Hudson Canal Company, hereby, for value received, guarantee, the payment of the principal of and the interest upon the within bond. And the said Canal Company shall also endorse or stamp upon the new certificate of stock, herein before provided for a guarantee, duly executed under its common seal, in the form following: The President, Managers and Company of The Delaware and Hudson Canal Company, hereby, for value received, guarantee the payment of a semi-annual dividend of three and a half per cent. upon the stock represented by the within certificate, to be paid on the first days of January and July in each year, until the Albany City Bonds, which were loaned to the Albany and Susquehanna Railroad Company, to the amount of one million of dollars, shall be paid, by the operation of the sinking fund provided for their payment, and thereafter the said Canal Company guarantees to pay upon said stock four and a half per cent. semi-annually on the same days, subject to the conditions and provisions of the lease made by said Railroad Company to said Canal Company, dated February 24th, 1870, and of an agreement supplemental thereto, dated the 7th day of March, A. D. 1876. FIFTH. That the total amount of stocks and bonds to be issued by said Railroad Company shall never exceed in the aggregate thirteen million, five hundred thousand dollars-but nothing in this agreement contained shall be construed as a waiver of the said Canal Company to have a new mortgage made and new bonds issued, in case of the maturity of the bonds by this agreement provided for, as provided in the hereinbefore recited Indenture. SIXTH. That all the charges of said Trust Company and other expenses of administering the trust herein before provided for, shall be paid by said Canal Company. SEVENTH.-That all and singular the covenants, agreements and provisions in the aforesaid recited Indenture of February 24, 1870, contained, except so far and to such extent as they are changed, altered or modified by this agreement, shall be and remain in full force the same to all intents and purposes as though this agreement had not been made. EIGHTH. That all and singular the covenants, agreements and undertakings herein before contained, shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. In witness whereof, this agreement is signed on behalf of The Albany and Susquehanna Railroad Company by its Presi dent, and its Common Seal is hereto affixed and attested by its Secretary, pursuant to a Resolution of its Board of Directors. And this agreement is also signed on behalf of The President, Managers and Company of The Delaware and Hudson Canal Company by its President, and its Commou Seal is hereto affixed and attested by its Treasurer, pursuant to a Resolution of its Board of Managers, this, the seventh day of March, in the year of our Lord, one thousand eight hundred and seventy-six. THE ALBANY AND SUSQUEHANNA THE A. & S. R. R. Co. Attest: W. L. M. PHELPS, D. & H. CANAL Secretary. J. H. RAMSAY, THE PRESIDENT, MANAGERS AND COMPANY OF THE By On the 7th day of March, A. D. 1876, before me came Joseph H. Ramsey, to me known and known to me to be the President of the Albany and Susquehanna Railroad Company, and the same person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as such President, and being by me duly sworn, did depose and say that he is such President, and that the seal to said instrument affixed is the common seal of said Company, and that he set the same thereto by authority of said Company and by like authority he signed the same; also before me came William L. M. Phelps, to me kuown and known to me to be the Secretary of said Company and the same person described in and who executed said instrument, and acknowl edged to me that he attested and signed said instrument as such Secretary, and being by me duly sworn did depose and say that he resides in the City of Albany, and is such Secretary, and that he so attested and signed said instrument by authority of said Company. JACOB G. RUNKLE, Commissioner of Deeds, Albany, N. Y. STATE OF NEW YORK, City and County of Albany, SS: CLERK'S OFFICE. I, WILLIAM E. HASWELL, Clerk of the said City and County, and also Clerk of the Supreme and County Courts, being Courts of Record held therein, do hereby certify, that Jacob G. Runkle, whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such proof or acknowledgment, a Commissioner of Deeds in and for the County aforesaid, dwelling in said County, and duly authorized to take the same; that I am well acquainted with the handwriting of the said Commissioner and verily believe that the signature to the said Certificate of proof or acknowledgment is genuine; and that the said instrument is executed and acknowledged according to the laws of the State of New York. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal as County Clerk and Clerk of said Courts, this 13th day of April, 1876. (SEAL) STATE, COUNTY AND CITY OF NEW YORK, Ss : WM. E. HASWELL, Clerk. Be it remembered that on this 10th day of March, in the year of our Lord, one thousand eight hundred and seventy-six, before me personally came Thomas Dickson, who being by me first duly sworn, did depose and say, that he is the President of The President, Managers and Company of The Delaware and Hudson Canal Company, and that as such he signed the foregoing instrument of writing for and on behalf of said Company, and that the seal thereto affixed is the common seal of said Company, and that J. C. Hartt is the Treasurer of said Company, and that the said seal was affixed to the foregoing instrument, and attested by the said Treasurer in deponent's presence, and that the said instrument was thus executed and is by this deponent acknowledged for and on behalf of said Company, as and for its act and deed for the purposes therein expressed, pursuant to a resolution of the Board of Managers of said Company. I, WILLIAM WALSH, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, do hereby certify that John A. Pattison has filed in the Clerk's office of the County of New York, a certified copy of his appointment as Notary Public for the County of Kings, with his autograph signature, and was at the time of taking the aunexed, duly authorized to take the same, and that I am well acquainted with the handwriting of said Notary Public, and verily believe that the signature to the annexed certificate is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court and County the 10th day of March, 1876. [SEAL.] WILLIAM WALSH, Clerk. OTSEGO COUNTY, SS: Recorded on the 14th day of April 1876, at 2 P. M. in Book No. 173 of Conveyances, page WALTER H. BUNN, Clerk. ALBANY COUNTY, SS: Recorded on the 13th day of April 1876 at 9 o'clock, A. M. in Book of Deeds No. page WM. E. HASWELL, Clerk. SCHOHARIE COUNTY, SS: Recorded on the 13th day of April 1876 at 8 P. M. in Book No. of Deeds, page THOS. W. ZEH, JR. Clerk. SCHENECTADY COUNTY, SS: Recorded on the 13th day of April 1876 at 12 h. 55m. P. M. in Book 65 of Deeds. JAMES G. CAW, Clerk. CHENANGO COUNTY, SS: Recorded April 15th, 1876, at 9 o'clock, A. M, in Book 152 of Deeds at page BROOME COUNTY, SS: A. SHEPARDSON, Clerk. Recorded April 15, 1876, at 2.10 P. M. Book 100 of Deeds at page J. H. JOHNSON, Dep. Clerk. DELAWARE COUNTY, SS: Recorded April 18th 1876 at 8 A. M., in Book No. 82 of Deeds at page SMITH H. WHITE, Clerk. |