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HomeMy WebLinkAbout0381 8 course of its business; all timber, minerals, mineral rights and royaities; ( 6) the Company's franchise to be a corporation; and ( 7) the propenies 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 The Florida National Bank of Jacksonville, Trustees, and specifically described in three separate releases executed by Bankers Trust Company and The Florida Naaonal Bank of Jacksonville, dated luly 28, 1943. October 6. 1943 and December I 1, 1943, which releases have heretofore been delivered by ~ the said Trustees to the Company and rernided by the Company among the Pubiic Records of all Counties in which such properties are located: provided, however, that the property and rights expressly excepced from the Lien and operation of the Mortgage in the above subdivisions ( 2) and ( 3) shalt ( to the extent permitted by law ) cease ta be so excepted in the event ; and as of the date that eith~r or both of the Truscees or a receiver or trustee shall enter upon and take possession of the Mortgaged and Pledged I Property in the manner provided in Anicle Xlll of the Mortgage by reason ~ of the occurrence of a Default as defined in Section 65 thereof. ~ ~ ~ ~ TO HAVE AND TO HOLD 8~) such propenies, real, personal and mixed, ~ granted, bargained; sold, released, conveyed, assigned, transferred, mon- ~ gaged, 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 ~rttusT NEVERTHELESS, for the same purposes and upon the same terms, trusts and rnnditions and subject to and with the same provisos and ~ covenants as are set fonh in the Mortgage, as heretofore supplemented, this ~ Twenty-seventh Supplemental Indenture being supplemental there[o. ~ ~ ANn ~T iS HEREBY COVENANTED by tlte CODlpaily t111[ 8II the terms. ~ rnnditions, provisos, covenants and provisions contained in the Mortgage ' shall aflect and apply to the property hereinbefore 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 propeny, and to the Trustees and their successors as Trustees of said property in the same ~ ~ ~ B~K 2~8 ~ 381 ~ ~ ~ ~ ~ ~ ~ - ~ ~ _ ~ ; , ~ . _ : _ . rt ~ ~--.._v _ Y,