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pany's franchise to be a corporation; and 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 & 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 National Bank of Jacksonville, dated July 28,
1943, October 6, 1943 and December 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 properties 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 6~ thereof.
To HAVE AND To HOLD all such properties, real, personal and mixed,
granted, bargained, sold, released, conveyed, assigned, transferred,
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-'I~ustee, 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 ~1EVERTHELESS, 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 supple-
mented, this Thirty-seventh Supplemental Indenture being supplemen-
tal thereto.
A.vD IT Is HEREBY covExaNTEn by the Company .that ali the terms,
conditions, provisos, covenants and provisions contained in the 1+Iort-
gage shall affect and apply to the property hereinbefore described and
conveyed and to the estate, rights, obligations and duties of the Com-
pany 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 and with the same effect as if said property
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