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HomeMy WebLinkAbout0084 8 of sale in the usual oourse of business and fuel, oil and similar materials and supplies consumable in the operation of any properties of the Company; rolling stock, buses, motor voaches, automobiles and other vehicles; ( 3) bilis, notes and aa~ounts receivable, and all oontracts, leases and operating i` agreements not specifically pledged under the Mortgage or covenanted so to be; (4) the last day of the term of any lease or leasehold which may ~ hereafter beoome subject to the Lien of the Mortgage; ( 5) electric energy, gas, ice, and other materials or Qr9ducts.~,enerated, manufactured, produced or purchased by the Company for saie, distribution or use in the ordinary murse of its business; all timber, 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 ~ Flocida Power & 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 ~ f Florida Nauonal Bank of Jacksonville, dated July 28, 1943, October 6. 1943 _ ~ and December 1 l, 1943, wh.ich releases have heretofore been delivered by ~ the said Trustees to the Company and reoorded by the Company among the Public Records of all Counties in which such properties are located; ~ ~ provided, however, that the property and rights expressly excepted from the ~ ~ Lien and operauon 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 Arucle Xlll of the Mortgage by reason ~ of the occurcence of a Default as defined in Secdon 65 thereof. TO HAVE AND TO HOLD aII such properties, real, personal and mixed, ~ granted, bargained. sold. released, rnnveyed, assigned, transferred, m~rt- - ~ 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 capaciry to hofd the same for the purposes hereof) to Bankers :rust Company, the Cor~wrate Trustee, and its ~ and their successors and assigns forever. s, _ ~ ~ - IN TRUST NEVERTHELESS, for the same purposes and upon the same ~ _ terms, trusts and conditions and subject to and with the same provisos and ~ ~ ~ - ~ ~ - ~ ~a~~P~ ~ ~ - E,. ~ + ~ ~ _ ~F3 . "C c~y - " ?+r~ . . _ ~ , . . : . _ .t ,