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<br /> � 76- 0 � � � '" S �
<br /> Section 91k . If at any time herea[ ter the Trustee shall resign , be
<br /> removed , be dissolved or ottier•aise become incapable of acting , or the bank
<br /> or trust company acting as Trustee shall be taken over by an governmental
<br /> official , agency, department or board , the position of Trustee shall thereupon ,
<br /> F become vacant . If the pusition of Trustee shall become vacant for any of the
<br /> ` foregoing reasons or for any other reason , the Governing Body shall appoint
<br /> � a Trustee to fill such vacancy . The Governing Body shall publish no [ ice of
<br /> any such appointment by it made ouce in each week for two (2 ) successive
<br /> � weeks in a daily newspaper published and of general circulation in the City
<br /> of Lincoln , Nebraska , and , beEore the second publication of such notice , shall
<br /> mail a copy thereof to the agent for the Lessor and the Company .
<br /> � At any time within one year after any such vacancy shall have occurred ,
<br /> ��' the holders of a majority in principal anount of the Bonds hereby secured
<br /> ;:
<br /> �< and then outstanding , _ by an instrumen[ or concurrent instrunents in writing ,
<br /> ' ;x executed by such Bondholders and filed with the Lessor , may appoint a successor
<br /> ,'; Trustee , which shall supersede any Trustee theretoEore uppointed hy the Lessor .
<br /> � ,�� Photographic copies of each such instrument shall be delivered promptly by the
<br /> Lessor to the predecessar Trustee , the Trustee so appointed by the Bondholders
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<br /> and the Company . �
<br /> ;` If no appointment of a successor Trustee shall be made pursuant to
<br /> ��� the foregoing provisions of this Section , the holder of anp Bond outstanding
<br /> �f hereunder or any retiring Trustee may apply to any court of competent juris- �
<br /> � diction to appoint a successor Trustee . Such court may thereupon , after such
<br /> `�? notice , if any , as such court may deem proper and prescribe , appoint a successor
<br /> ` Trustee .
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<br /> s; Any Trustee appointed under the provisions of this ?fortgage shall be
<br /> ' a bank or trust company duly authorized to exercise corporate trust powers
<br /> and subject to examination by Federal or state authority .
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<br /> ;; Section 915 . Every successor Trustee appointed hereunder shall
<br /> execute , acknokledge and deliver to its predecessor , and also to the Lessor ,
<br /> ; an instrument in writing accepting such appointpent hereunder , and thereupon
<br /> ` such successor Trustee , without any further act , shall become fully vested
<br /> � with all the rights , immunities , powers and trusts , and subject to all the
<br /> { ;3 duties and obligations , oi its predecessor ; but such predecessor shall , never-
<br /> ; theless , oa the written request of its successor or of Lhe Lessor , and upon
<br /> ;� . payment of the expenses , charges and other disbursements of such predecessor - . . .
<br /> which are payable under [he provisions of Section 905 of this Article , execute
<br /> and deliver an instrument transfering to such successor Trustee all tlie rights ,
<br /> iffinunities , powers and trusts of such precedessor hereunder ; and every predecessor
<br /> Trustee shall deliver all property and mone}�s held by it hereunder to its
<br /> � successor . Should any instrument in writing fron the Lessor be required by any
<br /> a
<br /> successor Trustee for more fully and certainly vesting in such Trustee the ,
<br /> rights , immunities , powers and trusts hereby vested or intended to he aested
<br /> in the predecessor Trustee , any such instrument in writing sha11 and will , on
<br /> `�� request , be executed , acknowledged and delivered by the Lessor .
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<br /> Notwithstanding anq of the foregoing provisions of this Article , any
<br /> bank or trust company having power to perform the duties and execute the trusts
<br /> of this :Sortgage , and otherwise qualiiied to act as Trustee hereunder with or
<br /> � into which the bank or trust company acting as Trustee may be merged or consoli-
<br /> dated , or to which the assets and business of such bank or trust company may 6e
<br /> � sold , shall be deemed the successor oE the Trustee . :
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