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HomeMy WebLinkAbout2077 _ _ . , . . - 8 minerals, mineral rights and royalties; (6) the Company's franchise to be a corparation; and (7) the properties already sold or in the process of being sold by the Company and heretofore released from the Mortgage and Deed of Trust dated as of January t, 1926, from Florida Power & Light Company to Bankers Trust .^.ompany and The Ftorida National Bank of Jacksanville, Trustees, and specifically described in three separate releases executed by Bankers Trust Company and The Florida National Bank of Jacksonville, dated July 28, 1943, October 6, 1943 .and Deceraber 11, 1943, which releases . have heretofore been delivered by the said Trustees to the Company and recorded by the Company among the Public Records of all Counties in which such properiies are located; provided, however, that the property and rights ~ expressly excepted from the Lien and operation of the Mortgage in the above subdivisions (2) and (3) shall (to the extent permitted by law) cease to be so excepted in the event and as of the date that either or both of the Trustees ~ or a receiver or trustee shall enter upon and take possession of the Mortgaged and Pledged Property in the manner provided in Article XIII of the Mortgage _ by reason of the occurrence of a Default as defined in Section 65 thereof. TO HAVE AND ~ ftOLD ~1 SIIC~1 ptOpCtt1CS, real, personal and ~mixed, granted, bargained, sotd, released, conveyecl, assigned, traasferred, mortgaged, pledged, set over or confirmed by the Company as aforesaid, or intended so to be, unto Florida First National Bank of Jacksonville, the Co-Trustee, and (to the extent of its legal capacity to hold the same for the purposes hereof) to Bankers Trust Company, the Corporate Trustee, and its and their successors and assigns forever. IN TRUST NEVERTHELESS, for the same purposes and upon the same terms, trusts and conditions and subject to and with the same provisos and covenants as are set forth in the Mortgage, as heretofore supplemented, this Twenty-fifth Supplemental Indenture being supplemental thereto. AND IT IS NEREBY COVENANTED b}? tllC CORlP3Ily t}1St all tt18 tBIiIiS, con- ditions, provisos, covenants and provisions contained in the Mortgage shall a#~ect and apply to the property hereiabefore described and conveyed and to the estate, rights, obligations and duties of the Company and Trustees and the beneficiaries of the trust with respect to said property, and to the Trustees and their successors as Trustees of said property in the same manner 8oaK203 ~~~~~077 ~ ~ ~ ~ ~,L ~ f . r~~~. ~;,;,.n . F _ , ~ _ , _d , _z~ ~ .