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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 dt 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 deliv4red 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, chat 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 Amide XIII of the Mortgage by reason
of the occurrence of a Default as defined in Section 65 thereof. -
TO HAVE AND TO HOLD all SUdI properties, real, personal and mixed,
granted, bargained, sold, released, conveyed, assigned, transferred, wort-
- 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
Fortieth Supplemental Indenture being supplemental thereto.
AND rr is HERESY covENAN'rED by the Company that all the terms,
conditions, provisos, covenants and" provisions contained in the Mortgage
shall affect and apply to-the property hereinbefore described and conveyed.
and co "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
Trustees and their successors as Trustees of said property in the same
manner and with the same efi'ect as if said property had been owned by the
Company at the time of the execution of the Mortgage, and had been
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