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HomeMy WebLinkAbout0041' ~~ 1 42 ST. lt1GE Ca.IMTr. FLA. RBLSASS AND SATISFACTION OF • FLARIDA BAST COAST RAILWAY COh+lPANY'S FIRST AND REFUNDING MORTGAGE Know all men by these presents: W HBREAS, the Florida East Coast Railway Comptiny, a Florida Corporation, for the purpose of securing its First and Refunding Mortgage Bonds. hereine'ter Calle3 Iixa DVi'wiS, i3i"1 ~~~stTta ~i i, s{:.`~-3i, c~::..i:: 2~'~ :~ j:"br~ -^ ~~ ~t~~~~r~t '~'~"~t~t Company and Bethune W. Jones, Trustees, its First and Refunding Mortgage, which mortaaae was filed for record, and rex'~rded in, tt~ public records. respectively, of DuvaY (October 11,-1924), 8roward, Brevard, Dade. Osceola, Orange. Putnam, St. Johns (all on October 13, 1924), Flagler, Palm Beach (both October 14, 1924), Okeechobee, Seminole (both October 16. 1924), and Monroe (November 10,.1924) Counties in the State of Florida: WHEREAS, The Chase Manhattan Hank of New York, a New York corporation, and J. Bryson Aird, a citizen andYesidentof the State of New York, are the present Successor Trustees under said Mortgage; WHEREAS, in the District Court of the United States for the Southern District of Florida, hereinafter sametimes referred to as the Court. in a proceeding en- titled "In the Matter of Florida East Coast Railway Company. Debtor. in Proceedings for the Reorganization of a Railroad, No. 4827-J" herein referred to as the "Reorganization Proceedings", the Court by orders on February 13, 1959, approved. and on July 31, 1959, confirmed, a Plan of Reorganization for such Debtor, herein- after called the "Plan", which Plan had been certified to said Court by Orders of ,_:.. i.: the Interstate Commerce Caaunisaion of November 3, 1958 and January 12, 1959, in a proceed±*ag entitled "Florida Bast Coast RaUway Company Reorganization, Finance Docket No. 18170": WHEREAS, the Plan coatemplates that iu Constunnwtion~ shall include, among other things, the release and satisfaction of the aforesaid Mortgage and all supple- menu and amesdmenu thereto, ii any, and the cancellation of the indebtedness represented by all outstanding Bonds, whether or not surrendered in e~ochange t~or the securities provided in the PLn: sad WHBRSAS, by OYdez entered in the Reorgaai~aation Proceedings the Court has directed the u~tsigned Successor Trustees und~ir said Mortgage w e~oecute and deliver u the Florida Bast Coast Railway Company, hereinafter called the Reorgan- f~.ad Company. an ,~ rel~aseo[theMortgage,substaaaauy in the form hereof; . ~_____~