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00919� <br />it as Trustee hereunder to its successor. Should any instrument. <br />in writing from:the County be required. of any successor -trustee_ <br />for.more fully and certainly vesting in such"successor the <br />estate's, rights; powers and duties hereby vested or intended.to-. <br />be vested in the predecessor, any and all such instruments in{ <br />writing shall, on request,'be executed, acknowledged and delivered <br />by the County. :The resignation -of- any ,trustee and the instrument <br />or instruments removing any trustee and appointing a successor <br />hereunder, together vith,all other instruments provided for in' <br />this Article, shall be filed and/or recorde& by;the successor -trustee <br />in each recording office where the Mortgage shall have been filed <br />and/or recorded: <br />Section 1010. In case the Lessee shall!fail,season.ably. <br />to pay or cause to be paid any tax, assessment or governmental or-, <br />other charge upon any part of the.property herein conveyed, as: <br />required by the'Lease and Agreement, the Trustee may pay such tax;; <br />assessment or governmental charge, without prejudice, however, to <br />any rights.of the Trustee or the owners of the bonds hereunder <br />arising in consequence of such failure; andjany amount.at <br />anytime so paid under this Section, with interest ;thereon <br />from the date of payment at the maximum legal rate:, ­,shall be <br />repaid by.the Lessee upon demand,and such repayment shall be:. <br />secured by this,Mortgage, and the same shall, be: given a -prefer- <br />ence in payment over any of.said bonds; and ';shall be paid out <br />of the proceeds of revenues collected from the property herein <br />conveyed, if not otherwise caused to be paid';by'the Lessee, but - <br />the Trustee shall be under no obligation to make'any such payment <br />unless it shall have been requested to do so by'the owners'of <br />at least ten percent (107.) of the aggregate principal amount <br />of bonds outstanding hereunder, and shall have been provided <br />with adequate funds for the purpose of such payment. _. <br />Section 1011. Within three (3) days after ,receipt of <br />funds for payment of bonds or the respectivedue dates thereof, <br />whichever is later, the Trustee shall certify to the County <br />Clerk of Hall County, Nebraska, the fact of 'payment tjaereof:. <br />X-6 <br />