Loading...
HomeMy WebLinkAbout0293 . ~ 8 ~ course of its business; all timber, minerals, minerai rights and royalties; ( 6) the Company's franchise to be a corporation; and ( 7) the properties aiready 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 I; 1926, from Florida Power & Light Company to Bankers Trust Company and The Florida National Bank of lacksonville, Trustees, and specificdlly describcd in three separate releases executed by Bankers Trust Company and The Florida National Bank of Jacksonvilie, dated July 28, 1943, October 6, I 943 .and December l1, 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 properties are located: i provided, however, that the property and rights expressly excepted from the i Lien and operation of the Mortgage in the above subdivisions ( 2) and ( 3) i 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 r of the occurrence of a Default as defined in Section 65 thereof. ~ ~ TO HAVE AND TO HOLD aII SuCII plU~rtles, real, personai and mixed, F granted, bargained, soid, released, conveyed, assigned, transferred, mort- . ~ gaged, pledged, set over or confirmed by the Company as aforesaid, or ; intended so to be, unto Ftorida First Naaonal 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 suecessors and assigns forever. ~ • IN TRUST NEVERTHELESS, for the same purposes and upon the same ~y~ terms, trusts and conditions and subject to and with the ~ame provisos and covenants as are set forth in the Mortgage, as heretofore supplemented, this Twenty-eighth Suppiemental Indenture being supplemental thereto. ~ ~ AND IT IS HEREBY COVENANTED by tlle CO(flp3lly that 3II the terms, '~~~i condidons, provisos, covenants and provisions contained in the Mortgage shall af1'ect 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 property, and to the Trustees and their successors as Trustees of said propecty in the same 1~ ~ z-~ ~~oR ~23 ?x~ 2~ . :~f , . , . . . , ~ ' : . , , s' . ' i , .