of all and singular the property and franchise above granted and mortgaged
without entry or disturbance by the said Trustee under or by virtue of these pres-
ents.
It is also mutually covenanted and agreed that the said party of the second
part and his successor or successors in the said Trust shall only be accountable
for reasonable diligence in the management thereof and shall not be respon-
sible for the acts or defaults of any agent employed by him: And that the
party of the second part shall be entitled a full fair and proper compen-
sation for every labor or service performed and expenses disbursement, damage
incurred by him in the discharge of the trust herein and hereby created in
case he shall take possession of said premises or any part thereof or manage the
same and that said Trustee shall not in any manner be liable or responsible for
any loss or damage which shall not happen by his own gross neglect or willful
misfeasance and in case of the death mutual incapacity or resignation of the said
Trustee the said party of the first part shall within sixty days thereafter appoint
another competent person to fill the vacancy so created or made and such an
appointment of a successor or successors shall be endorsed and made upon
this mortgage and upon the written acceptance of the Trust by the newly
appointed Trustee he shall be vested with all the estate rights and powers
and shall perform all the duties of Trustee as fully to all intents and pur-
poses as he might or could have done if originally made Trustee herein
and named as the party of the second part in this mortgage.
In testimony whereof the said Peninsular Railroad Company by
order of the Board of Directors has hereunto affixed its corporate seal and
caused the same to be signed by its President and Secretary. And the said
George T.M. Davis herein before named has hereunto set his hand and seal
the day and year first above written
Signed sealed and delivered } D.L. Yulee President (seal)
in presence of }
W.E. Wheaton } Attest John Hodges Secretary (seal)
E.F. Corey Jnr }
} George T.M. Davis Trustee (seal)
United States of America }ss
State of New York City & County of New York }
Be it remembered that on this twenty fourth day of May in the year one thousand
eight hundred and seventy six before me the undersigned Edwin F. Corey
Jun a Commissioner resident in the City of New York duly commissioned
and qualified by the executive authority and under the laws of the State
of Florida to take the acknowledgment of Deeds &c to be used or recorded there-
in personally appeared George T.M. Davis to me personally known to be the
person who executed the annexed instrument by him sealed and sub-
scribed and duly acknowledged the execution thereof to be his free
act and deed as Trustee for the uses and purposes therein expressed
In witness whereof I have hereunto set my hand and affixed my
official seal the day and year aforesaid
( ) Edwin F. Corey Jnr
( seal ) Commissioner for the State of Florida
( ) Office 54 Wall Street New York
|