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whether such power, privilege or right is in any way restricted or is
unrestricted, may be in whole or in part 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
rnntained in the Mortgage certain other covenants and agreements to be
observed by it and to alter and amend in certain resp, cts the covenants and
provisions contained in the Mortgage; and -
WHEREAS, the execution and delivery by the Company of this Fortieih
Supplemental Indenture, and the terms of the bonds, hereinafter referred to
in Article I, -have been duly authorised by the Board of Directors of the
Company by appropriate resolutions of said Board of Directors;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Company, in
consideration of the premises and of One Dollar to it 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 eBect 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-
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~ BOOK341 PAGf.1~.44
. s. 3 . - : ~ -