EXHIBIT 4
THIS INSTRUMENT WAS PREPARED
UNDER THE SUPERVISION OF:
R. ALEXANDER GLENN, ASSOCIATE GENERAL COUNSEL
FLORIDA POWER CORPORATION
D/B/A PROGRESS ENERGY FLORIDA, INC.
100 CENTRAL AVENUE
ST. PETERSBURG, FLORIDA 33701
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FLORIDA POWER CORPORATION
D/B/A PROGRESS ENERGY FLORIDA, INC.
TO
JPMORGAN CHASE BANK, TRUSTEE
---------------------
FORTY-THIRD
SUPPLEMENTAL INDENTURE
DATED AS OF NOVEMBER 1, 2003
--------------------
This is a security agreement covering personal property as
well as a mortgage upon real estate and other property.
SUPPLEMENT TO INDENTURE
DATED AS OF JANUARY 1, 1944, AS SUPPLEMENTED
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NOTE TO RECORDER: Intangible Taxes and Documentary Stamp Taxes have been
collected by the Pinellas County Circuit Court Clerk.
TABLE OF CONTENTS*
PAGE
----
RECITALS....................................................................... 1
GRANTING LANGUAGE.............................................................. 4
ARTICLE I -- THE NEW SERIES BONDS.............................................. 6
A. Creation of First Mortgage Bonds, 5.10% Series due 2015........... 6
B. Form of the New Series Bonds...................................... 12
C. Payment of Interest on the New Series Bonds....................... 18
ARTICLE II -- ADDITIONAL COVENANTS............................................. 20
ARTICLE III -- RESERVATION OF AMENDMENT........................................ 20
ARTICLE IV -- CONSENT TO AMENDMENT............................................. 21
ARTICLE V -- SUNDRY PROVISIONS................................................. 21
EXHIBITS:
EXHIBIT A -- Recording Information............................................. A-1
EXHIBIT B -- Property Descriptions............................................. B-1
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* The headings listed in this Table of Contents are for convenience only and
should not be included for substantive purposes as part of this Supplemental
Indenture.
RECITALS
SUPPLEMENTAL INDENTURE, dated as of the 1st day of November 2003, made
and entered into by and between FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY
FLORIDA, INC., a corporation of the State of Florida (hereinafter sometimes
called the "Company"), party of the first part, and JPMORGAN CHASE BANK, a New
York banking corporation, whose address is 4 New York Plaza, New York, New York,
10004, (hereinafter sometimes called the "Trustee"), as Trustee, party of the
second part.
WHEREAS, the Company has heretofore executed and delivered an indenture of
mortgage and deed of trust, titled the Indenture, dated as of January 1, 1944,
and the same has been recorded in the public records of the counties listed on
EXHIBIT A hereto, on the dates and in the official record books and at the page
numbers listed thereon, and for the purpose of preventing the extinguishment of
said Indenture under Chapter 712, Florida Statutes, the above-referred-to
Indenture applicable to each county in which this instrument is recorded is
hereby incorporated herein and made a part hereof by this reference thereto
(said Indenture is hereinafter referred to as the "Original Indenture" and with
the below-mentioned forty-two Supplemental Indentures and this Supplemental
Indenture and all other indentures, if any, supplemental to the Original
Indenture collectively referred to as the "Indenture"), in and by which the
Company conveyed and mortgaged to the Trustee certain property therein described
to secure the payment of all bonds of the Company to be issued thereunder in one
or more series; and
WHEREAS, pursuant to and under the terms of the Original Indenture, the Company
issued $16,500,000 First Mortgage Bonds, 3 3/8% Series due 1974; and
WHEREAS, subsequent to the date of the execution and delivery of the Original
Indenture, the Company has from time to time executed and delivered forty-two
indentures supplemental to the Original Indenture (collectively, the
"Supplemental Indentures"), providing for the creation of additional series of
bonds secured by the Original Indenture and/or for amendment of certain terms
and provisions of the Original Indenture and of indentures supplemental thereto,
such Supplemental Indentures, and the purposes thereof, being as follows:
SUPPLEMENTAL INDENTURE
AND DATE PROVIDING FOR:
- -------------------------- -------------------------------------------------------
First $4,000,000 First Mortgage Bonds, 2 7/8% Series due 1974
July 1, 1946
Second $8,500,000 First Mortgage Bonds, 3 1/4% Series due 1978
November 1, 1948
Third $14,000,000 First Mortgage Bonds, 3 3/8% Series due 1981
July 1, 1951
Fourth $15,000,000 First Mortgage Bonds, 3 3/8% Series due 1982
November 1, 1952
Fifth $10,000,000 First Mortgage Bonds, 3 5/8% Series due 1983
November 1, 1953
Sixth $12,000,000 First Mortgage Bonds, 3 1/8% Series due 1984
July 1, 1954
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SUPPLEMENTAL INDENTURE
AND DATE PROVIDING FOR:
- -------------------------- -------------------------------------------------------
Seventh $20,000,000 First Mortgage Bonds, 3 7/8% Series due 1986,
July 1, 1956 and amendment of certain provisions of the Original Indenture
Eighth $25,000,000 First Mortgage Bonds, 4 1/8% Series due 1988,
July 1, 1958 and amendment of certain provisions of the Original Indenture
Ninth $25,000,000 First Mortgage Bonds, 4 3/4% Series due 1990
October 1, 1960
Tenth $25,000,000 First Mortgage Bonds, 4 1/4% Series due 1992
May 1, 1962
Eleventh $30,000,000 First Mortgage Bonds, 4 5/8% Series due 1995
April 1, 1965
Twelfth $25,000,000 First Mortgage Bonds, 4 7/8% Series due 1995
November 1, 1965
Thirteenth $25,000,000 First Mortgage Bonds, 6 1/8% Series due 1997
August 1, 1967
Fourteenth $30,000,000 First Mortgage Bonds, 7% Series due 1998
November 1, 1968
Fifteenth $35,000,000 First Mortgage Bonds, 7 7/8% Series due 1999
August 1, 1969
Sixteenth Amendment of certain provisions of the Original Indenture
February 1, 1970
Seventeenth $40,000,000 First Mortgage Bonds, 9% Series due 2000
November 1, 1970
Eighteenth $50,000,000 First Mortgage Bonds, 7 3/4% Series due 2001
October 1, 1971
Nineteenth $50,000,000 First Mortgage Bonds, 7 3/8% Series due 2002
June 1, 1972
Twentieth $50,000,000 First Mortgage Bonds, 7 1/4% Series A due 2002
November 1, 1972
Twenty-First $60,000,000 First Mortgage Bonds, 7 3/4% Series due 2003
June 1, 1973
Twenty-Second $70,000,000 First Mortgage Bonds, 8% Series A due 2003
December 1, 1973
Twenty-Third $80,000,000 First Mortgage Bonds, 8 3/4% Series due 2006
October 1, 1976
Twenty-Fourth $40,000,000 First Mortgage Bonds, 6 3/4-6 7/8% Series due
April 1, 1979 2004-2009
Twenty-Fifth $100,000,000 First Mortgage Bonds, 13 5/8% Series due 1987
April 1, 1980
Twenty-Sixth $100,000,000 First Mortgage Bonds, 13.30% Series A due 1990
November 1, 1980
Twenty-Seventh $38,000,000 First Mortgage Bonds, 10-10 1/4% Series due
November 15, 1980 2000-2010
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SUPPLEMENTAL INDENTURE
AND DATE PROVIDING FOR:
- -------------------------- -------------------------------------------------------
Twenty-Eighth $50,000,000 First Mortgage Bonds, 9 1/4% Series A due 1984
May 1, 1981
Twenty-Ninth Amendment of certain provisions of the Original Indenture
September 1, 1982
Thirtieth $100,000,000 First Mortgage Bonds, 13 1/8% Series due 2012
October 1, 1982
Thirty-First $150,000,000 First Mortgage Bonds, 8 5/8% Series due 2021
November 1, 1991
Thirty-Second $150,000,000 First Mortgage Bonds, 8% Series due 2022
December 1, 1992
Thirty-Third $75,000,000 First Mortgage Bonds, 6 1/2% Series due 1999
December 1, 1992
Thirty-Fourth $80,000,000 First Mortgage Bonds, 6-7/8% Series due 2008
February 1, 1993
Thirty-Fifth $70,000,000 First Mortgage Bonds, 6-1/8% Series due 2003
March 1, 1993
Thirty-Sixth $110,000,000 First Mortgage Bonds, 6% Series due 2003
July 1, 1993
Thirty-Seventh $100,000,000 First Mortgage Bonds, 7% Series due 2023
December 1, 1993
Thirty-Eighth Appointment of First Chicago Trust Company of New York as
July 25, 1994 successor Trustee and resignation of former Trustee and Co-Trustee
Thirty-Ninth $300,000,000 First Mortgage Bonds, 6.650% Series due 2011
July 1, 2001
Fortieth $240,865,000 First Mortgage Bonds in three series as
July 1, 2002 follows: (i) $108,550,000 Pollution Control Series 2002A
Bonds due 2027; (ii) $100,115,000 Pollution Control Series 2002B
Bonds due 2022; and (iii) $32,200,000 Pollution Control
Series 2002C Bonds due 2018; and reservation of amendment of certain
provisions of the Original Indenture
Forty-First $650,000,000 First Mortgage Bonds in two series as
February 1, 2003 follows: (i) $425,000,000 4.80% Series due 2013 and (ii)
$225,000,000 5.90% Series due 2033; and reservation of
amendment of certain provisions of the Original Indenture
Forty-Second Amendment of certain provisions of the Original Indenture;
April 1, 2003 appointment of Bank One, N.A. as successor Trustee and
resignation of former Trustee; and reservation of
amendment of certain provisions of the Original Indenture
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WHEREAS, the Supplemental Indentures have each been recorded in the public
records of the counties listed on EXHIBIT A hereto, on the dates and in the
official record books and at the page numbers listed thereon; and
WHEREAS, subsequent to the date of the execution and delivery of the
Forty-Second Supplemental Indenture the Company has purchased, constructed or
otherwise acquired certain property hereinafter referred to, and the Company
desires by this Supplemental Indenture to confirm the lien of the Original
Indenture on such property; and
WHEREAS, pursuant to the Forty-Second Supplemental Indenture, First Chicago
Trust Company of New York resigned as Trustee and Bank One, N.A. was appointed
as the successor Trustee, effective May 1, 2003; and
WHEREAS, on November 16, 2003, Bank One, N.A. sold all of its corporate trust
business and assets and, in connection with such sale, JPMorgan Chase Bank
became the successor Trustee pursuant to Section 14.21 of the Original
Indenture; and
WHEREAS, JPMorgan Chase Bank is eligible and qualified to serve as Trustee under
the Indenture; and
WHEREAS, the Company desires by this Supplemental Indenture to create a new
series of bonds to be designated as First Mortgage Bonds, 5.10% Series due 2015
(the "New Series Bonds"), to be issued under the Original Indenture pursuant to
Section 2.01 of the Original Indenture, and also desires to deliver to the
Trustee prior to or simultaneously with the authentication and delivery of the
initial issue of Three Hundred Million Dollars ($300,000,000) principal amount
of the New Series Bonds pursuant to Section 4.05 of the Original Indenture the
documents and instruments required by said section; and
WHEREAS, the Company in the exercise of the powers and authority conferred upon
and reserved to it under and by virtue of the Indenture, and pursuant to the
resolutions of its Board of Directors (as defined in the Indenture, which
definition includes any duly authorized committee of the Board of Directors,
including the First Mortgage Bond Indenture Committee of the Board of Directors)
has duly resolved and determined to make, execute and deliver to the Trustee a
Supplemental Indenture in the form hereof for the purposes herein provided; and
WHEREAS, all conditions and requirements necessary to make this Supplemental
Indenture a valid, binding and legal instrument in accordance with its terms
have been done, performed and fulfilled, and the execution and delivery hereof
have been in all respects duly authorized;
NOW, THEREFORE, THIS SUPPLEMENTAL INDENTURE WITNESSETH: That Florida Power
Corporation d/b/a Progress Energy Florida, Inc., in consideration of the
premises and of One Dollar ($1.00) and other good and valuable consideration to
it duly paid by the Trustee at or before the ensealing and delivery of these
presents, the receipt whereof is hereby acknowledged, and in order to secure the
payment of both the principal of and interest and premium, if any, on the bonds
from time to time issued and to be issued under the Indenture, according to
their tenor and effect, does hereby confirm the grant, sale, resale, conveyance,
assignment, transfer, mortgage and pledge of the property described in the
Original Indenture and the Supplemental Indentures (except such properties or
interests therein as may have been
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released or sold or disposed of in whole or in part as permitted by the
provisions of the Original Indenture), and hath granted, bargained, sold,
released, conveyed, assigned, transferred, mortgaged, pledged, set over and
confirmed, and by these presents doth grant, bargain, sell, release, convey,
assign, transfer, mortgage, pledge, set over and confirm unto JPMorgan Chase
Bank, as Trustee, and to its successors in the trust and to its successors and
assigns, forever, all property, real, personal and mixed, tangible and
intangible, owned by the Company on the date of the execution of this
Supplemental Indenture or which may be hereafter acquired by it, including (but
not limited to) all property which it has acquired subsequent to the date of
execution of the Forty-Second Supplemental Indenture and situated in the State
of Florida, including without limitation the property described on EXHIBIT B
hereto (in all cases, except such property as is expressly excepted by the
Original Indenture from the lien and operation thereof); and without in any way
limiting or impairing by the enumeration of the same the scope and intent of the
foregoing, all lands, power sites, flowage rights, water rights, water
locations, water appropriations, ditches, flumes, reservoirs, reservoir sites,
canals, raceways, dams, dam sites, aqueducts and all other rights or means for
appropriating, conveying, storing and supplying water; all rights of way and
roads; all plants for the generation of electricity by steam, water and/or other
power; all power houses, facilities for utilization of natural gas, street
lighting systems, if any, standards and other equipment incidental thereto,
telephone, radio and television systems, microwave systems, facilities for
utilization of water, steam heat and hot water plants, if any, all substations,
lines, service and supply systems, bridges, culverts, tracks, offices, buildings
and other structures and equipment and fixtures thereof; all machinery, engines,
boilers, dynamos, electric machines, regulators, meters, transformers,
generators, motors, electrical and mechanical appliances, conduits, cables,
pipes, fittings, valves and connections, poles (wood, metal and concrete), and
transmission lines, wires, cables, conductors, insulators, tools, implements,
apparatus, furniture, chattels, and choses in action; all municipal and other
franchises, consents, licenses or permits; all lines for the distribution of
electric current, gas, steam heat or water for any purpose including towers,
poles (wood, metal and concrete), wires, cables, pipes, conduits, ducts and all
apparatus for use in connection therewith; all real estate, lands, easements,
servitudes, licenses, permits, franchises, privileges, rights-of-way and other
rights in or relating to real estate or the use and occupancy of the same
(except as herein or in the Original Indenture or any of the Supplemental
Indentures expressly excepted); all the right, title and interest of the Company
in and to all other property of any kind or nature appertaining to and/or used
and/or occupied and/or enjoyed in connection with any property hereinbefore, or
in the Original Indenture and said Supplemental Indentures, described.
IT IS HEREBY AGREED by the Company that all the property, rights and franchises
acquired by the Company after the date hereof (except any property herein or in
the Original Indenture or any of the Supplemental Indentures expressly excepted)
shall, subject to the provisions of Section 9.01 of the Original Indenture and
to the extent permitted by law, be as fully embraced within the lien hereof as
if such property, rights and franchises were now owned by the Company and/or
specifically described herein and conveyed hereby.
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances
belonging or in any way appertaining to the aforesaid mortgaged property or any
part thereof, with the reversion and reversions, remainder and remainders and
(subject to the provisions of Section 9.01 of the Original Indenture) the tolls,
rents, revenues, issues, earnings, income, product and profits thereof, and all
the estate, right, title and interest and claim whatsoever, at
5
law as well as in equity, which the Company now has or may hereafter acquire in
and to the aforesaid mortgaged property and every part and parcel thereof.
TO HAVE AND TO HOLD THE SAME unto JPMorgan Chase Bank, the Trustee, and its
successors in the trust and its assigns forever, but IN TRUST NEVERTHELESS upon
the terms and trusts set forth in the Indenture, for the benefit and security of
those who shall hold the bonds and coupons issued and to be issued under the
Indenture, without preference, priority or distinction as to lien of any of said
bonds and coupons over any others thereof by reason or priority in the time of
the issue or negotiation thereof, or otherwise howsoever, subject, however, to
the provisions of Sections 10.03 and 10.12 of the Original Indenture.
SUBJECT, HOWEVER, to the reservations, exceptions, conditions, limitations and
restrictions contained in the several deeds, servitudes and contracts or other
instruments through which the Company acquired, and/or claims title to and/or
enjoys the use of the aforesaid properties; and subject also to encumbrances of
the character defined in the Original Indenture as "excepted encumbrances" in so
far as the same may attach to any of the property embraced herein.
Without derogating from the security and priority presently afforded by the
Indenture and by law for all of the bonds of the Company that have been, are
being, and may in the future be, issued pursuant to the Indenture, for purposes
of obtaining any additional benefits and security provided by Section 697.04 of
the Florida Statutes, the following provisions of this paragraph shall be
applicable. The Indenture also shall secure the payment of both principal and
interest and premium, if any, on the bonds from time to time hereafter issued
pursuant to the Indenture, according to their tenor and effect, and the
performance and observance of all the provisions of the Indenture (including any
indentures supplemental thereto and any modification or alteration thereof made
as therein provided), whether the issuance of such bonds may be optional or
mandatory, and for any purpose, within twenty (20) years from the date of this
Supplemental Indenture. The total amount of indebtedness secured by the
Indenture may decrease or increase from time to time, but the total unpaid
balance so secured at any one time shall not exceed the maximum principal amount
of $2,500,000,000.00, plus interest and premium, if any, as well as any
disbursements made for the payment of taxes, levies or insurance on the property
encumbered by the Indenture, with interest on those disbursements, plus any
increase in the principal balance as the result of negative amortization or
deferred interest. For purposes of Section 697.04 of the Florida Statutes, the
Original Indenture, as well as all of the indentures supplemental thereto that
have been executed prior to the date of this Supplemental Indenture, are
incorporated herein by this reference with the same effect as if they had been
set forth in full herein.
And, upon the consideration hereinbefore set forth, the Company does hereby
covenant and agree to and with the Trustee and its successors in trust under the
Indenture for the benefit of those who shall hold bonds and coupons issued and
to be issued under the Indenture, as follows:
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ARTICLE I
THE NEW SERIES BONDS
A. FIRST MORTGAGE BONDS, 5.10% SERIES DUE 2015
SECTION 1. The Company hereby creates a new series of bonds, not limited in
principal amount except as provided in the Original Indenture, to be issued
under and secured by the Original Indenture, to be designated by the title
"First Mortgage Bonds, 5.10% Series due 2015." The initial issue of the New
Series Bonds shall consist of Three Hundred Million Dollars ($300,000,000)
principal amount thereof. Subject to the terms of the Indenture, the principal
amount of the New Series Bonds is unlimited. The Company may, at its option in
the future, issue additional New Series Bonds.
The New Series Bonds shall be issued only as registered bonds without coupons in
the denomination of One Thousand Dollars ($1,000) or any integral multiple
thereof.
SECTION 2. (a) The New Series Bonds shall be issued in registered form without
coupons and shall be issued initially in the form of one or more Global Bonds
(each such Global Bond, a "New Series Global Bond") to or on behalf of The
Depository Trust Company ("DTC"), as Depositary therefor, and registered in the
name of such Depositary or its nominee. Any New Series Bonds to be issued or
transferred to, or to be held by or on behalf of DTC as such Depositary or such
nominee (or any successor of such nominee) for such purpose shall bear the
depositary legends in substantially the form set forth at the top of the form of
the New Series Bonds in Section B of this Article I, unless otherwise agreed by
the Company, and in the case of a successor Depositary, such legend or legends
as such Depositary and/or the Company shall require and to which each shall
agree, in each case such agreement to be confirmed in writing to the Trustee.
Principal of, and interest on, the New Series Bonds and the Make-Whole
Redemption Price (as defined below), if applicable, will be payable, the
transfer of the New Series Bonds will be registrable and the New Series Bonds
will be exchangeable for New Series Bonds bearing identical terms and
provisions, at the office or agency of the Company in the Borough of Manhattan,
The City and State of New York; provided, however, that payment of interest may
be made at the option of the Company by check mailed to the registered holders
thereof at their registered address; and further provided, however, that with
respect to a New Series Global Bond, the Company may make payments of principal
of, and interest on, such New Series Global Bond and the Make-Whole Redemption
Price, if applicable, pursuant to and in accordance with such arrangements as
are agreed upon by the Company and the Depositary for such New Series Global
Bond. The New Series Bonds shall have the terms set forth in the form of the New
Series Bond set forth in Section B of this Article I.
(b) Notwithstanding any other provision of Subsection A.2 of this Article I or
of Section 2.03 of the Original Indenture, except as contemplated by the
provisions of paragraph (c) below, a New Series Global Bond may be transferred,
in whole but not in part and in the manner provided in Section 2.03 of the
Original Indenture, only to a nominee of the Depositary for such New Series
Global Bond, or to the Depositary, or to a successor Depositary for such New
Series Global Bond selected or approved by the Company, or to a nominee of such
successor Depositary.
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(c) (1) If at any time the Depositary for a New Series Global Bond notifies the
Company that it is unwilling or unable to continue as the Depositary for such
New Series Global Bond or if at any time the Depositary for a New Series Global
Bond shall no longer be eligible or in good standing under any applicable
statute or regulation, the Company shall appoint a successor Depositary with
respect to such New Series Global Bond. If a successor Depositary for such New
Series Global Bond is not appointed by the Company within 90 days after the
Company receives such notice or becomes aware of such ineligibility, the Company
will execute, and the Trustee, upon receipt of a Company order for the
authentication and delivery of the New Series Bonds in the form of definitive
certificates in exchange for such New Series Global Bond, will authenticate and
deliver, without service charge, the New Series Bonds in the form of definitive
certificates of like tenor and terms in an aggregate principal amount equal to
the principal amount of the New Series Global Bond in exchange for such New
Series Global Bond. Such New Series Bonds will be issued to and registered in
the name of such person or persons as are specified by the Depositary.
(2) The Company may at any time and in its sole discretion determine
that any New Series Bonds issued or issuable in the form of one or more New
Series Global Bonds shall no longer be represented by such New Series Global
Bond or Bonds. In any such event the Company will execute, and the Trustee, upon
receipt of a Company order for the authentication and delivery of New Series
Bonds in the form of definitive certificates in exchange in whole or in part for
such New Series Global Bond or Bonds, will authenticate and deliver, without
service charge, to each person specified by the Depositary, New Series Bonds in
the form of definitive certificates of like tenor and terms in an aggregate
principal amount equal to the principal amount of such New Series Global Bond or
the aggregate principal amount of such New Series Global Bonds in exchange for
such New Series Global Bond or Bonds.
(3) If the Company so elects in an officer's certificate, the
Depositary may surrender New Series Bonds issued in the form of a New Series
Global Bond in exchange in whole or in part for New Series Bonds in the form of
definitive certificates of like tenor and terms on such terms as are acceptable
to the Company and such Depositary. Thereupon the Company shall execute, and the
Trustee shall authenticate and deliver, without service charge, (A) to each
person specified by such Depositary a new New Series Bond or Bonds of like tenor
and terms and any authorized denomination as requested by such person in
aggregate principal amount equal to and in exchange for such person's beneficial
interest in the New Series Global Bond; and (B) to such Depositary a new New
Series Global Bond of like tenor and terms and in an authorized denomination
equal to the difference, if any, between the principal amount of the surrendered
New Series Global Bond and the aggregate principal amount of the New Series
Bonds delivered to holders thereof.
(4) In any exchange provided for in any of the preceding three
subparagraphs, the Company shall execute and the Trustee shall authenticate and
deliver New Series Bonds in the form of definitive certificates in authorized
denominations. Upon the exchange of the entire principal amount of a New Series
Global Bond for New Series Bonds in the form of definitive certificates, such
New Series Global Bond shall be canceled by the Trustee. Except as provided in
the immediately preceding subparagraph, the New Series Bonds issued in exchange
for a New Series Global Bond pursuant to Subsection A.2 of this Article I shall
be registered in such names and in such authorized denominations as the
Depositary for such New Series Global Bond,
8
acting pursuant to instructions from its direct or indirect participants or
otherwise, shall instruct the Trustee. Provided that the Company and the Trustee
have so agreed, the Trustee shall deliver such New Series Bonds to the persons
in whose names the New Series Bonds are so to be registered.
(5) Any endorsement of a New Series Global Bond to reflect the
principal amount thereof, or any increase or decrease in such principal amount,
shall be made in such manner and by such person or persons as shall be specified
in or pursuant to any applicable letter of representations or other arrangement
entered into with, or procedures of, the Depositary with respect to such New
Series Global Bond or in the Company order delivered or to be delivered pursuant
to Section 4.07 of the Original Indenture with respect thereto. Subject to the
provisions of Section 4.07 of the Original Indenture, the Trustee shall deliver
and redeliver any such New Series Global Bond in the manner and upon
instructions given by the person or persons specified in or pursuant to any
applicable letter of representations or other arrangement entered into with, or
procedures of, the Depositary with respect to such New Series Global Bond or in
any applicable Company order. If a Company order pursuant to Section 4.07 of the
Original Indenture is so delivered, any instructions by the Company with respect
to such New Series Global Bond contained therein shall be in writing but need
not be accompanied by or contained in an officer's certificate and need not be
accompanied by an opinion of counsel.
(6) The Depositary or, if there be one, its nominee, shall be the
holder of a New Series Global Bond for all purposes under the Indenture and the
New Series Bonds and beneficial owners with respect to such New Series Global
Bond shall hold their interests pursuant to applicable procedures of such
Depositary. The Company, the Trustee and any bond registrar shall be entitled to
deal with such Depositary for all purposes of the Indenture relating to such New
Series Global Bond (including the payment of principal, the Make-Whole
Redemption Price, if applicable, and interest and the giving of instructions or
directions by or to the beneficial owners of such New Series Global Bond as the
sole holder of such New Series Global Bond and shall have no obligations to the
beneficial owners thereof (including any direct or indirect participants in such
Depositary)). None of the Company, the Trustee, any paying agent or bond
registrar shall have any responsibility or liability for any aspect of the
records relating to or payments made on account of beneficial ownership
interests of a beneficial owner in or pursuant to any applicable letter of
representations or other arrangement entered into with, or procedures of, the
Depositary with respect to such New Series Global Bond or for maintaining,
supervising or reviewing any records relating to such beneficial ownership
interests.
SECTION 3. November 21, 2003 shall be the date of the beginning of the first
interest period for the New Series Bonds. The New Series Bonds shall be dated as
provided in Section 2.01 of the Original Indenture. The New Series Bonds shall
be payable on December 1, 2015, in such coin or currency of the United States of
America as at the time of payment is legal tender for the payment of public and
private debts, and shall bear interest, payable in like coin or currency, at the
rate of 5.10% per annum, payable semiannually on June 1 and December 1 of each
year (each an "Interest Payment Date") to the persons in whose names the New
Series Bonds are registered at the close of business on the tenth calendar day
next preceding the Interest Payment Date (i.e., May 22 and November 21,
respectively) (each a "Regular Record Date"), provided, however, that so long as
the New Series Bonds are registered in the name of DTC or its nominee, the
Regular Record Date for interest payable shall be the close of business on the
business day
9
immediately preceding such Interest Payment Date (each subject to certain
exceptions provided in this Supplemental Indenture and the Indenture), until
maturity, according to the terms of the bonds or on prior redemption or by
declaration or otherwise, and at the highest rate of interest borne by any of
the bonds outstanding under the Indenture from such date of maturity until they
shall be paid or payment thereof shall have been duly provided for. Principal
of, and interest on, the New Series Bonds and the Make-Whole Redemption Price,
if applicable, shall be payable at the office or agency of the Company in the
Borough of Manhattan, The City of New York; provided, however, that payment of
interest may be made, at the option of the Company, by check mailed by the
Company or its affiliate to the person entitled thereto at his registered
address. If a due date for the payment of interest, principal or the Make-Whole
Redemption Price, if applicable, falls on a day that is not a business day, then
the payment will be made on the next succeeding business day, and no interest
will accrue on the amounts payable for the period from and after the original
due date and until the next business day. The term "business day" means any day
other than a Saturday or Sunday or day on which banking institutions in the City
of New York are required or authorized to close.
The New Series Bonds may be redeemed at the option of the Company in whole at
any time, or in part from time to time, prior to maturity, at a make-whole
redemption price (the "Make-Whole Redemption Price"). The Make-Whole Redemption
Price shall be equal to the greater of (i) 100% of the principal amount of the
New Series Bonds being redeemed or (ii) the sum of the present values of the
remaining scheduled payments of principal and interest on the New Series Bonds
being redeemed discounted to the redemption date on a semiannual basis (assuming
a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 20
basis points, plus in each case accrued and unpaid interest on the principal
amount thereof to the redemption date.
"Treasury Rate" means, with respect to any redemption date, (i) the yield, under
the heading which represents the average for the immediately preceding week,
appearing in the most recently published statistical release designated
"H.15(519)" or any successor publication which is published weekly by the Board
of Governors of the Federal Reserve System and which establishes yields on
actively traded U.S. Treasury securities adjusted to constant maturity under the
caption "Treasury Constant Maturities," for the maturity corresponding to the
Comparable Treasury Issue (if no maturity is within three months before or after
the remaining life (as defined below), yields for the two published maturities
most closely corresponding to the Comparable Treasury Issue will be determined
and the Treasury Rate will be interpolated or extrapolated from such yields on a
straight line basis, rounding to the nearest month); or (ii) if such release (or
any successor release) is not published during the week preceding the
calculation date or does not contain such yields, the rate per annum equal to
the semiannual equivalent yield to maturity of the Comparable Treasury Issue for
the New Series Bonds, calculated using a price for the Comparable Treasury Issue
(expressed as a percentage of its principal amount) equal to the Comparable
Treasury Price for such redemption date. The Treasury Rate will be calculated on
the third business day preceding such redemption date.
"Comparable Treasury Issue" means the United States Treasury security selected
by an Independent Investment Banker having a maturity comparable to the
remaining term of the New Series Bonds to be redeemed that would be utilized, at
the time of selection and in accordance with customary financial practice, in
pricing new issues of corporate debt securities of comparable maturity to the
remaining term of the New Series Bonds.
10
"Comparable Treasury Price" means (i) the average of five Reference Treasury
Dealer Quotations for such redemption date, after excluding the highest and
lowest Reference Treasury Dealer Quotations, or (ii) if the Independent
Investment Banker obtains fewer than four such Reference Treasury Dealer
Quotations, the average of all such quotations.
"Independent Investment Banker" means either Citigroup Global Markets Inc. or
J.P. Morgan Securities Inc., as specified by the Company, or, if such firms are
unwilling or unable to select the Comparable Treasury Issue, an independent
investment banking institution of national standing appointed by the Company.
"Reference Treasury Dealer" means (i) Citigroup Global Markets Inc. and J.P.
Morgan Securities Inc. and their respective successors and (ii) any other three
Primary Treasury Dealers selected by us after consultation with the Independent
Investment Banker, provided, however, that if any of the foregoing shall cease
to be a primary U.S. government securities dealer in New York City (a "Primary
Treasury Dealer"), we will substitute therefor another Primary Treasury Dealer.
"Reference Treasury Dealer Quotations" means, with respect to each Reference
Treasury Dealer and any redemption date, the average, as determined by the
Independent Investment Banker, of the bid and asked prices for the Comparable
Treasury Issue (expressed in each case as a percentage of its principal amount)
quoted in writing to the Independent Investment Banker at 5:00 p.m., New York
City time, on the third business day preceding such redemption date.
So long as the New Series Bonds are registered in the name of DTC, its nominee
or a successor depositary, if the Company elects to redeem less than all of the
New Series Bonds, DTC's practice is to determine by lot the amount of the
interest of each Direct Participant in the New Series Bonds to be redeemed. At
all other times, the Trustee shall draw by lot, in such manner as it deems
appropriate, the particular New Series Bonds, or portions of them, to be
redeemed.
The New Series Bonds shall also be redeemable, as a whole but not in part, at
the Make-Whole Redemption Price in the event that (i) all the outstanding common
stock of the Company shall be acquired by some governmental body or
instrumentality and the Company elects to redeem all of the bonds of all series,
the redemption date in any such event to be not more than one hundred twenty
(120) days after the date on which all said stock is so acquired or (ii) all or
substantially all the mortgaged and pledged property constituting bondable
property which at the time shall be subject to the lien of the Indenture as a
first lien shall be released from the lien of the Indenture pursuant to the
provisions thereof, and available moneys in the hands of the Trustee, including
any moneys deposited by the Company available for the purpose, are sufficient to
redeem all the bonds of all series at the redemption prices (together with
accrued interest to the date of redemption) specified therein applicable to the
redemption thereof upon the happening of such event.
Notice of redemption shall be given by mail not less than 30 nor more than 90
days prior to the date fixed for redemption to the holders of New Series Bonds
to be redeemed (which, as long as the New Series Bonds are held in the
book-entry only system, will be the Depository, its nominee or a successor
depository). On and after the date fixed for redemption (unless the Company
defaults in the payment of the Make-Whole Redemption Price and interest accrued
11
thereon to such date), interest on the New Series Bonds or the portions of them
so called for redemption shall cease to accrue. If the Company elects to redeem
any New Series Bonds, the Company will notify the Trustee of its election at
least 45 days prior to the redemption date (or a shorter period acceptable to
the Trustee) including in such notice, a reasonably detailed computation of the
Make-Whole Redemption Price.
The New Series Bonds of the several denominations are exchangeable for a like
aggregate principal amount of other New Series Bonds of other authorized
denominations. Notwithstanding the provisions of Section 2.03 of the Original
Indenture, for any exchange of the New Series Bonds for other New Series Bonds
of different authorized denominations, or for any transfer of New Series Bonds,
the Company may require the payment of a sum sufficient to reimburse it for any
tax or other governmental charge incident thereto only. The New Series Bonds may
be presented for transfer or exchange at the corporate trust office of the
Trustee in New York, New York.
B. FORM OF THE NEW SERIES BONDS
The New Series Bonds shall be substantially in the following form, with such
inclusions, omissions, and variations as the Board of Directors of the Company
may determine in accordance with the provisions of the Indenture:
[FORM OF NEW SERIES BONDS]
[Insert applicable depositary legend or legends, which initially shall be the
following:
THIS SECURITY IS A GLOBAL NOTE WITHIN THE MEANING OF THE INDENTURE HEREINAFTER
REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITARY OR A NOMINEE THEREOF.
THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY
REGISTERED, AND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE
REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITARY OR A NOMINEE
THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE
DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO FLORIDA POWER
CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC. OR ITS AGENT FOR REGISTRATION OF
TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE
NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED
REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER
ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER,
PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST
HEREIN.
THIS FIRST MORTGAGE BOND, ___% SERIES DUE 20__ MAY, UNDER CONDITIONS PROVIDED IN
THE INDENTURE, BE EXCHANGED FOR FIRST MORTGAGE BONDS,
12
___% SERIES DUE 20__ IN THE FORM OF DEFINITIVE CERTIFICATES OF LIKE TENOR AND OF
AN EQUAL AGGREGATE PRINCIPAL AMOUNT, IN AUTHORIZED DENOMINATIONS, REGISTERED IN
THE NAMES OF SUCH PERSONS AS THE DEPOSITARY SHALL INSTRUCT THE TRUSTEE. ANY SUCH
EXCHANGE SHALL BE MADE UPON RECEIPT BY THE TRUSTEE OF AN OFFICER'S CERTIFICATE
THEREFOR AND A WRITTEN INSTRUCTION FROM THE DEPOSITARY SETTING FORTH THE NAME OR
NAMES IN WHICH THE TRUSTEE IS TO REGISTER SUCH FIRST MORTGAGE BONDS, ___% SERIES
DUE 20__ IN THE FORM OF DEFINITIVE CERTIFICATES.]
REGISTERED BOND CUSIP NO. 341099___
FLORIDA POWER CORPORATION
D/B/A PROGRESS ENERGY FLORIDA, INC.
(INCORPORATED UNDER THE LAWS OF THE STATE OF FLORIDA)
FIRST MORTGAGE BOND,
___% SERIES DUE 20__
DUE ______, 20__
NO. _______ $____________
FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA, INC., a corporation of
the State of Florida (hereinafter called the Company), for value received,
hereby promises to pay to __________________________ or registered assigns, on
___________________ at the office or agency of the Company in the Borough of
Manhattan, The City of New York, _________ Million Dollars ($___,000,000) in
such coin or currency of the United States of America as at the time of payment
is legal tender for the payment of public and private debts, and to pay interest
thereon, semiannually on __________ and ________ of each year to the person in
whose name this bond is registered at the close of business on the tenth
calendar day next preceding the interest payment date (i.e., _________ and
________, respectively), provided, however, that so long as this bond is
registered in the name of The Depository Trust Company or its nominee, the
record date for interest payable on any interest payment date shall be the close
of business on the business day immediately preceding such interest payment date
(each subject to certain exceptions provided in the Mortgage hereinafter
mentioned), at the rate of ___ per annum, at said office or agency in like coin
or currency, from the date hereof until this bond shall mature, according to its
terms or on prior redemption or by declaration or otherwise, and at the highest
rate of interest borne by any of the bonds outstanding under the Mortgage
hereinafter mentioned from such date of maturity until this bond shall be paid
or the payment hereof shall have been duly provided for; provided, however, that
payment of interest may be made at the option of the Company by check mailed by
the Company or its affiliate to the person entitled thereto at his registered
address. If a due date for the payment of interest, principal, or the Make-Whole
Redemption Price, if applicable, falls on a day that is not a business day, then
the payment will be made on the next succeeding business day, and no interest
will accrue on the amounts payable for the period from and after the original
due date and until the next business day. The term "business day" means any day
other than a Saturday or Sunday or day on which banking institutions in the City
of New York are required or authorized to close.
13
Additional provisions of this bond are set forth on the reverse hereof and such
provisions shall for all purposes have the same effect as though fully set forth
at this place.
This bond shall not become valid or obligatory for any purpose until JPMorgan
Chase Bank, or its successor as Trustee under the Mortgage, shall have signed
the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, FLORIDA POWER CORPORATION D/B/A PROGRESS ENERGY FLORIDA,
INC. has caused this bond to be signed in its name by its President or one of
its Vice Presidents by his signature or a facsimile thereof, and its corporate
seal, or a facsimile thereof, to be affixed hereto and attested by its Secretary
or one of its Assistant Secretaries by his signature or a facsimile thereof.
Dated: November __, 2003
FLORIDA POWER CORPORATION
D/B/A PROGRESS ENERGY FLORIDA, INC.
By:______________________________________
Name:
Title:
[SEAL]
Attest:
_____________________________________
Name:
Title:
TRUSTEE'S AUTHENTICATION CERTIFICATE
This bond is one of the bonds, of the series herein designated,
described or provided for in the within-mentioned Mortgage.
JPMORGAN CHASE BANK
By:______________________________________
Name:
Title:
14
[TEXT APPEARING ON REVERSE SIDE OF BOND]
FLORIDA POWER CORPORATION
D/B/A PROGRESS ENERGY FLORIDA, INC.
FIRST MORTGAGE BOND
___% SERIES DUE 20__
DUE ________, 20__
This bond is one of an issue of bonds of the Company (herein referred to as the
bonds), not limited in principal amount except as provided in the Mortgage
hereinafter mentioned, issuable in series, which different series may mature at
different times, may bear interest at different rates, and may otherwise vary as
provided in the Mortgage hereinafter mentioned, and is one of a series known as
its First Mortgage Bonds, ___% Series due 20__ (herein referred to as the "Bonds
of this Series"), all bonds of all series issued and to be issued under and
equally and ratably secured (except insofar as any sinking or analogous fund,
established in accordance with the provisions of the Mortgage hereinafter
mentioned, may afford additional security for the bonds of any particular
series) by an Indenture dated as of January 1, 1944 (the "Original Indenture"
and herein, together with all indentures supplemental thereto including the
Forty-Third Supplemental Indenture dated as of November 1, 2003 (the
"Forty-Third Supplemental Indenture") between the Company and JPMorgan Chase
Bank, as Trustee, called the "Mortgage"), to which reference is made for the
nature and extent of the security, the rights of the holders of bonds and of the
Company in respect thereof, the rights, duties and immunities of the Trustee,
and the terms and conditions upon which the bonds are, and are to be, issued and
secured. The Mortgage contains provisions permitting the holders of not less
than seventy-five per centum (75%) in principal amount of all the bonds at the
time outstanding, determined and evidenced as provided in the Mortgage, or in
case the rights under the Mortgage of the holders of bonds of one or more, but
less than all, of the series of bonds outstanding shall be affected, the holders
of not less than seventy-five per centum (75%) in principal amount of the bonds
at the time outstanding of the series affected, determined and evidenced as
provided in the Mortgage, on behalf of the holders of all the bonds to waive any
past default under the Mortgage and its consequences except a completed default,
as defined in the Mortgage, in respect of the payment of the principal of or
interest on any bond or default arising from the creation of any lien ranking
prior to or equal with the lien of the Mortgage on any of the mortgaged and
pledged property. The Mortgage also contains provisions permitting the Company
and the Trustee, with the consent of the holders of not less than seventy-five
per centum (75%) in principal amount of all the bonds at the time outstanding,
determined and evidenced as provided in the Mortgage, or in case the rights
under the Mortgage of the holders of bonds of one or more, but less than all, of
the series of bonds outstanding shall be affected, then with the consent of the
holders of not less than seventy-five per centum (75%) in principal amount of
the bonds at the time outstanding of the series affected, determined and
evidenced as provided in the Mortgage, to execute supplemental indentures adding
any provisions to or changing in any manner or eliminating any of the provisions
of the Mortgage or modifying in any manner the rights of the holders of the
bonds and coupons; provided, however, that no such supplemental indenture shall
(i) extend the fixed maturity of any bonds, or reduce the rate or extend the
time of payment of interest thereon, or reduce the principal amount thereof,
without the express consent of the holder of each bond so affected, or (ii)
reduce the aforesaid percentage of bonds, the holders of which are required to
15
consent to any such supplemental indenture, without the consent of the holders
of all bonds then outstanding, or (iii) permit the creation of any lien ranking
prior to or equal with the lien of the Mortgage on any of the mortgaged and
pledged property, or (iv) deprive the holder of any outstanding bond of the lien
of the Mortgage on any of the mortgaged and pledged property. Any such waiver or
consent by the registered holder of this bond (unless effectively revoked as
provided in the Mortgage) shall be conclusive and binding upon such holder and
upon all future holders of this bond, irrespective of whether or not any
notation of such waiver or consent is made upon this bond. No reference herein
to the Mortgage and no provision of this bond or of the Mortgage shall alter or
impair the obligation of the Company, which is absolute and unconditional, to
pay the principal of and interest on this bond at the time and place and at the
rate and in the coin or currency herein prescribed.
THE INITIAL HOLDERS OF THE BONDS OF THIS SERIES HAVE, AND ANY SUBSEQUENT
HOLDER(S) OF THE BONDS OF THIS SERIES BY BECOMING SUCH HOLDERS SHALL BE DEEMED
TO HAVE, IRREVOCABLY CONSENTED TO THE AMENDMENT TO SECTION 3.01 OF THE ORIGINAL
INDENTURE, AS SET FORTH IN ARTICLE III OF THE FORTY-THIRD SUPPLEMENTAL
INDENTURE.
The Bonds of this Series are issuable in denominations of One Thousand Dollars
($1,000) and any integral multiple thereof and are exchangeable for a like
aggregate principal amount of Bonds of this Series of other authorized
denominations. This bond is transferable as prescribed in the Mortgage by the
registered holder hereof in person, or by his duly authorized attorney, at the
office or agency of the Company in said Borough of Manhattan, The City of New
York, upon surrender and cancellation of this bond, and upon payment, if the
Company shall require it, of the transfer charges prescribed in the Forty-Third
Supplemental Indenture hereinabove referred to, and thereupon a new fully
registered bond or bonds of authorized denominations of the same series and for
the same aggregate principal amount will be issued to the transferee in exchange
herefor as provided in the Mortgage. The Company and the Trustee, any paying
agent and any bond registrar may deem and treat the person in whose name this
bond is registered as the absolute owner hereof, whether or not this bond shall
be overdue, for the purpose of receiving payment and for all other purposes and
neither the Company nor the Trustee nor any paying agent nor any bond registrar
shall be affected by any notice to the contrary.
The Bonds of this Series may be redeemed at the option of the Company in whole
at any time, or in part from time to time, prior to maturity, at a make-whole
redemption price (the "Make-Whole Redemption Price"). The Make-Whole Redemption
Price shall be equal to the greater of (i) 100% of the principal amount of the
Bonds of this Series being redeemed or (ii) the sum of the present values of the
remaining scheduled payments of principal and interest on the Bonds of this
Series being redeemed discounted to the redemption date on a semiannual basis
(assuming a 360-day year consisting of twelve 30-day months) at the Treasury
Rate plus ___ basis points, plus in each case accrued and unpaid interest on the
principal amount thereof to the redemption date.
"Treasury Rate" means, with respect to any redemption date, (i) the yield, under
the heading which represents the average for the immediately preceding week,
appearing in the most recently published statistical release designated
"H.15(519)" or any successor publication which is published weekly by the Board
of Governors of the Federal Reserve System and which establishes yields on
actively traded U.S. Treasury securities adjusted to constant maturity under the
caption "Treasury Constant Maturities," for the maturity corresponding to the
Comparable Treasury Issue (if no maturity is within three months before or after
the remaining life (as defined below), yields for the two published maturities
most closely corresponding to the Comparable
16
Treasury Issue (if no maturity is within three months before or after the
remaining life (as defined below), yields for the two published maturities most
closely corresponding to the Comparable Treasury Issue will be determined and
the Treasury Rate will be interpolated or extrapolated from such yields on a
straight line basis, rounding to the nearest month); or (ii) if such release (or
any successor release) is not published during the week preceding the
calculation date or does not contain such yields, the rate per annum equal to
the semiannual equivalent yield to maturity of the Comparable Treasury Issue for
the Bonds of this Series, calculated using a price for the Comparable Treasury
Issue (expressed as a percentage of its principal amount) equal to the
Comparable Treasury Price for such redemption date. The Treasury Rate will be
calculated on the third business day preceding such redemption date.
"Comparable Treasury Issue" means the United States Treasury security selected
by an Independent Investment Banker having a maturity comparable to the
remaining term of the Bonds of this Series to be redeemed that would be
utilized, at the time of selection and in accordance with customary financial
practice, in pricing new issues of corporate debt securities of comparable
maturity to the remaining term of the Bonds of this Series.
"Comparable Treasury Price" means (i) the average of five Reference Treasury
Dealer Quotations for such redemption date, after excluding the highest and
lowest Reference Treasury Dealer Quotations, or (ii) if the Independent
Investment Banker obtains fewer than four such Reference Treasury Dealer
Quotations, the average of all such quotations.
"Independent Investment Banker" means either Citigroup Global Markets Inc. or
J.P. Morgan Securities Inc., as specified by the Company, or, if such firms are
unwilling or unable to select the Comparable Treasury Issue, an independent
investment banking institution of national standing appointed by the Company.
"Reference Treasury Dealer" means (i) Citigroup Global Markets Inc. and J.P.
Morgan Securities Inc. and their respective successors and (ii) any other three
Primary Treasury Dealers selected by us after consultation with the Independent
Investment Banker, provided, however, that if any of the foregoing shall cease
to be a primary U.S. government securities dealer in New York City (a "Primary
Treasury Dealer"), the Company shall substitute therefor another Primary
Treasury Dealer.
"Reference Treasury Dealer Quotations" means, with respect to each Reference
Treasury Dealer and any redemption date, the average, as determined by the
Independent Investment Banker, of the bid and asked prices for the Comparable
Treasury Issue (expressed in each case as a percentage of its principal amount)
quoted in writing to the Independent Investment Banker at 5:00 p.m., New York
City time, on the third business day preceding such redemption date.
So long as the Bonds of this Series are registered in the name of DTC, its
nominee or a successor depositary, if the Company elects to redeem less than all
of the Bonds of this Series, DTC's practice is to determine by lot the amount of
the interest of each Direct Participant of DTC in the Bonds of this Series to be
redeemed. At all other times, the Trustee shall draw by lot, in such manner as
it deems appropriate, the particular Bonds of this Series, or portions of them,
to be redeemed.
17
The Bonds of this Series shall also be redeemable, as a whole but not in part,
at the Make-Whole Redemption Price in the event that (i) all the outstanding
common stock of the Company shall be acquired by some governmental body or
instrumentality and the Company elects to redeem all of the bonds of all series,
the redemption date in any such event to be not more than one hundred twenty
(120) days after the date on which all said stock is so acquired or (ii) all or
substantially all the mortgaged and pledged property constituting bondable
property as defined in the Mortgage which at the time shall be subject to the
lien of the Mortgage as a first lien shall be released from the lien of the
Mortgage pursuant to the provisions thereof, and available moneys in the hands
of JPMorgan Chase Bank or its successor as Trustee, including any moneys
deposited by the Company available for the purpose, are sufficient to redeem all
the bonds of all series at the redemption prices (together with accrued interest
to the date of redemption) specified therein applicable to the redemption
thereof upon the happening of such event.
Notice of redemption shall be given by mail not less than 30 nor more than 90
days prior to the date fixed for redemption to the holders of the Bonds of this
Series to be redeemed (which, as long as the Bonds of this Series are held in
the book-entry only system, will be the Depository, its nominee or a successor
depository). On and after the date fixed for redemption (unless the Company
defaults in the payment of the Make-Whole Redemption Price and interest accrued
thereon to such date), interest on the Bonds of this Series or the portions of
them so called for redemption shall cease to accrue. If the Company elects to
redeem any Bonds of this Series, the Company will notify the Trustee of its
election at least 45 days prior to the redemption date (or a shorter period
acceptable to the Trustee) including in such notice, a reasonably detailed
computation of the Make-Whole Redemption Price.
The Mortgage provides that if the Company shall deposit with JPMorgan Chase Bank
or its successor as Trustee in trust for the purpose funds sufficient to pay the
principal of all the bonds of any series, or such of the bonds of any series as
have been or are to be called for redemption (including any portions,
constituting $1,000 or an integral multiple thereof, of fully registered bonds),
and premium, if any, thereon, and all interest payable on such bonds (or
portions) to the date on which they become due and payable at maturity or upon
redemption or otherwise, and complies with the other provisions of the Mortgage
in respect thereof, then from the date of such deposit such bonds (or portions)
shall no longer be secured by the lien of the Mortgage.
The Mortgage provides that, upon any partial redemption of a fully registered
bond, upon surrender thereof endorsed for transfer, new bonds of the same series
and of authorized denominations in principal amount equal to the unredeemed
portion of such fully registered bond will be delivered in exchange therefor.
The principal hereof may be declared or may become due prior to the express date
of the maturity hereof on the conditions, in the manner and at the time set
forth in the Mortgage, upon the occurrence of a completed default as in the
Mortgage provided.
No recourse shall be had for the payment of the principal of, the Make-Whole
Redemption Price, if applicable, or interest on this bond, or for any claim
based hereon, or otherwise in respect hereof, or based on or in respect of the
Mortgage or under or upon any obligation, covenant or agreement contained in the
Mortgage, against any incorporator or any past, present or future subscriber to
the capital stock, stockholder, officer or director, as such, of the Company or
of any predecessor or successor corporation, either directly or through the
Company or any
18
predecessor or successor corporation under any present or future rule of law,
statute or constitution or by the enforcement of any assessment or otherwise,
all such liability of incorporators, subscribers, stockholders, officers and
directors, as such, being waived and released by the holder and owner hereof by
the acceptance of this bond and being likewise waived and released by the terms
of the Mortgage.
C. INTEREST ON THE NEW SERIES BONDS
Interest on any New Series Bond which is payable, and is punctually paid or duly
provided for, on any Interest Payment Date shall be paid to the person in whose
name that bond (or one or more predecessor bonds) is registered at the close of
business on the Regular Record Date for such interest specified in the
provisions of this Supplemental Indenture. Interest shall be computed on the
basis of a 360-day year composed of twelve 30-day months.
Any interest on any New Series Bond which is payable, but is not punctually paid
or duly provided for, on any Interest Payment Date (herein called "Defaulted
Interest") shall forthwith cease to be payable to the registered holder on the
relevant Regular Record Date solely by virtue of such holder having been such
holder; and such Defaulted Interest may be paid by the Company, at its election
in each case, as provided in Subsection A or B below:
A. The Company may elect to make payment of any
Defaulted Interest on the New Series Bonds to the persons in whose
names such bonds (or their respective predecessor bonds) are registered
at the close of business on a special record date for the payment of
such Defaulted Interest, which shall be fixed in the following manner
(a "Special Record Date"). The Company shall notify the Trustee in
writing of the amount of Defaulted Interest proposed to be paid on each
bond and the date of the proposed payment (which date shall be such as
will enable the Trustee to comply with the next sentence hereof), and
at the same time the Company shall deposit with the Trustee an amount
of money equal to the aggregate amount proposed to be paid in respect
of such Defaulted Interest or shall make arrangements satisfactory to
the Trustee for such deposit prior to the date of the proposed payment,
such money when deposited to be held in trust for the benefit of the
persons entitled to such Defaulted Interest as in this Subsection
provided and not to be deemed part of the trust estate or trust moneys.
Thereupon the Trustee shall fix a Special Record Date for the payment
of such Defaulted Interest which shall be not more than 15 nor less
than 10 days prior to the date of the proposed payment and not less
than 10 days after the receipt by the Trustee of the notice of the
proposed payment. The Trustee shall promptly notify the Company of such
Special Record Date and, in the name and at the expense of the Company,
shall cause notice of the proposed payment of such Defaulted Interest
and the Special Record Date therefor to be mailed, first-class postage
prepaid, to each holder of a bond of the New Series Bonds at the
address as it appears in the bond register not less than 10 days prior
to such Special Record Date. The Trustee may, in its discretion in the
name and at the expense of the Company, cause a similar notice to be
published at least once in a newspaper approved by the Company in each
place of payment of the New Series Bonds, but such publication shall
not be a condition precedent to the establishment of such Special
Record Date. Notice of the proposed payment of such Defaulted Interest
and the Special Record Date
19
therefor having been mailed as aforesaid, such Defaulted Interest shall
be paid to the persons in whose names the New Series Bonds (or their
respective predecessor bonds) are registered on such Special Record
Date and shall no longer be payable pursuant to the following
Subsection B.
B. The Company may make payment of any Defaulted
Interest on the New Series Bonds in any other lawful manner not
inconsistent with the requirements of any securities exchange on which
such bonds may be listed and upon such notice as may be required by
such exchange, if, after notice given by the Company to the Trustee of
the proposed payment pursuant to this Subsection, such payment shall be
deemed practicable by the Trustee.
Subject to the foregoing provisions of this Section, each New Series Bond
delivered under this Supplemental Indenture upon transfer of or in exchange for
or in lieu of any other New Series Bonds shall carry all the rights to interest
accrued and unpaid, and to accrue, which were carried by such other bond and
each such bond shall bear interest from such date, that neither gain nor loss in
interest shall result from such transfer, exchange or substitution.
ARTICLE II
ADDITIONAL COVENANTS
The Company hereby covenants as follows:
SECTION 1. That it will, prior to or simultaneously with the initial
authentication and delivery by the Trustee of the New Series Bonds under Section
4.05 of the Original Indenture, deliver to the Trustee the instruments required
by said Section.
SECTION 2. That, so long as any of the New Series Bonds shall be outstanding, it
will not declare or pay any dividends (except a dividend in its own common
stock) upon its common stock, or make any other distribution (by way of
purchase, or otherwise) to the holders thereof, except a payment or distribution
out of net income of the Company subsequent to December 31, 1943; and that it
will not permit any subsidiary of the Company to purchase any shares of common
stock of the Company.
For the purpose of this Section, net income of the Company shall be determined
by regarding as charges or credits to income, as the case may be, any and all
charges or credits to earned surplus subsequent to December 31, 1943,
representing adjustments on account of excessive or deficient accruals to income
for taxes, and operating expenses shall include all proper charges for the
maintenance and repairs of the property owned by the Company and appropriations
out of income for the retirement or depreciation of the property used in its
electric business in an amount of not less than the amount of the minimum
provision for depreciation determined as provided in clause (5) of paragraph A
of Section 1.05 of the Original Indenture.
20
ARTICLE III
RESERVATION OF AMENDMENT OF THE INDENTURE
Pursuant to the Fortieth Supplemental Indenture dated as of July 1, 2002 to the
Original Indenture, the Company reserved the right, without the consent of, or
other action by, holders of any series of bonds created on or after July 1,
2002, including the New Series Bonds created herein, to amend Section 3.01 of
the Original Indenture so as to insert the following provision as the new third
paragraph of such Section 3.01:
"Notwithstanding any other provisions of this Indenture, with respect
to compliance with any conditions precedent to the authentication and
delivery of bonds, no certificate or opinion of an accountant shall be
required to be of any person other than an officer or employee of the
Company actively engaged in accounting work, but who need not be a
certified or licensed public accountant, as to dates or periods not
covered by annual reports required to be filed by the Company, in the
case of conditions precedent which depend upon a state of facts as of a
date or dates for a period or periods different from that required to
be covered by such annual reports."
ARTICLE IV
CONSENT TO AMENDMENT
The initial holders of the New Series Bonds have irrevocably consented to the
amendment to Section 3.01 of the Original Indenture set forth in Article III
hereof, and any subsequent holder(s) of the any New Series Bonds, by accepting
such bonds, shall be deemed to have irrevocably consented to such amendments.
ARTICLE V
SUNDRY PROVISIONS
SECTION 1. This Supplemental Indenture is executed and shall be construed as an
indenture supplemental to the Original Indenture, and shall form a part thereof
and all of the provisions contained in the Original Indenture in respect to the
rights, privileges, immunities, powers and duties of the Trustee shall be
applicable in respect hereof as fully and with like effect as if set forth
herein in full.
SECTION 2. This Supplemental Indenture may be simultaneously executed in any
number of counterparts, and all of said counterparts executed and delivered,
each as an original, shall constitute but one and the same instrument.
SECTION 3. The Trustee shall not be responsible in any manner whatsoever for or
in respect of the validity or sufficiency of this Supplemental Indenture or of
the due execution hereof by the Company or for or in respect of the recitals
contained herein, all of which recitals are made by the Company solely.
21
SECTION 4. Although this Supplemental Indenture is dated for convenience and for
purposes of reference as of November 1, 2003, the actual dates of execution by
the Company and by the Trustee are as indicated by the respective
acknowledgments hereto annexed.
[Remainder of Page Intentionally Left Blank]
22
IN WITNESS WHEREOF, FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA,
INC. has caused this Supplemental Indenture to be signed in its name and behalf
by its Executive Vice President, and its corporate seal to be hereunto affixed
and attested by its Assistant Secretary, and JPMORGAN CHASE BANK has caused this
Supplemental Indenture to be signed and sealed in its name and behalf by a Vice
President, and its corporate seal to be attested by a Vice President, all as of
the day and year first above written.
FLORIDA POWER CORPORATION
d/b/a PROGRESS ENERGY FLORIDA, INC.
By: /s/ Peter M. Scott III
--------------------------------------------
Peter M. Scott III, Executive Vice President
100 Central Avenue
St. Petersburg, Florida 33701
[SEAL]
Attest:
/s/ Robert Williams
- ------------------------------------
Robert Williams, Assistant Secretary
100 Central Avenue
St. Petersburg, Florida 33701
Signed, sealed and delivered by said
FLORIDA POWER CORPORATION
d/b/a PROGRESS ENERGY FLORIDA, INC.
in the presence of:
/s/ C.G. Beuris
- ------------------------------------
C.G. Beuris
/s/ N. Manly Johnson III
- ------------------------------------
N. Manly Johnson III
[Company's Signature Page of Forty-Third Supplemental Indenture]
23
JPMORGAN CHASE BANK
By: /s/ Janice Ott Rotunno
----------------------------------
Janice Ott Rotunno, Vice President
4 New York Plaza
New York, New York 10004
[SEAL]
Attest:
/s/ J. Morand
- ------------------------------------
Name: J. Morand, Vice President
4 New York Plaza
New York, NY 10004
Signed, sealed and delivered by said
JPMORGAN CHASE BANK
in the presence of:
/s/ Gregory S. Clarke
- ------------------------------------
Gregory S. Clarke
/s/ Leonard Gnat
- ------------------------------------
Leonard Gnat
[Trustee's Signature Page of Forty-Third Supplemental Indenture]
24
STATE OF NORTH CAROLINA)
SS:
COUNTY OF WAKE )
Before me, the undersigned, a notary public in and for the State and County
aforesaid, an officer duly authorized to take acknowledgments of deeds and other
instruments, personally appeared Peter M. Scott III, Executive Vice President of
FLORIDA POWER CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a corporation,
the corporate party of the first part in and to the above written instrument,
and also personally appeared before me Robert Williams, Assistant Secretary of
the said corporation; such persons being severally personally known to me, who
did take an oath and are known by me to be the same individuals who as such
Executive Vice President and as such Assistant Secretary executed the above
written instrument on behalf of said corporation; and he, the said Executive
Vice President, acknowledged that as such Executive Vice President, he
subscribed the said corporate name to said instrument on behalf and by authority
of said corporation, and he, the said Assistant Secretary, acknowledged that he
affixed the seal of said corporation to said instrument and attested the same by
subscribing his name as Assistant Secretary of said corporation, by authority
and on behalf of said corporation, and each of the two persons above named
acknowledged that, being informed of the contents of said instrument, they, as
such Executive Vice President and Assistant Secretary, delivered said instrument
by authority and on behalf of said corporation and that all such acts were done
freely and voluntarily and for the uses and purposes in said instrument set
forth and that such instrument is the free act and deed of said corporation; and
each of said persons further acknowledged and declared that he knows the seal of
said corporation, and that the seal affixed to said instrument is the corporate
seal of the corporation aforesaid.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
this 21st day of November, 2003 at Raleigh in the State and County aforesaid.
/s/ Brenda B. Addison
--------------------------------------
[NOTARIAL SEAL]
25
STATE OF ILLINOIS )
SS:
COUNTY OF COOK )
Before me, the undersigned, a notary public in and for the State and County
aforesaid, an officer duly authorized to take acknowledgments of deeds and other
instruments, personally appeared Janice Ott Rotunno, a Vice President (the
"Executing Vice President") of JPMORGAN CHASE BANK, a New York banking
corporation, the corporate party of the second part in and to the above written
instrument, and also personally appeared before me J. Morand, a Vice President
(the "Attesting Vice President") of the said corporation; said persons being
severally personally known to me, who did take an oath and are known by me to be
the same individuals who as such Executing Vice President and as such Attesting
Vice President executed the above written instrument on behalf of said
corporation; and he, the said Executing Vice President, acknowledged that as
such Executing Vice President he subscribed the said corporate name to said
instrument and affixed the seal of said corporation to said instrument on behalf
and by authority of said corporation, and she, the said Attesting Vice
President, acknowledged that she attested the same by subscribing her name as
Vice President of said corporation, by authority and on behalf of said
corporation, and each of the two persons above named acknowledged that, being
informed of the contents of said instrument, they, as such Executing Vice
President and Attesting Vice President, delivered said instrument by authority
and on behalf of said corporation and that all such acts were done freely and
voluntarily and for the uses and purposes in said instrument set forth and that
such instrument is the free act and deed of said corporation, and each of said
persons further acknowledged and declared that he/she knows the seal of said
corporation, and that the seal affixed to said instrument is the corporate seal
of the corporation aforesaid.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
this 20th day of November, 2003, at Chicago, Illinois, in the State and County
aforesaid.
/s/ Darla R. Coulson
------------------------------------
[NOTARIAL SEAL]
26
EXHIBIT A
RECORDING INFORMATION
ORIGINAL INDENTURE DATED JANUARY 1, 1944
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 02/25/44 121 172
Bay 10/20/47 59 18
Brevard 10/30/91 3157 3297
Citrus 02/25/44 18 1
Columbia 02/25/44 42 175
Dixie 02/25/44 3 127
Flagler 10/30/91 456 288
Franklin 02/25/44 0 83
Gadsden 02/26/44 A-6 175
Gilchrist 02/25/44 5 60
Gulf 02/26/44 6 193
Hamilton 02/25/44 42 69
Hardee 02/25/44 23 1
Hernando 02/25/44 90 1
Highlands 02/25/44 48 357
Hillsborough 02/25/44 662 105
Jackson 02/26/44 370 1
Jefferson 07/02/51 25 1
Lafayette 02/25/44 22 465
Lake 02/25/44 93 1
Leon 02/25/44 41 1
Levy 02/25/44 3 160
Liberty 02/25/44 "H" 116
Madison 07/02/51 61 86
Marion 02/25/44 103 1
Orange 02/25/44 297 375
Osceola 02/25/44 20 1
Pasco 02/25/44 39 449
Pinellas 02/26/44 566 1
Polk 02/25/44 666 305
Seminole 02/25/44 65 147
Sumter 02/25/44 25 1
Suwanee 02/25/44 58 425
Taylor 07/03/51 36 1
Volusia 02/25/44 135 156
Wakulla 02/25/44 14 1
A-1
STATE OF GEORGIA
County Date of Recordation Book Page
------ ------------------- ---- ----
Cook 02/25/44 24 1
Echols 02/25/44 A-1 300
Lowndes 02/25/44 5-0 1
A-2
SUPPLEMENTAL INDENTURE (FIRST) DATED JULY 1, 1946
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 11/12/46 166 1
Bay 10/20/47 59 1
Brevard 10/30/91 3157 3590
Citrus 11/12/46 17 362
Columbia 11/12/46 49 283
Dixie 11/14/46 3 357
Flagler 10/30/91 456 579
Franklin 11/13/46 "P" 80
Gadsden 11/13/46 A-9 148
Gilchrist 11/14/46 7 120
Gulf 11/13/46 10 313
Hamilton 11/12/46 40 371
Hardee 11/12/46 24 575
Hernando 11/14/46 99 201
Highlands 11/12/46 55 303
Hillsborough 11/06/46 95 375
Jackson 11/13/46 399 1
Jefferson 07/02/51 25 287
Lafayette 11/14/46 23 156
Lake 11/13/46 107 209
Leon 11/13/46 55 481
Levy 11/14/46 4 133
Liberty 11/13/46 "H" 420
Madison 07/02/51 61 373
Marion 11/12/46 110 1
Orange 11/12/46 338 379
Osceola 11/12/46 20 164
Pasco 11/14/46 44 169
Pinellas 11/06/46 632 161
Polk 11/12/46 744 511
Seminole 11/13/46 74 431
Sumter 11/13/46 25 467
Suwanee 11/12/46 63 316
Taylor 07/03/51 36 145
Volusia 11/13/46 158 203
Wakulla 11/13/36 14 299
A-3
SUPPLEMENTAL INDENTURE (SECOND) DATED NOVEMBER 1, 1948
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 01/08/49 196 287
Bay 01/10/49 64 395
Brevard 10/30/91 3157 3607
Citrus 01/13/49 18 414
Columbia 01/08/49 55 493
Dixie 01/10/49 4 201
Flagler 10/30/91 456 601
Franklin 01/10/49 "Q" 1
Gadsden 01/10/49 A-13 157
Gilchrist 01/08/49 6 274
Gulf 01/10/49 13 74
Hamilton 01/10/49 44 1
Hardee 01/08/49 28 110
Hernando 01/08/49 109 448
Highlands 01/08/49 61 398
Hillsborough 01/13/49 810 452
Jackson 01/10/49 400 563
Jefferson 07/02/51 25 320
Lafayette 01/10/49 25 210
Lake 01/08/49 119 555
Leon 01/10/49 82 303
Levy 01/08/49 5 242
Liberty 01/08/49 "H" 587
Madison 07/02/51 61 407
Marion 01/11/49 122 172
Orange 01/08/49 388 604
Osceola 01/08/49 25 104
Pasco 01/08/49 47 549
Pinellas 01/05/49 716 11
Polk 01/07/49 807 411
Seminole 01/06/49 84 389
Sumter 01/08/49 28 41
Suwanee 01/08/49 69 150
Taylor 07/03/51 36 162
Volusia 01/06/49 192 167
Wakulla 01/10/49 16 1
A-4
SUPPLEMENTAL INDENTURE (THIRD) DATED JULY 1, 1951
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 08/02/51 234 340
Bay 08/03/51 93 155
Brevard 10/30/91 3157 3630
Citrus 07/30/51 20 251
Columbia 08/02/51 66 503
Dixie 08/02/51 5 271
Flagler 10/30/91 456 624
Franklin 08/03/51 "Q" 522
Gadsden 08/03/51 A-19 271
Gilchrist 08/02/51 7 422
Gulf 08/03/51 16 59
Hamilton 08/03/51 51 347
Hardee 08/02/51 32 1
Hernando 08/02/51 118 537
Highlands 08/02/51 69 344
Hillsborough 08/02/51 927 174
Jefferson 08/03/51 25 359
Lafayette 08/03/51 27 305
Lake 07/31/51 139 323
Leon 08/02/51 113 465
Levy 08/02/51 7 211
Liberty 07/25/51 1 232
Madison 08/07/51 62 1
Marion 08/02/51 142 143
Orange 08/07/51 460 60
Osceola 08/02/51 31 385
Pasco 08/10/51 56 1
Pinellas 08/02/51 847 301
Polk 08/01/51 899 539
Seminole 08/07/51 100 403
Sumter 08/02/51 32 345
Suwanee 08/02/51 76 413
Taylor 08/07/51 36 182
Volusia 08/07/51 245 393
Wakulla 08/03/51 17 259
A-5
STATE OF GEORGIA
County Date of Recordation Book Page
- ------ ------------------- ---- ----
Cook 08/08/51 35 566
Echols 08/02/51 A-3 521
Lowndes 08/04/51 7-E 188
A-6
FOURTH SUPPLEMENTAL INDENTURE NOVEMBER 1, 1952
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 12/31/52 256 288
Bay 01/01/53 104 571
Brevard 10/30/91 3157 3663
Citrus 12/31/52 22 321
Columbia 12/31/52 72 521
Dixie 12/31/52 6 135
Flagler 10/31/91 456 657
Franklin 12/31/52 R 477
Gadsden 12/31/52 A-22 511
Gilchrist 12/31/52 9 124
Gulf 01/02/53 17 7
Hamilton 12/31/52 54 293
Hardee 12/31/52 33 433
Hernando 12/31/52 125 361
Highlands 01/02/53 74 131
Hillsborough 12/29/52 993 545
Jefferson 12/31/52 27 1
Lafayette 12/31/52 28 445
Lake 01/02/53 150 343
Leon 12/31/52 130 1
Levy 12/31/52 8 362
Liberty 01/09/53 1 462
Madison 01/02/53 65 134
Marion 01/02/53 153 434
Orange 12/31/52 505 358
Osceola 12/31/52 36 145
Pasco 01/02/53 61 563
Pinellas 12/29/52 926 561
Polk 01/12/53 974 177
Seminole 01/02/53 111 41
Sumter 12/31/52 35 441
Suwanee 01/02/53 82 27
Taylor 12/31/52 37 325
Volusia 01/10/53 278 107
Wakulla 01/02/53 18 383
A-7
STATE OF GEORGIA
County Date of Recordation Book Page
- ------ ------------------- ---- ----
Cook 01/01/53 39 95
Echols 01/01/53 A-4 110
Lowndes 12/31/52 7-0 540
A-8
FIFTH SUPPLEMENTAL INDENTURE NOVEMBER 1, 1953
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 12/29/53 271 24
Bay 01/01/54 115 505
Brevard 10/30/91 3157 3690
Citrus 12/28/53 2 73
Columbia 12/28/53 7 3
Dixie 12/23/53 6 466
Flagler 10/30/91 456 684
Franklin 12/28/53 1 447
Gadsden 12/24/53 A-26 251
Gilchrist 12/23/53 9 317
Gulf 12/28/53 11 229
Hamilton 12/28/53 58 220
Hardee 12/23/53 35 518
Hernando 12/23/53 130 409
Highlands 12/29/53 78 1
Hillsborough 01/04/54 1050 229
Jefferson 12/29/53 28 91
Lafayette 12/24/53 30 16
Lake 12/23/53 160 189
Leon 12/23/53 144 268
Levy 12/23/53 9 368
Liberty 01/06/54 J 40
Madison 12/26/53 67 381
Marion 12/28/53 168 179
Orange 12/24/53 541 253
Osceola 12/24/53 39 42
Pasco 12/23/53 67 1
Pinellas 12/22/53 988 333
Polk 01/05/54 1021 473
Seminole 12/29/53 118 535
Sumter 12/28/53 37 466
Suwanee 12/28/53 85 346
Taylor 12/24/53 43 225
Volusia 12/24/53 303 454
Wakulla 12/30/53 19 380
A-9
STATE OF GEORGIA
County Date of Recordation Book Page
- ------ ------------------- ---- ----
Cook 01/15/54 39 437
Echols 01/15/54 A-4 418
Lowndes 12/29/53 7-X 235
A-10
SIXTH SUPPLEMENTAL INDENTURE DATED JULY 1, 1954
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 11/19/54 286 129
Bay 11/22/54 125 502
Brevard 10/30/91 3157 3719
Citrus 11/19/54 9 525
Columbia 11/20/54 17 479
Dixie 11/19/54 7 299
Flagler 10/30/91 456 713
Franklin 11/19/54 5 465
Gadsden 11/20/54 A-29 411
Gilchrist 11/19/54 9 530
Gulf 11/22/54 19 284
Hamilton 11/22/54 59 425
Hardee 11/19/54 37 307
Hernando 11/19/54 7 335
Highlands 11/19/54 82 403
Hillsborough 11/26/54 1116 164
Jefferson 11/19/54 29 17
Lafayette 11/19/54 31 138
Lake 11/19/54 170 225
Leon 11/19/54 159 209
Levy 11/19/54 10 523
Liberty 11/30/54 "J" 215
Madison 11/20/54 69 483
Marion 11/20/54 181 573
Orange 11/23/54 578 123
Osceola 11/20/54 42 216
Pasco 11/22/54 15 568
Pinellas 11/18/54 1046 507
Polk 11/23/54 1068 22
Seminole 11/19/54 28 374
Sumter 11/30/54 40 81
Suwanee 11/23/54 89 1
Taylor 11/20/54 45 377
Volusia 11/23/54 327 538
Wakulla 11/19/54 20 445
A-11
STATE OF GEORGIA
County Date of Recordation Book Page
- ------ ------------------- ---- ----
Cook 11/20/54 55 385
Echols 11/20/54 5 86
Lowndes 11/20/54 3 387
A-12
SEVENTH SUPPLEMENTAL INDENTURE DATED JULY 1, 1956
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 07/27/56 320 309
Bay 07/27/56 145 395
Brevard 10/30/91 3157 3746
Citrus 07/25/56 28 403
Columbia 07/26/56 38 279
Dixie 07/30/56 9 1
Flagler 10/30/91 456 740
Franklin 07/27/56 16 392
Gadsden 07/26/56 A-36 100
Gilchrist 07/31/56 11 289
Gulf 08/02/56 23 475
Hamilton 07/27/56 11 79
Hardee 07/31/56 43 1
Hernando 07/26/56 21 88
Highlands 07/31/56 11 571
Hillsborough 08/06/56 1260 125
Jefferson 07/25/56 30 295
Lafayette 07/25/56 33 117
Lake 07/26/56 189 613
Leon 07/25/56 190 301
Levy 07/30/56 14 13
Liberty 07/31/56 "J" 531
Madison 07/26/56 74 12
Marion 07/26/56 208 223
Orange 07/27/56 126 165
Osceola 07/26/56 49 1
Pasco 08/02/56 51 353
Pinellas 07/24/56 1168 481
Polk 08/20/56 1180 30
Seminole 07/27/56 90 5
Sumter 08/02/56 43 523
Suwanee 07/26/56 96 67
Taylor 07/25/56 52 451
Volusia 07/26/56 384 195
Wakulla 07/25/56 22 281
A-13
STATE OF GEORGIA
County Date of Recordation Book Page
- ------ ------------------- ---- ----
Cook 07/26/56 48 36
Echols 07/26/56 5 401
Lowndes 07/25/56 22 419
A-14
EIGHTH SUPPLEMENTAL INDENTURE DATED JULY 1, 1958
STATE OF FLORIDA
County Date of Recordation Book Page
------ ------------------- ---- ----
Alachua 07/23/58 20 227
Bay 08/05/58 170 295
Brevard 10/30/91 3157 3785
Citrus 07/24/58 55 336
Columbia 07/23/58 66 365
Dixie 07/22/58 11 166
Flagler 10/30/91 456 779
Franklin 07/22/58 29 248
Gadsden 07/23/58 9 48
Gilchrist 07/22/58 12 341
Gulf 07/24/58 29 40
Hamilton 07/22/58 23 1
Hardee 07/22/58 49 451
Hernando 07/25/58 39 358
Highlands 07/29/58 50 514
Hillsborough 07/29/58 111 108
Jefferson 07/23/58 33 19
Lafayette 07/23/58 35 120
Lake 07/31/58 56 297
Leon 07/23/58 216 129
Levy 07/22/58 18 63
Liberty 07/24/58 "K" 413
Madison 07/23/58 78 310
Marion 07/29/58 237 447
Orange 07/23/58 403 300
Osceola 07/23/58 26 462
Pasco 07/25/58 96 455
Pinellas 07/24/58 381 683
Polk 07/24/58 165 452
Seminole 07/23/58 178 26
Sumter 08/01/58 5 66
Suwanee 07/23/58 102 360
Taylor 07/22/58 4 254
Volusia 07/23/58 129 244
Wakulla 07/25/58 24 375
A-15
NINTH SUPPLEMENTAL INDENTURE DATED OCTOBER 1, 1960
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 11/23/60 119 158
Bay 11/25/60 28 411
Brevard 10/30/91 3157 3822
Citrus 12/01/60 93 370
Columbia 11/17/60 105 133
Dixie 11/16/60 13 331
Flagler 10/30/91 456 816
Franklin 11/17/60 49 375
Gadsden 11/17/60 29 655
Gilchrist 11/16/60 1 473
Gulf 11/21/60 5 409
Hamilton 11/18/60 37 171
Hardee 11/17/60 60 76
Hernando 11/16/60 65 688
Highlands 11/18/60 108 421
Hillsborough 11/23/60 629 675
Jefferson 11/18/60 8 290
Lafayette 11/16/60 38 185
Lake 11/21/60 141 619
Leon 11/23/60 254 479
Levy 11/16/60 23 537
Liberty 11/17/60 "M" 525
Madison 11/22/60 11 153
Marion 11/18/60 54 420
Orange 11/22/60 817 569
Osceola 11/16/60 68 410
Pasco 11/21/60 158 530
Pinellas 11/16/60 1036 239
Polk 11/18/60 440 179
Seminole 11/21/60 332 203
Sumter 11/30/60 25 318
Suwanee 11/17/60 111 282
Taylor 11/18/60 21 626
Volusia 11/21/60 330 281
Wakulla 11/21/60 28 185
A-16
TENTH SUPPLEMENTAL INDENTURE DATED MAY 1, 1962
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 06/07/62 188 123
Bay 06/15/62 70 173
Brevard 10/30/91 3157 3858
Citrus 06/08/62 120 221
Columbia 06/05/62 130 187
Dixie 06/05/62 15 36
Flagler 10/30/91 456 852
Franklin 06/06/62 58 333
Gadsden 06/05/62 45 493
Gilchrist 06/05/62 7 261
Gulf 06/06/62 14 147
Hamilton 06/05/62 46 407
Hardee 06/05/62 16 449
Hernando 06/05/62 82 326
Highlands 06/11/62 148 617
Hillsborough 06/11/62 949 738
Jefferson 06/05/62 13 606
Lafayette 06/08/62 39 385
Lake 06/06/62 204 1
Leon 06/11/62 48 49
Levy 06/05/62 27 574
Liberty 06/06/62 0 214
Madison 06/05/62 20 76
Marion 06/15/62 112 412
Orange 06/06/62 1060 464
Osceola 06/05/62 90 389
Pasco 06/08/62 202 457
Pinellas 06/01/62 1438 571
Polk 06/14/62 605 696
Seminole 06/13/62 408 102
Sumter 06/13/62 40 85
Suwanee 06/05/62 116 273
Taylor 06/05/62 34 330
Volusia 06/20/62 456 46
Wakulla 06/11/62 31 349
A-17
ELEVENTH SUPPLEMENTAL INDENTURE DATED APRIL 1, 1965
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 05/21/65 324 610
Bay 05/28/65 158 231
Brevard 10/30/91 3157 3894
Citrus 05/13/65 179 485
Columbia 05/17/65 184 314
Dixie 05/13/65 6 485
Flagler 10/30/91 456 888
Franklin 05/19/65 72 497
Gadsden 05/18/65 73 410
Gilchrist 05/13/65 17 11
Gulf 05/18/65 24 717
Hamilton 05/13/65 63 327
Hardee 05/13/65 47 377
Hernando 05/13/65 112 236
Highlands 05/21/65 232 421
Hillsborough 05/12/65 1448 57
Jefferson 05/14/65 23 198
Lafayette 05/13/65 1 687
Lake 05/19/65 287 74
Leon 05/21/65 178 48
Levy 05/21/65 34 519
Liberty 05/14/65 6 1
Madison 05/14/65 34 399
Marion 05/24/65 228 528
Orange 05/25/65 1445 830
Osceola 05/18/65 132 351
Pasco 05/13/65 291 437
Pinellas 05/12/65 2154 77
Polk 05/17/65 929 371
Seminole 05/19/65 535 241
Sumter 05/14/65 68 83
Suwanee 05/17/65 24 673
Taylor 05/17/65 56 129
Volusia 05/19/65 708 531
Wakulla 05/17/65 8 6
A-18
TWELFTH SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1965
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/10/65 355 229
Bay 12/20/65 174 619
Brevard 10/30/91 3157 3931
Citrus 12/22/65 192 309
Columbia 12/10/65 194 338
Dixie 12/10/65 9 42
Flagler 10/30/91 456 925
Franklin 12/13/65 76 249
Gadsden 12/10/65 78 606
Gilchrist 12/10/65 19 447
Gulf 12/10/65 26 692
Hamilton 12/10/65 66 303
Hardee 12/10/65 53 426
Hernando 12/13/65 118 441
Highlands 12/20/65 248 20
Hillsborough 12/17/65 1548 603
Jefferson 12/10/65 24 595
Lafayette 12/10/65 2 671
Lake 12/20/65 301 528
Leon 12/20/65 205 170
Levy 12/20/65 36 184
Liberty 12/10/65 6 477
Madison 12/11/65 36 806
Marion 12/27/65 254 153
Orange 12/10/65 1499 785
Osceola 12/10/65 140 445
Pasco 12/13/65 312 19
Pinellas 12/09/65 2283 186
Polk 12/20/65 984 641
Seminole 12/22/65 559 591
Sumter 12/14/65 73 283
Suwanee 12/14/65 30 218
Taylor 12/10/65 59 361
Volusia 12/10/65 755 174
Wakulla 12/20/65 9 390
A-19
THIRTEENTH SUPPLEMENTAL INDENTURE DATED AUGUST 1, 1967
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 08/22/67 458 347
Bay 08/28/67 223 457
Brevard 10/30/91 3157 3964
Citrus 08/28/67 218 756
Columbia 08/22/67 225 304
Dixie 08/22/67 15 367
Flagler 10/30/91 456 962
Franklin 08/28/67 83 556
Gadsden 08/23/67 96 29
Gilchrist 08/22/67 25 131
Gulf 08/22/67 33 618
Hamilton 08/23/67 76 465
Hardee 08/22/67 71 366
Hernando 08/28/67 137 646
Highlands 08/30/67 288 585
Hillsborough 08/28/67 1795 635
Jefferson 08/23/67 30 662
Lafayette 08/22/67 5 694
Lake 08/25/67 342 196
Leon 08/30/67 280 594
Levy 08/28/67 41 262
Liberty 08/23/67 10 90
Madison 08/23/67 44 606
Marion 09/01/67 324 444
Orange 08/24/67 1660 421
Osceola 08/22/67 164 335
Pasco 08/28/67 370 728
Pinellas 08/21/67 2659 498
Polk 09/06/67 1108 900
Seminole 08/31/67 628 506
Sumter 09/06/67 87 602
Suwanee 08/23/67 47 228
Taylor 08/24/67 67 782
Volusia 08/24/67 964 254
Wakulla 08/31/67 14 755
A-20
FOURTEENTH SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1968
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/06/68 543 198
Bay 12/18/68 262 487
Brevard 10/30/91 3157 3984
Citrus 12/09/68 239 487
Columbia 12/09/68 242 397
Dixie 12/09/68 20 109
Flagler 10/30/91 456 983
Franklin 12/06/68 88 538
Gadsden 12/12/68 110 7
Gilchrist 12/06/68 29 281
Gulf 12/09/68 38 359
Hamilton 12/06/68 82 245
Hardee 12/06/68 83 221
Hernando 12/09/68 164 395
Highlands 12/11/68 319 390
Hillsborough 12/19/68 1977 890
Jefferson 12/09/68 35 32
Lafayette 12/06/68 9 170
Lake 12/06/68 371 438
Leon 12/19/68 342 572
Levy 12/09/68 44 215
Liberty 12/09/68 12 41
Madison 12/09/68 49 627
Marion 12/20/68 375 12
Orange 12/06/68 1785 837
Osceola 12/06/68 183 688
Pasco 12/06/68 423 607
Pinellas 12/06/68 2964 580
Polk 12/10/68 1193 854
Seminole 12/18/68 695 638
Sumter 01/02/69 98 509
Suwanee 12/06/68 60 50
Taylor 12/09/68 73 494
Volusia 12/09/68 1060 466
Wakulla 12/19/68 18 593
A-21
FIFTEENTH SUPPLEMENTAL INDENTURE DATED AUGUST 1, 1969
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 08/26/69 592 206
Bay 09/03/69 283 513
Brevard 10/30/91 3157 4002
Citrus 08/26/69 251 437
Columbia 09/05/69 251 586
Dixie 08/26/69 21 705
Flagler 10/30/91 456 1001
Franklin 08/26/69 92 363
Gadsden 08/26/69 116 723
Gilchrist 09/04/69 31 539
Gulf 08/26/69 41 23
Hamilton 08/26/69 85 292
Hardee 08/26/69 91 19
Hernando 09/03/69 191 745
Highlands 09/05/69 339 90
Hillsborough 09/03/69 2073 501
Jefferson 08/26/69 37 193
Lafayette 08/26/69 12 235
Lake 09/11/69 389 148
Leon 09/05/69 377 548
Levy 08/26/69 6 348
Liberty 08/29/69 12 680
Madison 08/26/69 52 263
Marion 09/08/69 399 668
Orange 08/27/69 1867 156
Osceola 09/03/69 192 726
Pasco 08/26/69 459 315
Pinellas 08/26/69 3149 131
Polk 09/04/69 1241 971
Seminole 09/05/69 740 500
Sumter 09/05/69 104 504
Suwanee 08/26/69 66 489
Taylor 08/26/69 77 44
Volusia 08/26/69 1123 577
Wakulla 09/05/69 21 231
A-22
SIXTEENTH SUPPLEMENTAL INDENTURE DATED FEBRUARY 1, 1970
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 03/13/70 625 297
Bay 03/23/70 298 539
Brevard 10/30/91 3157 4019
Citrus 03/16/70 261 729
Columbia 03/13/70 257 622
Dixie 03/13/70 23 107
Flagler 10/30/91 456 1019
Franklin 03/13/70 94 507
Gadsden 03/13/70 121 571
Gilchrist 03/20/70 33 449
Gulf 03/16/70 43 244
Hamilton 03/14/70 87 291
Hardee 03/16/70 97 225
Hernando 03/20/70 212 536
Highlands 03/20/70 352 25
Hillsborough 03/20/70 2146 824
Jefferson 03/13/70 38 643
Lafayette 03/16/70 14 42
Lake 03/13/70 400 545
Leon 04/02/70 406 203
Levy 03/20/70 11 150
Liberty 03/13/70 13 494
Madison 03/13/70 54 152
Marion 03/20/70 419 113
Orange 03/20/70 1927 853
Osceola 03/13/70 199 282
Pasco 03/13/70 487 207
Pinellas 03/23/70 3294 582
Polk 03/27/70 1278 4
Seminole 03/20/70 771 384
Sumter 03/27/70 109 1
Suwanee 03/13/70 71 61
Taylor 03/16/70 79 282
Volusia 03/13/70 1183 353
Wakulla 03/24/70 23 36
A-23
SEVENTEENTH SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1970
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/15/70 678 70
01/08/71 682 405B
Bay 01/11/71 321 565
Brevard 10/30/91 3157 4030
Citrus 01/07/71 277 324
Columbia 12/16/70 266 25
01/07/71 266 351
Dixie 01/07/71 25 246
Flagler 10/30/91 456 1030
Franklin 12/15/70 98 171
01/18/71 98 472
Gadsden 01/07/71 128 705
Gilchrist 01/13/71 36 5
Gulf 12/16/70 46 132
Hamilton 12/16/70 90 201
01/08/71 90 325
Hardee 12/16/70 106 109
01/07/71 107 15
Hernando 12/16/70 246 299
01/13/71 252 715
Highlands 01/11/71 372 79
Hillsborough 01/11/71 2261 308
Jefferson 12/16/70 41 467
Lafayette 01/06/71 16 144
Lake 01/12/71 421 742
Leon 01/14/71 449 244
Levy 01/11/71 18 65
Liberty 12/16/70 14 535
Madison 01/07/71 56 911
Marion 01/11/71 449 33
Orange 01/11/71 2021 24
Osceola 01/29/71 212 353
Pasco 01/08/71 524 86
Pinellas 01/14/71 3467 449
Polk 01/14/71 1331 880
Seminole 01/11/71 819 223
Sumter 01/11/71 115 308
Suwanee 12/17/70 77 82
Taylor 12/17/70 83 53
Volusia 01/11/71 1257 142
Wakulla 01/12/71 26 175
A-24
EIGHTEENTH SUPPLEMENTAL INDENTURE DATED OCTOBER 1, 1971
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 11/17/71 755 116
Bay 11/09/71 351 33
Brevard 10/30/91 3157 4062
Citrus 11/16/71 296 490
Columbia 11/15/71 278 597
Dixie 11/09/71 31 23
Flagler 10/30/91 456 1062
Franklin 11/09/71 103 278
Gadsden 11/10/71 138 360
Gilchrist 11/16/71 39 92
Gulf 11/11/71 49 107
Hamilton 11/09/71 93 538
Hardee 11/09/71 119 63
Hernando 11/17/71 280 1
Highlands 11/16/71 393 578
Hillsborough 11/17/71 2393 263
Jefferson 11/11/71 45 135
Lafayette 11/09/71 19 91
Lake 11/16/71 447 834
Leon 11/12/71 496 190
Levy 11/16/71 26 748
Liberty 11/10/71 16 108
Madison 11/11/71 61 220
Marion 11/16/71 487 239
Orange 11/18/71 2144 179
Osceola 11/10/71 229 360
Pasco 11/12/71 569 344
Pinellas 11/09/71 3659 630
Polk 11/16/71 1400 1
Seminole 11/16/71 892 460
Sumter 11/09/71 123 457
Suwanee 11/12/71 86 28
Taylor 11/09/71 87 706
Volusia 11/09/71 1352 118
Wakulla 11/16/71 30 218
A-25
NINETEENTH SUPPLEMENTAL INDENTURE DATED JUNE 1, 1971
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 07/31/72 797 81
Bay 07/31/72 378 483
Brevard 10/30/91 3157 4079
Citrus 08/01/72 314 557
Columbia 07/31/72 290 418
Dixie 07/31/72 35 44
Flagler 10/30/91 456 1079
Franklin 07/31/72 107 442
Gadsden 07/31/72 147 296
Gilchrist 07/31/72 41 148
Gulf 07/31/72 51 371
Hamilton 07/31/72 96 573
Hardee 07/31/72 130 35
Hernando 07/31/72 295 702
Highlands 07/31/72 409 578
Hillsborough 07/31/72 2518 15
Jefferson 07/31/72 48 389
Lafayette 08/04/72 22 70
Lake 08/02/72 474 134
Leon 08/02/72 537 763
Levy 08/02/72 35 5
Liberty 08/03/72 17 319
Madison 08/03/72 65 120
Marion 08/02/72 521 427
Orange 08/03/72 2259 950
Osceola 08/02/72 245 626
Pasco 08/03/72 619 487
Pinellas 08/02/72 3846 454
Polk 08/02/72 1467 276
Seminole 08/03/72 948 1035
Sumter 08/02/72 131 348
Suwanee 08/02/72 93 785
Taylor 08/03/72 92 198
Volusia 08/02/72 1456 420
Wakulla 08/03/72 33 147
A-26
TWENTIETH SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1972
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 01/22/73 818 709
Bay 01/22/73 400 226
Brevard 10/30/91 3157 4096
Citrus 01/22/73d 328 152
Columbia 01/22/73 298 244
Dixie 01/22/73 38 92
Flagler 10/30/91 456 1096
Franklin 01/22/73 110 446
Gadsden 01/22/73 154 117
Gilchrist 01/22/73 42 685
Gulf 01/22/73 52 813
Hamilton 01/22/73 99 270
Hardee 01/22/73 138 88
Herdando 01/22/73 306 325
Highlands 01/22/73 422 5
Hillsborough 01/22/73 2612 659
Jefferson 01/23/73 50 632
Lafayette 01/22/73 23 338
Lake 01/22/73 492 696
Leon 01/25/73 567 238
Levy 01/22/73 40 755
Liberty 01/23/73 18 51
Madison 01/23/73 67 413
Marion 01/22/73 546 125
Orange 01/22/73 2345 569
Osceola 01/24/73 256 564
Pasco 01/22/73 654 281
Pinellas 01/23/73 3980 788
Polk 01/24/73 1514 854
Seminole 01/22/73 136 696
Sumter 01/22/73 136 696
Suwanee 01/22/73 98 583
Taylor 01/22/73 95 99
Volusia 01/22/73 1533 327
Wakulla 01/26/73 35 266
A-27
TWENTY-FIRST SUPPLEMENTAL INDENTURE DATED JUNE 1, 1973
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 08/30/73 850 668
Bay 08/30/73 431 401
Brevard 10/30/91 3157 4126
Citrus 08/31/73 349 609
Columbia 08/30/73 309 245
Dixie 08/30/73 41 473
Flagler 10/30/91 456 1126
Franklin 08/31/73 115 120
Gadsden 08/31/73 164 90
Gilchrist 08/31/73 45 387
Gulf 09/04/73 54 736
Hamilton 09/04/73 104 250
Hardee 08/31/73 149 295
Herdando 08/31/73 321 479
Highlands 08/31/73 442 961
Hillsborough 08/31/73 2740 278
Jefferson 08/31/73 54 591
Lafayette 09/07/73 26 73
Lake 08/31/73 520 70
Leon 09/06/73 609 543
Levy 09/05/73 50 741
Liberty 08/31/73 19 111
Madison 08/31/73 71 22
Marion 09/04/73 585 491
Orange 09/07/73 2448 1009
Osceola 09/06/73 272 204
Pasco 09/04/73 707 613
Pinellas 08/31/73 4073 767
Polk 08/31/73 1550 1341
Seminole 09/04/73 993 0048
Sumter 08/31/73 144 265
Suwanee 09/04/73 106 192
Taylor 08/31/73 99 444
Volusia 08/31/73 1647 440
Wakulla 08/31/73 38 458
A-28
TWENTY-SECOND SUPPLEMENTAL INDENTURE DATED DECEMBER 1, 1973
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 02/28/74 876 74
Bay 02/28/74 457 572
Brevard 10/30/91 3157 4155
Citrus 03/18/74 365 200
Columbia 03/01/74 319 179
Dixie 02/28/74 44 149
Flagler 10/30/91 456 1155
Franklin 03/01/74 119 14
Gadsden 03/01/74 171 264
Gilchrist 02/28/74 48 25
Gulf 03/01/74 56 427
Hamilton 03/01/74 109 89
Hardee 02/28/74 158 140
Herdando 02/28/74 333 455
Highlands 02/28/74 458 394
Hillsborough 02/28/74 2842 642
Jefferson 03/01/74 58 5
Lafayette 03/01/74 28 34
Lake 03/04/74 540 77
Leon 03/01/74 638 672
Levy 02/28/74 57 769
Liberty 03/01/74 20 54
Madison 03/01/74 73 545
Marion 02/28/74 617 19
Orange 02/28/74 2504 1707
Osceola 03/01/74 284 344
Pasco 03/01/74 739 1360
Pinellas 02/28/74 4141 1397
Polk 02/28/74 1578 1983
Seminole 03/04/74 1010 1601
Sumter 03/01/74 150 278
Suwanee 03/04/74 111 766
Taylor 03/04/74 102 694
Volusia 03/04/74 1712 645
Wakulla 03/05/74 40 626
A-29
TWENTY-THIRD SUPPLEMENTAL INDENTURE DATED OCTOBER 1, 1976
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 11/29/76 1035 716
Bay 11/29/76 600 687
Brevard 10/30/91 3157 4184
Citrus 12/08/76 448 668
Columbia 12/03/76 370 898
Dixie 11/29/76 56 160
Flagler 10/30/91 456 1184
Franklin 11/29/76 136 420
Gadsden 12/06/76 219 533
Gilchrist 11/30/76 62 464
Gulf 11/30/76 68 753
Hamilton 11/30/76 131 855
Hardee 11/29/76 212 10
Herdando 12/03/76 397 623
Highlands 11/29/76 535 951
Hillsborough 11/29/76 3181 1281
Jefferson 11/29/76 75 198
Lafayette 11/29/76 36 422
Lake 12/06/76 620 66
Leon 11/30/76 823 723
Levy 11/29/76 98 32
Liberty 11/29/76 25 104
Madison 12/06/76 89 124
Marion 12/08/76 779 258
Orange 12/06/76 2745 889
Osceola 11/30/76 345 524
Pasco 12/03/76 867 1165
Pinellas 12/03/76 4484 1651
Polk 11/29/76 1720 2000
Seminole 12/06/76 1105 1137
Sumter 11/30/76 181 97
Suwanee 11/29/76 146 437
Taylor 11/30/76 123 111
Volusia 12/06/76 1872 1438
Wakulla 12/07/76 53 837
A-30
TWENTY-FOURTH SUPPLEMENTAL INDENTURE DATED APRIL 1, 1979
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 06/11/79 1212 956
Bay 06/12/79 734 343
Brevard 10/30/91 3157 4212
Citrus 06/12/79 538 1687
Columbia 06/14/79 429 139
Dixie 06/12/79 68 122
Flagler 10/30/91 456 1212
Franklin 06/13/79 159 186
Gadsden 06/13/79 259 396
Gilchrist 06/12/79 77 260
Gulf 06/14/79 78 174
Hamilton 06/12/79 142 859
Hardee 06/12/79 245 558
Herdando 06/12/79 443 17
Highlands 06/13/79 620 77
Hillsborough 06/12/79 3523 1162
Jefferson 06/13/79 93 685
Lafayette 06/13/79 44 496
Lake 06/12/79 678 266
Leon 06/15/79 931 526
Levy 06/12/79 141 163
Liberty 06/13/79 30 394
Madison 06/13/79 108 655
Marion 06/13/79 976 451
Orange 06/13/79 3018 812
Osceola 06/12/79 438 115
Pasco 06/14/79 1013 126
Pinellas 06/12/79 4867 291
Polk 06/12/79 1881 2012
Seminole 06/12/79 1228 606
Sumter 06/12/79 216 642
Suwanee 06/12/79 184 514
Taylor 06/13/79 145 686
Volusia 06/12/79 2082 1430
Wakulla 06/13/79 69 884
A-31
TWENTY-FIFTH SUPPLEMENTAL INDENTURE DATED APRIL 1, 1980
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 07/25/80 1290 319
Bay 07/25/80 794 596
Brevard 10/30/91 3157 4238
Citrus 07/28/80 560 2030
Columbia 07/24/80 451 126
Dixie 07/24/80 73 220
Flagler 10/30/91 456 1238
Franklin 07/28/80 169 589
Gadsden 07/25/80 275 649
Gilchrist 07/24/80 84 551
Gulf 07/28/80 82 290
Hamilton 07/25/80 148 774
Hardee 07/25/80 257 823
Herdando 07/24/80 465 441
Highlands 07/29/80 658 523
Hillsborough 07/24/80 3684 411
Jefferson 07/25/80 101 387
Lafayette 07/24/80 47 586
Lake 07/24/80 705 977
Leon 07/25/80 966 426
Levy 07/25/80 161 478
Liberty 07/25/80 32 981
Madison 07/28/80 117 572
Marion 07/28/80 1027 1141
Orange 07/25/80 3127 1401
Osceola 07/30/80 489 198
Pasco 07/25/80 1077 1362
Pinellas 06/24/80 5038 2013
Polk 07/25/80 1956 1808
Seminole 07/28/80 1288 1105
Sumter 07/25/80 233 598
Suwanee 07/29/80 200 618
Taylor 07/28/80 156 740
Volusia 07/25/80 2185 587
Wakulla 07/28/80 76 879
A-32
TWENTY-SIXTH SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1980
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 01/27/81 1326 527
Bay 01/26/81 823 570
Brevard 10/30/91 3157 4267
Citrus 01/28/81 570 1391
Columbia 01/27/81 461 435
Dixie 01/23/81 75 785
Flagler 10/30/91 456 1267
Franklin 01/27/81 174 320
Gadsden 01/26/81 282 356
Gilchrist 01/23/81 87 484
Gulf 01/26/81 84 307
Hamilton 01/26/81 151 44
Hardee 01/27/81 264 214
Herdando 01/26/81 476 916
Highlands 01/26/81 676 12
Hillsborough 01/26/81 3760 1223
Jefferson 01/26/81 104 658
Lafayette 01/27/81 49 175
Lake 01/27/81 717 2439
Leon 01/30/81 983 1982
Levy 01/26/81 169 716
Liberty 01/26/81 33 875
Madison 01/27/81 121 535
Marion 01/26/81 1051 47
Orange 01/26/81 3167 2388
Osceola 01/28/81 512 78
Pasco 01/26/81 1108 1247
Pinellas 12/31/80 5128 1781
Polk 01/27/81 1994 436
Seminole 01/27/81 1317 775
Sumter 01/26/81 241 211
Suwanee 01/27/81 209 696
Taylor 01/26/81 161 461
Volusia 01/26/81 2236 1396
Wakulla 01/26/81 79 837
A-33
TWENTY-SEVENTH SUPPLEMENTAL INDENTURE DATED NOVEMBER 15, 1980
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 02/10/81 1328 880
Bay 02/10/81 825 667
Brevard 10/30/91 3157 4295
Citrus 02/13/81 571 1236
Columbia 02/09/81 462 275
Dixie 02/09/81 76 147
Flagler 10/30/91 456 1295
Franklin 02/11/81 174 590
Gadsden 02/11/81 283 105
Gilchrist 02/13/81 88 100
Gulf 02/17/81 84 561
Hamilton 02/11/81 151 256
Hardee 02/11/81 264 618
Herdando 02/10/81 477 904
Highlands 02/11/81 677 519
Hillsborough 02/10/81 3766 35
Jefferson 02/12/81 105 318
Lafayette 02/10/81 49 299
Lake 02/10/81 718 2428
Leon 02/18/81 985 1655
Levy 02/12/81 170 567
Liberty 02/12/81 34 94
Madison 02/11/81 122 47
Marion 02/10/81 1052 1660
Orange 02/11/81 3171 1797
Osceola 02/13/81 514 336
Pasco 02/10/81 1111 307
Pinellas 02/10/81 5147 951
Polk 02/11/81 1997 527
Seminole 02/11/81 1319 1660
Sumter 02/11/81 241 746
Suwanee 02/11/81 210 652
Taylor 02/11/81 161 793
Volusia 02/10/81 2241 333
Wakulla 02/11/81 80 188
A-34
TWENTY-EIGHTH SUPPLEMENTAL INDENTURE DATED MAY 1, 1981
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 06/08/81 1351 161
Bay 07/20/81 853 623
Brevard 10/30/91 3157 4321
Citrus 06/08/81 578 919
Columbia 06/08/81 469 507
Dixie 06/09/81 78 172
Flagler 10/30/91 456 1321
Franklin 06/10/81 178 166
Gadsden 06/08/81 286 1847
Gilchrist 06/05/81 90 526
Gulf 06/09/81 85 881
Hamilton 06/08/81 152 776
Hardee 06/05/81 267 797
Herdando 06/05/81 484 1645
Highlands 06/05/81 689 338
Hillsborough 06/05/81 3814 700
Jefferson 06/09/81 107 352
Lafayette 06/05/81 50 758
Lake 06/08/81 727 209
Leon 06/08/81 996 1780
Levy 06/08/81 176 81
Liberty 06/12/81 34 859
Madison 06/08/81 125 615
Marion 06/05/81 1068 1824
Orange 06/08/81 3199 783
Osceola 06/09/81 532 1
Pasco 06/05/81 1132 1007
Pinellas 06/05/81 5201 1902
Polk 06/12/81 2022 642
Seminole 06/08/81 1340 894
Sumter 06/05/81 246 210
Suwanee 06/05/81 217 153
Taylor 06/09/81 165 536
Volusia 06/05/81 2272 1296
Wakulla 06/08/81 82 500
A-35
TWENTY-NINTH SUPPLEMENTAL INDENTURE DATED SEPTEMBER 1, 1982
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 10/06/82 1440 284
Bay 10/08/82 912 523
Brevard 10/30/91 3157 4348
Citrus 10/07/82 604 1403
Columbia 10/06/82 498 260
Dixie 10/07/82 85 2
Flagler 10/30/91 456 1348
Franklin 10/11/82 191 239
Gadsden 10/08/82 297 266
Gilchrist 10/07/82 98 657
Gulf 10/07/82 91 125
Hamilton 10/06/82 159 396
Hardee 10/07/82 281 339
Herdando 10/06/82 510 1386
Highlands 10/08/82 733 571
Hillsborough 10/06/82 4009 985
Jefferson 10/08/82 115 766
Lafayette 10/06/82 55 163
Lake 10/08/82 759 836
Leon 10/07/82 1041 20
Levy 10/06/82 198 511
Liberty 10/07/82 38 218
Madison 10/07/82 136 685
Marion 10/06/82 1128 717
Orange 10/07/82 3316 738
Osceola 10/11/82 606 68
Pasco 10/06/82 1212 1279
Pinellas 10/07/82 5411 1407
Polk 10/07/82 2110 93
Seminole 10/06/82 1416 535
Sumter 10/06/82 263 631
Suwanee 10/06/82 238 524
Taylor 10/07/82 178 879
Volusia 10/06/82 2391 1879
Wakulla 10/07/82 91 306
A-36
THIRTIETH SUPPLEMENTAL INDENTURE DATED OCTOBER 1, 1982
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/02/82 1450 90
Bay 12/06/82 916 1538
Brevard 10/30/91 3157 4364
Citrus 12/03/82 607 1034
Columbia 12/06/82 501 729
Dixie 12/06/82 86 49
Flagler 10/30/91 456 1364
Franklin 12/07/82 192 448
Gadsden 12/06/82 298 608
Gilchrist 12/03/82 100 18
Gulf 12/07/82 91 744
Hamilton 12/06/82 160 118
Hardee 12/08/82 283 11
Herdando 12/03/82 513 992
Highlands 12/07/82 738 221
Hillsborough 12/03/82 4033 293
Jefferson 12/06/82 117 9
Lafayette 12/06/82 55 444
Lake 12/03/82 763 19
Leon 12/07/82 1047 812
Levy 12/06/82 201 136
Liberty 12/08/82 38 547
Madison 12/07/82 137 808
Marion 12/07/82 1135 1015
Orange 12/06/82 3330 2301
Osceola 12/09/82 615 721
Pasco 12/06/82 1222 1592
Pinellas 11/23/82 5434 229
Polk 12/08/82 2121 118
Seminole 12/06/82 1425 1476
Sumter 12/06/82 265 768
Suwanee 12/07/82 240 699
Taylor 12/06/82 180 189
Volusia 12/06/82 2406 460
Wakulla 12/06/82 92 272
A-37
THIRTY-FIRST SUPPLEMENTAL INDENTURE DATED NOVEMBER 1, 1991
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/05/91 1836 2215
Bay 12/04/91 1347 1335
Brevard 12/05/91 3165 1204
Citrus 12/04/91 917 725
Columbia 12/04/91 753 1847
Dixie 12/09/91 156 90
Flagler 12/04/91 458 1266
Franklin 12/04/91 364 11
Gadsden 12/04/91 386 1240
Gilchrist 12/09/91 182 573
Gulf 12/04/91 148 72
Hamilton 12/04/91 294 236
Hardee 12/04/91 420 322
Herdando 12/03/91 843 1139
Highlands 12/03/91 1161 1860
Hillsborough 12/04/91 6449 1412
Jefferson 12/04/91 225 39
Lafayette 12/05/91 87 430
Lake 12/04/91 1138 1083
Leon 12/04/91 1530 452
Levy 12/05/91 446 454
Liberty 12/04/91 68 508
Madison 12/04/91 258 173
Marion 12/04/91 1787 161
Orange 12/06/91 4352 22
Osceola 12/05/91 1042 587
Pasco 12/03/91 2071 503
Pinellas 11/13/91 7731 740
Polk 12/06/91 3041 1252
Seminole 12/05/91 2364 1942
Sumter 12/03/91 443 254
Suwanee 12/05/91 423 515
Taylor 12/04/91 296 232
Volusia 12/09/91 3712 968
Wakulla 12/05/91 185 524
A-38
THIRTY-SECOND SUPPLEMENTAL INDENTURE DATED DECEMBER 1, 1992
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/30/92 1888 2338
Bay 12/30/92 1410 42
Brevard 12/29/92 3256 2503
Citrus 12/29/92 965 231
Columbia 12/30/92 769 532
Dixie 12/30/92 165 484
Flagler 12/30/92 480 212
Franklin 12/30/92 399 1
Gadsden 12/30/92 399 1762
Gilchrist 12/30/92 194 693
Gulf 01/06/93 157 343
Hamilton 12/29/92 314 215
Hardee 12/31/92 439 211
Herdando 12/29/92 894 688
Highlands 12/29/92 1200 1665
Hillsborough 12/30/92 6838 810
Jefferson 12/30/92 250 196
Lafayette 12/30/92 92 129
Lake 12/30/92 1203 323
Leon 01/07/93 1611 2296
Levy 12/29/92 479 312
Liberty 12/30/92 73 427
Madison 12/30/92 292 205
Marion 12/29/92 1888 1815
Orange 12/30/92 4506 2985
Osceola 12/31/92 1102 2325
Pasco 12/29/92 3101 950
Pinellas 12/15/92 8120 1705
Polk 12/31/92 3185 899
Seminole 12/29/92 2525 1408
Sumter 12/29/92 471 468
Suwanee 12/29/92 449 469
Taylor 01/21/93 313 221
Volusia 12/30/92 3797 1647
Wakulla 12/31/92 204 765
A-39
THIRTY-THIRD SUPPLEMENTAL INDENTURE DATED DECEMBER 1, 1992
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/30/92 1888 2426
Bay 12/30/92 1410 130
Brevard 12/29/92 3256 2592
Citrus 12/29/92 965 319
Columbia 12/30/92 769 622
Dixie 12/30/92 165 572
Flagler 12/30/92 480 300
Franklin 12/30/92 399 89
Gadsden 12/30/92 399 1850
Gilchrist 12/30/92 195 1
Gulf 01/06/93 157 431
Hamilton 12/29/92 315 1
Hardee 12/31/92 439 299
Herdando 12/29/92 894 776
Highlands 12/29/92 1200 1754
Hillsborough 12/30/92 6838 898
Jefferson 12/30/92 250 285
Lafayette 12/30/92 92 217
Lake 12/30/92 1203 411
Leon 01/07/93 1611 2384
Levy 12/29/92 479 400
Liberty 12/30/92 73 515
Madison 12/30/92 292 293
Marion 12/29/92 1888 1903
Orange 12/30/92 4506 3073
Osceola 12/31/92 1102 2413
Pasco 12/29/92 3101 1038
Pinellas 12/15/92 8120 1795
Polk 12/31/92 3185 987
Seminole 12/29/92 2525 1496
Sumter 12/29/92 471 556
Suwanee 12/29/92 449 595
Taylor 01/21/93 313 309
Volusia 12/30/92 3797 1735
Wakulla 12/31/92 204 853
A-40
THIRTY-FOURTH SUPPLEMENTAL INDENTURE DATED FEBRUARY 1, 1993
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 02/23/93 1895 1712
Bay 02/22/93 1418 1202
Brevard 02/22/93 3268 4928
Citrus 03/03/93 972 1372
Columbia 02/23/93 771 1030
Dixie 02/23/93 166 771
Flagler 02/23/93 483 86
Franklin 02/23/93 404 209
Gadsden 02/22/93 402 153
Gilchrist 02/22/93 196 612
Gulf 02/22/93 158 636
Hamilton 02/22/93 317 37
Hardee 02/26/93 442 29
Herdando 02/22/93 901 1009
Highlands 02/23/93 1206 1393
Hillsborough 02/23/93 6891 182
Jefferson 02/23/93 254 267
Lafayette 02/22/93 92 788
Lake 02/22/93 1211 1060
Leon 02/23/93 1621 51
Levy 02/22/93 484 459
Liberty 02/22/93 74 366
Madison 02/22/93 297 50
Marion 03/01/93 1902 1706
Orange 03/01/93 4527 4174
Osceola 02/23/93 1111 2070
Pasco 03/01/93 3118 1205
Pinellas 02/09/93 8173 382
Polk 02/22/93 3203 2186
Seminole 02/22/93 2547 765
Sumter 02/22/93 475 750
Suwanee 02/23/93 454 51
Taylor 02/25/93 314 853
Volusia 02/23/93 3808 3551
Wakulla 02/23/93 207 396
A-41
THIRTY-FIFTH SUPPLEMENTAL INDENTURE DATED MARCH 1, 1993
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 03/22/93 1898 2769
Bay 03/23/93 1423 659
Brevard 03/22/93 3275 3473
Citrus 03/22/93 975 1
Columbia 03/24/93 772 1536
Dixie 03/23/93 167 499
Flagler 03/23/93 484 1113
Franklin 03/22/93 407 47
Gadsden 03/22/93 403 66
Gilchrist 03/22/93 197 704
Gulf 03/22/93 159 388
Hamilton 03/22/93 320 1
Hardee 03/22/93 443 137
Herdando 03/22/93 905 480
Highlands 03/22/93 1210 47
Hillsborough 03/22/93 6917 972
Jefferson 03/24/93 257 40
Lafayette 03/23/93 93 218
Lake 03/23/93 1216 1165
Leon 03/23/93 1626 1941
Levy 03/23/93 487 375
Liberty 03/22/93 74 627
Madison 03/22/93 299 211
Marion 03/22/93 1910 738
Orange 03/23/93 4539 2634
Osceola 03/25/93 1115 2511
Pasco 03/22/93 3129 149
Pinellas 03/10/93 8200 2030
Polk 03/22/93 3214 1331
Seminole 03/22/93 2559 1330
Sumter 03/22/93 478 191
Suwanee 03/24/93 456 58
Taylor 03/26/93 316 580
Volusia 03/23/93 3814 4453
Wakulla 03/22/93 208 563
A-42
THIRTY-SIXTH SUPPLEMENTAL INDENTURE DATED JULY 1, 1993
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 08/06/93 1919 2335
Bay 08/09/93 1447 1661
Brevard 08/05/93 3312 2304
Citrus 08/06/93 994 111
Columbia 08/09/93 778 736
Dixie 08/10/93 171 595
Flagler 08/06/93 493 183
Franklin 08/16/93 423 78
Gadsden 08/06/93 407 1440
Gilchrist 08/06/93 202 372
Gulf 08/06/93 162 831
Hamilton 08/06/93 326 301
Hardee 08/06/93 450 623
Herdando 08/09/93 925 1936
Highlands 08/06/93 1225 1608
Hillsborough 08/05/93 7071 222
Jefferson 08/10/93 266 252
Lafayette 08/09/93 95 394
Lake 08/06/93 1241 430
Leon 08/09/93 1660 1955
Levy 08/06/93 500 395
Liberty 08/06/93 76 362
Madison 08/06/93 312 20
Marion 08/06/93 1948 1022
Orange 08/09/93 4602 366
Osceola 08/06/93 1138 832
Pasco 08/05/93 3182 104
Pinellas 07/20/93 8342 522
Polk 08/05/93 3268 1251
Seminole 08/09/93 2627 330
Sumter 08/05/93 489 700
Suwanee 08/09/93 467 488
Taylor 08/06/93 323 490
Volusia 08/06/93 3848 2752
Wakulla 08/06/93 217 104
A-43
THIRTY-SEVENTH SUPPLEMENTAL INDENTURE DATED DECEMBER 1, 1993
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 12/29/93 1942 1768
Bay 12/29/93 1473 1090
Brevard 12/28/93 3353 2186
Citrus 12/29/93 1013 1791
Columbia 12/30/93 784 1174
Dixie 01/04/94 175 744
Flagler 12/30/93 503 269
Franklin 12/30/93 437 69
Gadsden 12/29/93 412 1638
Gilchrist 01/03/94 207 597
Gulf 12/29/93 166 710
Hamilton 12/29/93 334 78
Hardee 12/28/93 458 139
Herdando 12/30/93 947 1037
Highlands 12/29/93 1241 1888
Hillsborough 12/29/93 7235 1829
Jefferson 12/30/93 276 231
Lafayette 12/29/93 97 746
Lake 12/29/93 1267 2229
Leon 12/29/93 1698 1017
Levy 12/30/93 512 733
Liberty 12/29/93 78 291
Madison 12/29/93 324 302
Marion 12/29/93 1990 1962
Orange 12/29/93 4675 2208
Osceola 12/30/93 1163 2641
Pasco 12/29/93 3239 112
Pinellas 12/15/93 8502 2162
Polk 12/28/93 3327 562
Seminole 12/28/93 2703 466
Sumter 12/28/93 502 167*
Suwanee 12/29/93 478 324
Taylor 12/29/93 330 533
Volusia 12/29/93 3885 2736
Wakulla 12/30/93 224 727
- -------------------
* Due to a scriveners error, the Thirty-Ninth and Fortieth Supplemental
Indentures to the Original Indenture erroneously indicated a page number of 157.
A-44
THIRTY-EIGHTH SUPPLEMENTAL INDENTURE DATED JULY 25, 1994
STATE OF FLORIDA
County Date of Recordation Book Page
- ------------ ------------------- ---- ----
Alachua 08/08/94 1975 2678
Bay 08/08/94 1516 432
Brevard 08/08/94 3412 3309
Citrus 08/08/94 1044 2108
Columbia 08/08/94 794 188
Dixie 08/11/94 183 3
Flagler 08/08/94 516 1458
Franklin 08/10/94 465 42
Gadsden 08/09/94 422 570
Gilchrist 08/10/94 216 477
Gulf 08/08/94 172 664
Hamilton 08/08/94 347 189
Hardee 08/08/94 471 495
Herdando 09/06/94 983 887
Highlands 08/08/94 1267 791
Hillsborough 08/10/94 7485 745
Jefferson 08/09/94 298 22
Lafayette 08/09/94 101 626
Lake 08/09/94 1311 1274
Leon 08/08/94 1754 594
Levy 08/08/94 533 45
Liberty 08/09/94 81 566
Madison 08/08/94 348 172
Marion 08/10/94 2060 1272
Orange 08/09/94 4779 4850
Osceola 08/08/94 1205 1060
Pasco 08/08/94 3326 1162
Pinellas 07/25/94 8734 1574
Polk 08/08/94 3423 2168
Seminole 08/08/94 2809 131
Sumter 08/08/94 524 256
Suwanee 08/08/94 500 170
Taylor 08/09/94 342 576
Volusia 08/11/94 3942 4371
Wakulla 08/10/94 239 322
A-45
THIRTY-NINTH SUPPLEMENTAL INDENTURE DATED JULY 1, 2001
STATE OF FLORIDA
COUNTY DATE OF RECORDATION BOOK PAGE
- ------------ ------------------- ----- ----
Alachua 7/16/01 2371 1703
Bay 7/24/01 2052 225
Brevard 7/24/01 4387 206
Citrus 7/16/01 1440 322
Columbia 7/24/01 931 1741
Dixie 7/23/01 262 1
Flagler 7/24/01 758 320
Franklin 7/26/01 671 542
Gadsden 7/23/01 529 134
Gilcrest 7/23/01 2001 3068
Gulf 7/24/01 262 872
Hamilton 7/23/01 504 59
Hardee 7/23/01 614 764
Hernando 7/16/01 1437 619
Highlands 7/16/01 1556 1380
Hillsborough 7/23/01 10952 1626
Jefferson 7/23/01 471 268
Lafayette 7/23/01 169 348
Lake 7/16/01 1974 2275
Leon 7/23/01 2530 74
Levy 7/23/01 752 726
Liberty 7/23/01 124 311
Madison 7/24/01 587 48
Manatee 7/23/01 1692 6974
Marion 7/16/01 2987 1131
Orange 7/16/01 6302 3365
Osceola 7/16/01 1902 1112
Pasco 7/16/01 4667 77
Pinellas 7/13/01 11475 2488
Polk 7/16/01 4751 1
Seminole 7/16/01 4128 170
Sumter 7/16/01 894 40
Suwannee 7/23/01 877 77
Taylor 7/23/01 464 215
Volusia 7/17/01 4714 4356
Wakulla 7/23/01 414 599
A-46
FORTIETH SUPPLEMENTAL INDENTURE DATED JULY 1, 2002
STATE OF FLORIDA
COUNTY DATE OF RECORDATION BOOK PAGE
- ------------ ------------------- ----- ----
Alachua 7/19/02 2486 439
Bay 7/19/02 2164 520
Brevard 7/01/01 4641 2591
Citrus 7/19/02 1521 2
Columbia 7/19/02 958 500
Dixie 7/19/02 277 1
Flagler 7/24/02 838 776
Franklin 7/24/02 706 23
Gadsden 7/19/02 548 415
Gilchrist* 7/19/02 Instrument Number 2002 3363
Gulf 7/19/02 285 369
Hamilton 7/19/02 530 143
Hardee 7/19/02 630 147
Hernando 7/19/02 1552 745
Highlands 7/19/02 1616 1919
Hillsborough 7/19/02 11790 0680
Jefferson 7/22/02 0492 0001
Lafayette 7/19/02 181 406
Lake 7/22/02 02145 1576
Leon 7/19/02 R2697 01718
Levy 7/19/02 795 531
Liberty 7/19/02 131 454
Madison 7/19/02 627 171
Manatee 7/19/02 1759 970
Marion 7/19/02 3203 0458
Orange 7/23/02 6573 5463
Osceola 7/22/02 2082 1419
Pasco 7/19/02 5012 1362
Pinellas 7/26/02 12128 1700
Polk 7/19/02 5064 0027
Seminole 7/23/02 4468 0429
Sumter 7/19/02 988 512
Suwannee 7/19/02 948 7
Taylor 7/19/02 484 562
Volusia 7/19/02 4898 2002
Wakulla 7/22/02 450 344
- -------------
* Gilchrist County utilizes an instrument number indexing system rather than a
book/page indexing system.
A-47
FORTY-FIRST SUPPLEMENTAL INDENTURE DATED FEBRUARY 1, 2003
STATE OF FLORIDA
COUNTY DATE OF RECORDATION BOOK PAGE
- ------------ ------------------- ----- ----
Alachua 3/10/03 2620 1182
Bay 3/20/03 2252 1616
Brevard 3/10/03 4845 847
Citrus 3/10/03 1580 537
Columbia 3/10/03 976 2505
Dixie 3/10/03 285 654
Flagler 3/10/03 905 1523
Franklin 3/12/03 729 424
Gadsden 3/10/03 561 1091
Gilchrist* 3/10/03 Instrument Number 2003 1224
Gulf 3/10/03 301 432
Hamilton 3/10/03 543 358
Hardee 3/10/03 640 218
Hernando 3/7/03 1636 204
Highlands 3/10/03 1660 726
Hillsborough 3/10/03 12427 1748
Jefferson 3/10/03 507 98
Lafayette 3/10/03 189 107
Lake 3/10/03 2276 2224
Leon 3/11/03 2827 95
Levy 3/10/03 826 208
Liberty 3/11/03 136 479
Madison 3/9/03 653 69
Manatee 3/7/03 1809 6624
Marion 3/10/03 3363 1414
Orange 3/10/03 6820 89
Osceola 3/10/03 2208 1762
Pasco 3/7/03 5267 216
Pinellas 3/6/03 12582 1011
Polk 3/6/03 5289 1762
Seminole 3/10/03 4745 970
Sumter 3/7/03 1052 4
Suwannee 3/10/03 995 83
Taylor 3/10/03 497 542
Volusia 3/10/03 5033 4056
Wakulla 3/10/03 478 79
- -------------
* Gilchrist County utilizes an instrument number indexing system rather than a
book/page indexing system.
A-48
FORTY-SECOND SUPPLEMENTAL INDENTURE DATED APRIL 1, 2003
STATE OF FLORIDA
COUNTY DATE OF RECORDATION BOOK PAGE
- ------------ ------------------- ----- ------
Alachua 05/27/2003 2676 753
Bay 05/27/2003 2283 585
Brevard 06/06/2003 4935 345
Citrus 05/23/2003 1604 305
Columbia 05/23/2003 984 87
Dixie 05/23/2003 289 447
Flagler 05/27/2003 935 151
Franklin 05/27/2003 739 166
Gadsden 05/23/2003 566 840
Gilchrist* 05/23/2003 Instrument Number 2003 002716
Gulf 05/27/2003 307 784
Hamilton 05/23/2003 549 1
Hardee 05/28/2003 644 670
Hernando 05/23/2003 1671 1084
Highlands 05/23/2003 1676 1168
Hillsborough 05/28/2003 12682 320
Jefferson 05/23/2003 512 367
Lafayette 05/23/2003 191 373
Lake 05/22/2003 2324 1507
Leon 05/28/2003 2874 1027
Levy 05/27/2003 837 42
Liberty 05/27/2003 138 218
Madison 05/23/2003 664 225
Manatee 05/28/2003 1831 1979
Marion 05/30/2003 3426 1046
Orange 05/23/2003 6925 2125
Osceola 05/22/2003 2256 2207
Pasco 05/23/2003 5370 1906
Pinellas 05/23/2003 12767 1631
Polk 05/23/2003 5372 1233
Seminole 05/30/2003 4843 1879
Sumter 05/30/2003 1076 307
Suwannee 05/23/2003 1013 263
Taylor 05/28/2003 502 773
Volusia 06/02/2003 5084 4311
Wakulla 05/23/2003 488 388
- -------------
* Gilchrist County utilizes an instrument number indexing system rather than a
book/page indexing system.
A-49
EXHIBIT B
PROPERTY DESCRIPTIONS
[ATTACHED HERETO]
B-1
43rd Supplemental Indenture - Exhibit B
April 1, 2003 - November 1, 2003
TYPE* GRANTOR COUNTY/STATE REC DATE BOOK PAGE NOTES
- ------------------------------------------------------------------------------------------------------------------------------------
EASTERLY 85' OF LOTS 12 AND 13, BLK 59,
D FLORIDA POWER CORPORATION HIGHLANDS (FL) 11-Apr-03 1667 770 TRANSCRIPT BOOK, PG 6
LOTS 5 & 6, BLOCK 40, REVISED MAP OF CITY OF
ST. PETERSBURG, PB 1/49, HILLSBOROUGH
COUNTY, OF WHICH COUNTY PINELLAS WAS
D FLORIDA POWER CORPORATION PINELLAS (FL) 29-Jul-03 12938 2239 FORMERLY A PART
MAINTAINING AN ACCESS ROAD; CORECTS ERRORS
IN THE LEGAL DESCRIPTION, THIS CORRECTIVE
ACCESS EASEMENT REPLACES AND SUPERCEDES THE
EA FLORIDA POWER CORPORATION LAKE (FL) 09-Apr-03 2294 1213 ERRONEOUS ACCESS EASEMENT
MAINTAINING AN ACESS ROAD; CORECTS ERRORS IN
THE LEGAL DESCRIPTION, THIS CORRECTIVE
ACCESS EASEMENT REPLACES AND SUPERCEDES THE
EA FLORIDA POWER CORPORATION LAKE (FL) 09-Apr-03 2294 1213 ERRONEOUS ASSESS EASEMENT
FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING AN ACESS ROAD, CORRECTS ERRORS
IN THE LEGAL DESCRIPTION, THIS CORRECTIVE
EASEMENT REPLACES AND SUPERCEDES THE
EA FLORIDA POWER CORPORATION LAKE (FL) 09-Apr-03 2294 1206 ERRONEOUS EASEMENT
FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING AN ACCESS ROAD, CORRECTS ERRORS
IN THE LEGAL DESCRIPTION, THIS CORRECTIVE
EASEMENT REPLACES AND SUPERCEDES THE
EA FLORIDA POWER CORPORATION LAKE (FL) 09-Apr-03 2294 1206 ERRONEOUS EASEMENT
ST. JOE TIMBERLAND COMPANY OF
DELAWARE, LLC, A DELAWARE ACCESS EASEMENT FROM STATE ROAD 22 TO PEF'S
EA LIMITED LIABILITY COMPANY BAY (FL) 20-May-03 2280 1438 EXISTING 175' ROW
EA PROGRESS ENERGY FLORIDA, INC. BAY (FL) 21-Jul-03 2310 891 A 40' WIDE ACCESS EASEMENT ACROSS PEF'S ROW
TR LONGREEN FARM, INC. MARION (FL) 02-Apr-03 3383 117 THE W 669.01' OF NW 1/4 OF NW 1/4
TR LONGREEN FARM, INC. MARION (FL) 02-Apr-03 3383 119 THE W 549.14' OF NW 1/4 OF NW 1/4
THROUGH A PORTION OF LOT 16, LES CHATEAU
TR MONAHAN, BETTY JEAN, TRUST LAKE (FL) 07-Apr-03 2292 466 VILLA, MOBILE HOME PARK
MONAHAN, PHILIP, AKA W. P. THROUGH A PORTION OF LOT 17, LES CHATEAU
TR MONAHAN AND BETTY MONAHAN LAKE (FL) 07-Apr-03 2292 462 VILLA, MOBILE HOME PARK
THROUGH A PORTION OF TRACT B MAGNOLIA RIDGE
TR VAL COURSEY HOMES, INC. LAKE (FL) 07-Apr-03 2292 458 SUBDIV., PB 41, PGS 69-71
VCH CITRUS, A GENERAL
PARTNERSHIP; V. C. BEGIN AT THE INTERSECTION OF SR 663 AND THE
TR HOLLINGSWORTH, JR., PARTNER HARDEE (FL) 09-Apr-03 641 1046 N BOUNDARY OF S 1/2 OF THE NW 1/4 OF NE 1/4
TR REVELL JR., F. L. HARDEE (FL) 09-Apr-03 641 1034 BEGIN AT THE NE CORNER OF NW 1/4 OF NW 1/4
D = Deed; TR = Transmission Easement; EA = Easement Page B-1
43rd Supplemental Indenture - Exhibit B
April 1, 2003 - November 1, 2003
TYPE* GRANTOR COUNTY/STATE REC DATE BOOK PAGE NOTES
- ------------------------------------------------------------------------------------------------------------------------------------
BEGIN AT THE INTERSECTION OF THE N BOUNDARY
TR GAUSE, BETTY MOSLEY, WIDOW HARDEE (FL) 09-Apr-03 641 1038 OF THE NE 1/4
THOMPSON - DAVIS GROVES, A
GENERAL PARTNERSHIP; WILLIAM BEGIN AT THE INTERSECTION OF SR 663 AND THE
TR J. THOMPSON, PARTNER HARDEE (FL) 09-Apr-03 641 1042 N BOUNDARY OF NE 1/4
ALL OF LOTS 1 AND 2, BLK 117, WEST
TR THOMAS, DOUGLAS A. VOLUSIA (FL) 09-Apr-03 5050 3683 HIGHLANDS, MB 21/173-178
TR COTTON, ELOUISE; OSCAR WILDER SEMINOLE (FL) 15-Apr-03 4781 801 LOT 3, BLOCK A, HARMONY HOMES SUBDIVISION
BEGIN AT THE INTERSECTION OF SR 663 AND THE
CARLTON III, DOYLE E., AND N BOUNDARY OF S 1/2 OF SW 1/4 OF NW 1/4 OF
TR DEBRA H. CARLTON HARDEE (FL) 17-Apr-03 642 263 SE 1/4
CARLTON III, DOYLE E., AND BEGIN AT THE INTERSECTION OF SR 663 & N
TR DEBRA H. CARLTON HARDEE (FL) 17-Apr-03 642 271 BOUNDARY OF THE W 1/2 OF NE 1/4.
BEGIN AT THE INTERSECTION WITH THES BOUNDARY
OF THE SE 1/4 AND THE W ROW OF CR 661
TR DURANDO, JANE CARLTON HARDEE (FL) 17-Apr-03 642 259 (MOSLEY)
HORSE CREEK PARTNERSHIP, A BEGIN AT THE INTERSECTION OF THE S BOUNDARY
TR FLORIDA GENERAL PARTNERSHIP HARDEE (FL) 17-Apr-03 642 267 OF THE SE 1/4 AND THE W ROW OF CSXT RR
BANK OF AMERICA, NA, A NATIONAL
BANKING ASSOCIATION, FKA
TR BARNETT BANK OF MAROIN COUNTY MARION (FL) 21-Apr-03 3396 751 COMMENCE AT THE SE CORNER
COMMENCE AT THE INTERSECTION OF THE N LINE
TR HAWTHORNE, DIMPLE W. LAKE (FL) 25-Apr-03 2305 1996 OF THE NE 1/4 AND THE CENTERLINE OF SR 500
WARD, ROBERT CARLTON (46.64%);
ROBERT CARLTON WARD AS TRUSTEE
OF THE ROBERT CARLTON WARD
FAMILY TRUST (13.6%); ANN D.
WARD (6.69%); MARY N. WARD BEGIN AT THE INTERSECTION OF SR 663 AND THE
TR (33.32%) HARDEE (FL) 28-Apr-03 642 928 N BOUNDARY OF EAST 1/2 OF SEC 33
HORSE CREEK PARTNERSHIP, A BEGIN AT THE SE CORNER OF THE NE 1/4 OF THE
TR FLORIDA PARTNERSHIP HARDEE (FL) 28-Apr-03 642 935 NE 1/4
BEGIN AT THE NW CORNER OF THE S 1/2 OF THE
TR DURANDO, JANE CARLTON HARDEE (FL) 28-Apr-03 642 940 NW 1/4
BEGIN AT THE INTERSECTION OF THE N BOUNDARY
TR SANNELLA, NICHOLAS A. HARDEE (FL) 20-May-03 644 171 OF THE S 1150' OF THE E 1/2 OF SEC 16
BEGIN AT THE INTERSECTION OF THE N BOUNDARY
TR SANNELLA, NICHOLAS A. HARDEE (FL) 20-May-03 644 167 OF THE SE 1/4 OF SEC 16
TAVARES ASSOCIATES, LTD; BY COMMENCE AT THE INTERSECTION OF THE W LINE
TR OYSTER MANAGEMENT GP, LLC LAKE (FL) 21-May-03 2323 1610 OF THE SW 1/4 OF SEC 21
D = Deed; TR = Transmission Easement; EA = Easement Page B-2
43rd Supplemental Indenture - Exhibit B
April 1, 2003 - November 1, 2003
TYPE* GRANTOR COUNTY/STATE REC DATE BOOK PAGE NOTES
- ------------------------------------------------------------------------------------------------------------------------------------
TAVARES ASSOCIATES, LTD; BY COMMENCE AT THE INTERSECTION OF THE W LINE
TR OYSTER MANAGEMENT GP, LLC LAKE (FL) 21-May-03 2323 1605 OF THE SW 1/4 OF SEC 21
TR FORTY ONE ASSOCIATES LC MARION (FL) 22-May-03 3422 1638 COMMENCE AT THE SE CORNER OF SEC 26
FOUNDATION ACADEMY OF WINTER
TR GARDEN, INC. ORANGE (FL) 29-May-03 6931 67 PORTION OF SEC 9 IN NW 1/4 OF THE NE 1/4
THE S 10' OF THE NE 1/4 OF THE NE 1/4 OF
TR SANAVAR CORPORATION POLK (FL) 10-Jun-03 5391 2153 SEC 3
COMMENCE AT THE INTERSECTION OF THE N LINE
TR LAKE COUNTY SCHOOL BOARD LAKE (FL) 12-Jun-03 2338 53 OF THE NE 1/4 OF SEC 29
W 3/4 OF S 1/2 OF NE 1/4 OF NE 1/4 &
COMMENCE AT SE CORNER OF E 1/2 OF E 1/2 OF
TR ALBRITTON, ALBERT MURRAY HARDEE (FL) 01-Jul-03 646 375 NE 1/4 OF NE 1/4
MCMILLAN, MARSHA S. LONAS, AND
TR GARY R. MCMILLAN HARDEE (FL) 01-Jul-03 646 378 W 1/2 OF NW 1/4 OF NE 1/4 OF NE 1/4
THE S 10' OF THE W 68' OF THE S 200' OF
TR AGNER, SHARON LYNNE PINELLAS (FL) 07-Jul-03 12874 1643 BLOCK 146, SUTHERLAND
AGNER, JOSEPHINE AND SHARON THE S 10' OF THE W 182' OF THE S 200' OF
TR LYNNE AGNER PINELLAS (FL) 07-Jul-03 12874 1671 BLOCK 146, SUTHERLAND
CHURCH OF GOD, INC. AND THE
COVENANT CHRISTIAN CHURCH AS SE 1/4 OF NW 1/4 OF NW 1/4 OF SECTION 15,
D TRUSTEES PASCO (FL) 23-Jul-03 5458 1451 TNSHP 26S, RANGE 20E
THE S 40' OF THE N 50' OF 67TH AVENUE; THAT
ROSS, CHARLES M. B.; BARCLAY CERTAIN PARCEL OF LAND INCLUDING A PORTION
TR PROPERTIES, INC. PINELLAS (FL) 28-Jul-03 12933 213 OF FARM 11, AND A PORTION OF 53RD WAY N
TR ZELLWIN FARMS, INC. LAKE (FL) 21-Aug-03 2388 2186 A PARCEL IN NE 1/4 OF SE 1/4
TR WACHOVIA BANK LAKE (FL) 21-Aug-03 2388 2174 PART OF SE 1/4
TR ALYSHA ENTERPRISES, INC. LAKE (FL) 21-Aug-03 2388 2178 A STRIP OF LAND SITUATED IN THE SE 1/4
TR ALYSHA ENTERPRISES, INC. LAKE (FL) 21-Aug-03 2388 2182 A STRIP OF LAND SITUATED IN THE SE 1/4
PARCEL OF LAND IN NE 1/4 SECTION 19, TNSHP
23 S, RANGE 31 E & NW 1/4 SECTION 20, TNSHP
D CROWN TREE ASSOCIATES, LLC ORANGE (FL) 22-Aug.03 7063 4053 23 S, RANGE 31 E
PORTION OF SE 1/4 SECTION 18, TNSHP 23S,
RANGE 31 E & PORTION OF NE 1/4 SECTION 19,
D FLORIDA POWER CORPORATION ORANGE (FL) 22-Aug.03 7063 4058 TNSHP23S, RANGE 31 E.
PARCEL OF LAND IN NW 1/4 SECTION 20, TNSHP
TR CROWN TREE ASSOCIATES, LLC ORANGE (FL) 22-Aug.03 7063 4061 23S, RANGE 31 E
D = Deed; TR = Transmission Easement; EA = Easement Page B-3
43rd Supplemental Indenture - Exhibit B
April 1, 2003 - November 1, 2003
TYPE* GRANTOR COUNTY/STATE REC DATE BOOK PAGE NOTES
- ------------------------------------------------------------------------------------------------------------------------------------
PARCEL OF LAND IN NE 1/4 SECTION 19, TNSHP
EA CROWN TREE ASSOCIATES, LLC ORANGE (FL) 22-Aug.03 7063 4067 23S, RANGE 31 E
PARCEL OF LAND IN NW 1/4 SECTION 20, TNSHP
EA RALPH FISCH, TRUSTEE ORANGE (FL) 22-Aug.03 7063 4076 23S, RANGE 31E
` THE W 10' OF LOT 36, SUWANNEE RIVER
TR MCCARTHY, RONALD C. DIXIE (FL) 02-Sep-03 294 621 HIGHLANDS, PB 1/78
TR HENSON, RICHARD E. DIXIE (FL) 02-Sep-03 294 625 PART OF SW 1/4 OF SW 1/4
BLOODWORTH, EULA AND JO ANN
TR SUGGS DIXIE (FL) 02-Sep-03 294 629 PART OF NW 1/4 OF SW 1/4
TR SUGGS, JO ANN DIXIE (FL) 02-Sep-03 294 633 PART OF NW 1/4 OF SW 1/4
BLYDENBURGH, HAROLD E., AND
TR JANET N. BLYDENBURGH DIXIE (FL) 02-Sep-03 294 637 PART OF NW 1/4 OF SW 1/4
TR STONER, BARBARA E. DIXIE (FL) 02-Sep-03 294 641 PART OF NW 1/4 OF SW 1/4
HALL, PAUL A., AND JUDITH F. S 1/2 OF GOV'T LOTS 5 & 6 & N 420' LOT 7
TR HALL DIXIE (FL) 20-Oct-03 297 451 LYING E OF SR 349
NOLF, KENNETH ALLEN AND SARA
TR NOLF DIXIE (FL) 20-Oct-03 297 458 NW 1/4
CHARBONNEAU, DORIAN AND JOAN E. THE W 10' OF LOT 44, OLD TOWN FOREST, PB
TR CHARBONNEAU DIXIE (FL) 20-Oct-03 297 454 1/161
THE W 10' OF LOT 35, SUWANNEE RIVER
TR BOUSQUET, WAYNE P. DIXIE (FL) 20-Oct-03 297 462 HIGHLANDS, PB 1/78
THE W 10' OF LOT 21, OLD TOWN FOREST, PB
TR THARP, JIMMIE AND BONNIE THARP DIXIE (FL) 24-Oct-03 297 640 1/161
THE W 10' OF LOT 49, OLD TOWN FOREST, PB
TR WALSH, TERRY L. DIXIE (FL) 24-Oct-03 297 636 1/161
BURY, FRANCIS W., AND EVELYN THE W 10' OF LOT 18, OLD TOWN FOREST, PB
TR PEARL BURY DIXIE (FL) 24-Oct-03 297 632 1/161
THE W 10' OF LOT 13, SAM SWETT SUBDIV., UNIT
TR PENTZ, BILL AKA BILLY M. PENTZ DIXIE (FL) 24-Oct-03 297 628 1, PB 1/133
THE W 10' OF LOT 43 & 44, SUWANNEE RIVER
TR MORRELL, DANNY DIXIE (FL) 24-Oct-03 297 624 HIGHLANDS, PB 1/78
THE W 10' OF LANDS DESCRIBED IN BK 84/557 &
BK 169/688; BEGIN AT THE SW CORNER OF
DESCRIBED LANDS; PART OF THE W 1/2 OF THE
TR ANDERSON, PATRICIA B. DIXIE (FL) 24-Oct-03 297 620 SW 1/4
THE W 10' OF LOTS 47 AND 48, OLD TOWN
TR TREHY, THOMAS AND CHRISTA TREHY DIXIE (FL) 24-Oct-03 297 616 FOREST, PB 1/161
THE SW 1/4 OF THE SW 1/4 OF SECTION 25; THE
TR HARPER, JACK AND PATTY HARPER DIXIE (FL) 24-Oct-03 297 612 W 10' OF LAND DESCRIBED IN BK 207/259
D = Deed; TR = Transmission Easement; EA = Easement Page B-4
43rd Supplemental Indenture - Exhibit B
April 1, 2003 - November 1, 2003
TYPE* GRANTOR COUNTY/STATE REC DATE BOOK PAGE NOTES
- ------------------------------------------------------------------------------------------------------------------------------------
ANDERSON II, FRANK L.; ROBERT THE NW 1/4 OF THE SW 1/4; THE W 10' OF LAND
TR H. GRATTON DIXIE (FL) 24-Oct-03 297 608 DESCRIBED IN BK 206/322
CENTRAL FLORIDA ELECTRIC PART OF GOVT LOT 5, SEC 24; NE 1/4 OF NE
TR COOPERATIVE, INC. DIXIE (FL) 24-Oct-03 297 606 1/4, SEC 23
PART OF THE SW 1/4 OF THE SW 1/4; THE W 10'
TR MYERS III, GEORGE E. DIXIE (FL) 24-Oct-03 297 602 OF LANDS DESCRIBED IN BK 162/123
MONAGHAN, PETER R., AND NANCY PART OF THE SW 1/4 OF THE SW 1/4; THE W 10'
TR MONAGHAN DIXIE (FL) 24-Oct-03 297 598 OF LANDS DESCRIBED IN BK 251/84
VANCE JR., ROSCOE C., AND THE W 10' OF LOT 41, SUWANNEE RIVER
TR CASADANA SHANE VANCE DIXIE (FL) 24-Oct-03 297 593 HIGHLANDS, PB 1/78
MILLER, ALFRED W., AND MILDRED PART OF THE SW 1/4 OF THE NW 1/4; THE W 10'
TR A. MILLER DIXIE (FL) 24-Oct-03 297 589 OF LAND DESCRIBED IN BK 24/651
D = Deed; TR = Transmission Easement; EA = Easement Page B-5