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course of its business; al! 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
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 1 I, 1943, which releases have heretofore been delivered by
the said Trustees to the Company and recorded by the Company among the
Public Rernrds 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 65 thereof.
TO HAVE AND TO HOLD all SUCK properties, real, personal and mixed,
granted, bargained, sold, released, conveyed, assigned, transferred, mort-
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 TRUST NEVERTHELESS, 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 supplemented, this
Thirty-eighth Supplemental Indenture being supplemental thereto.
AND rr is tiEREev covENANTED by the Company that all the terms,
rnnditions, 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 Trustees
and the beneficiaries of the trust with respect to said property, and to the
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