal sum 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 Trustee as aforesaid, pursuant to said indenture of mortgage; and WHEREAS, said Morton Trust Company has resigned from the trusts created by said indenture of mortgage, as provided therein; and 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 bondholders 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 Direc 1286 1287 1288 1289 tors, appoint Central Trust Company of New York as Trustee of and under the said indenture of mortgage dated May 15, 1900, as successor of said Morton Trust Company, as such Trustee, and upon the terms and conditions set forth in said indenture of mortgage, to the end that Central Trust Company of New York, as such successor Trustee, should be and become vested with all the estates, properties, rights, powers and trusts of said Morton Trust Company as its predecessor in the trusts declared in said indenture of mortgage with like effect as if originally named as Trustee therein; and WHEREAS, said Central Trust Company of New York did, by an instrument in writing dated December 27th, 1907, accept said appointment by said The Third Avenue Railroad Company as Trus tee under said indenture of mortgage, dated May 15th, 1900, and did agree to perform the trusts thereof upon the terms and conditions therein set forth; and WHEREAS, the said indenture of mortgage further provides that the Trustee retiring shall, on the written demand of the new Trustee, execute 1290 and deliver an instrument conveying and transferring to such new Trustee, upon the trusts expressed in said indenture of mortgage, all the estates, properties, rights, powers and trusts of the Trustee so retiring; and WHEREAS, Central Trust Company of New York, as such new Trustee, has demanded, by an instrument in writing dated December 27th, 1907, that Morton Trust Company, the Trustee retiring, shall execute and deliver to said Central Trust Company of New York, as such new Trustee, an instrument conveying and transferring to it as such |