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HomeMy WebLinkAbout1172 L j . a~ . 2 whether such power, privilege or right is in any way restricted or is unrestricted, may be in whole or in pan waived or surrendered or subjected to any restriction if at the time unrestricted or to additional restriction if already restricted, and the Company may enter into any further covenants, limitations or restrictions for the benefit of any one or more series of bonds issued thereunder, or the Company may cure any ambiguity contained therein, or in any supplemental indenture, or may establish the terms and provisions of any series of bonds other than said first series, by an instrument in writing executed and acknowledged by the Company in such manner as would be necessary to entitle a conveyance of real estate to record in all of the states in which any property at the time subject to the Lien of the Mortgage shall be situated; and WHEREAS, the Company now desires to create the series of bonds described in Article I hereof and to add to its covenants and agreements contained in the Mortgage certain other covenants and agreements to be observed by it and to alter and amend in certain respects the covenants and i provisions contained in the Mortgage; and ~ WNEREws, the execution and delivery by the Company of this Thirty- ninth Supplemental Indenture, and the terms of the bonds, hereinafter referred to in Article I, have been duly authorized by the Board of Directors of the Company by appropriate resolutions of said Board of Directors; TIOW, THEREFORE, Tlit$ INnENTt)RE WITNFSSETH: That the Company, In consideration of the premises and of One Dollar to is duly paid by the Trustees at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and in further evidence of assurance of the estate, title and rights of the Trustees and in order further to secure the payment of both the principal of and interest and premium, if any, on the bonds from time to time issued under the Mortgage, according to their tenor and effect and the performance of all the provisions of the Mortgage (including any instruments supplemental thereto and any modification " made as in the Mortgage provided) and of said bonds, hereby grants, bargains, sells, releases, conveys, assigns, transfers, mortgages, pledges, sets over and confirms (subject, however, to Excepted Encumbrances as defined . in Section 6 of the Mortgage) unto Florida First National Bank of Jacksonville and (to the extent of its legal capacity to hold the same for the . purposes hereof) to Bankers Trust Company, as Trustees under the Mort- i € ~ c e" ' 8OnX JJ~ P1~GE~~ - -