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pany's franchise to be a corporation: and (?) the properties already sold
or in the process of beir,g sold by the Company and heretofore released
from the Mortgage and Deed of Trust, dated as of Januar,y 1, 192G, from
Florida Puwer & Light Company tu Bankers 1'rust Company and The
Florida National Bank of Jacksonville, Trustees, and specificaliy de-
scribed in three separate releases executed by Bankers Trust Compan~~
and The Florida National Bank of Jacksonville, dated July 28, 1943, Oc-
tober 6, 1943 and December 11, 1993, which releases have heretofore
been delivered by the said Trustees to the Company and recorded by the
Company among the Public Records of all Counties in which such prop-
erties are located; provided, how ever, that the property and rights ex-
pressly 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 er~Ler upon and take posses-
sion 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
UC~iiCU ii• eva°.~~;vn ~~ thwrPnf_
To HAVE AND TO HOLD all such properties, real, personal and mixe~,
granted, bargaineci, sold, released, coni~eyed, assigned, transferred,
mortgaged, pledged, set over or confirmed by the Comparey as aforesaid,
or intended so to be, unto Florida ~iational Bank of Jacksonville, the Co-
Trustee, and (to the extent of its legal capacity ta hold the same for the
purposes hereof ) to Bankers Trust Company, the Corporate Trustee,
and its and their successors and assigns forever.
IN TRUST NEVERTHELF.SS, 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 supple-
mented, this Forty-first Supplementa) Indenture being supplemental
thereto.
AND IT IS HEREBY COVENANTED b~~ the Company that all the terms,
conditions, provisos, covenants and provisions contained in the Mort-
gage shall affect and apply to the property hereinbefore described and
conveyed and to the estate, rights, obligations and duties of the Com-
pany 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 effect as if said property
b~~x 350 p~r,f 757
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