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HomeMy WebLinkAbout0755i• ~ 2 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 wuuld be necessary to entitle a conveyance of real estate to record in all of the states in which any pmperty at the time subject to the Lien of the Mortgage shall be situ- ated; and WHEREAS, the Company now desires to create the series of bonds described in Article I hereof and to add its covenants and agreements contained in the Mortgage certain other covenants and agreeme~rts to be observed by it and to alter and amend in certain respects the covenants and provisions contained in the Mortgage; and _ WHEREAS, the execution and delivery by the Company of this Forty- . . . a s ~ _ ra - -- first 5upplemental lndenture, anci ti-e ierms oi Lne c~onas, ner~;na~~r referred to in Article I, have been duly authorized by the Board of Direc- tors of t6e Company by appropriate resolutions of said Board of Direc- tors; NOW, THEREFOAE, 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 as- surance of the estate, title and rights of the Trustees and in order fur- ther 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 Mort gage, 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, how- ever, to Excepted Encumbrances as defined in Section 6 of the Mort- gage) unto Florida 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 Mortgage, and to their successor or successors in said trust, and to said 1~ustees and their successors and assigns forever, all property, real, personal and mixed, acquired by the 5'~7K •J~ Pa~E 754 i ~ ~ ~ ~~ ; ~:z;~. ~