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minerals, mineral rights and royalties; (6) the Company's franchise to be a
corporation; 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 1, 1926, from Florida Power 8c Light Company
to Bankers Trust Company and 'I1~e Florida Nationat Bank of 3acksonville,
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 December 11, 1943, which releases
have heretofore been delivered by ihe said Trustees to the Company and
recorded by the Company among the Public Records of ail Counties in which
i such properties are located; provided, however, that the property and rights
` eapressly excepted from the Lien and operation of the Mortgage in the above
! subdivisions (2) ann (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 passession of .the Mortgaged
? and Pledged Property in the manner provided in-Article XIII of the Mortgage -
~ by reason of the occnrreace of a Default as defined in Section 65 thereof.
~
~ TO AAVE AND 1'O HOLD SUCL ptOPCii1C3, real, personal and miaed.
c granted, bargained, sold, released, conveyed, assigned, transferred, mortgaged,
~ pledged, set over or confirmed by the Company as aforasaid, or intended so
~ to be, unto Florida First National Bank of Jacksonville, the Co-Trus~ee, and
~ ( to the extent of its legal capacity to hold the same for the purposes hereof )
to Bankers Trust Company, the Corporate Ttuste~, and its and their successorc
~
~ and assigns forevcr. - .
~ IN TRUST NBVERTHELESS, for the same purposes and upon the same
~ terms, trusts and condirions and subject to and wnth the same provisos and
~ covenants as are set forth in the Mortgage, as heretofore supplemented, this
~ Twenty-sixth Supplemental Indenture being supplemental thereto.
~
AND IT IS HEREBY COVENANTED by tlie CoIDpany tllat all the teMS, con-
~ ditions, provisos, covenants and provisions contained in the Mortgage shall
~ affect and apply to the property hereinbefore described and conveyed and to
~ the estate, rights, obligations and duties of the Company and Trustces
- and the beneficiaries of the trust with respect to said property, and to the
'Trustces and their sucoessors as Trustees of said property in the same raanner ,
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