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<br />'.:.,.m <br /> <br />'93- :110869 <br /> <br />(b) A certifi.ed copy of a resolution of the <br />governing body of the Company (i) seating that the <br />Company is not in default under any of the provisions of <br />the Agreement, the Note I or this Mortgage; (ii ) giving an <br />adequate legal description of that portion of the Land <br />involved in such release; (iii) stating the purpose for <br />which the Company desires the same; and (iv) requesting <br />such release; <br /> <br />{c) A statement of the Authorized Company Repre- <br />sentative (as defined in the Agreement) regarding such <br />release and stating that the Company is not in default <br />.under any of the provisions of the Agreement, any of the <br />Notes and this Mortgage; <br /> <br />(d) If applicable, a copy of the instrument grant- <br />ing the easement or conveying the title to a railroad, <br />public utility, or public body; <br /> <br />(e) If applicable, a complete descri~ti:m of the <br />improvements to be constructed on the Land requested to <br />be released and a detailed statement of the purpose for <br />which they are being constructed; <br /> <br />(f) A certificate of a registered and qualified <br />engineer who is acceptable to the Trustee, dated not more <br />than sixty (60) days prjsr to the date of the release <br />stating that, in the opinion of the person Signing such <br />certificate (i) the portion of the Land involved in the <br />release is necessary or desi:::-able for a railroad, utili'C'. <br />.. .. <br />services, or roads to benef it the proj eet or is not <br />otherwise needed for the operation of the Project for the <br />purposes hereinafter stated and (ii) the action so <br />proposed to be taken will not impair the usefulness of <br />the Project and will not destroy the means of ingress <br />thereto and egress therefrom; and <br /> <br />(g) The proceeds, if any, of any such transaction <br />which shall be paid into the Constructioti Fund or Bond <br />Fund, whichever is appropriate. <br /> <br />SECTION 11. <br /> <br />Assiqnment of Rents, Issues, and Profits. <br /> <br />All leases or occupancy agreements with respect thereto ~Dd all of <br /> <br />the accounts, rents, IIIC::t~~ v charges, issues, proceeds, and <br /> <br />profits of the Project are hereby assigned to the Issuer and the <br /> <br />Trustee as further serurity for the payment of the indebtedness and <br /> <br />performance of the obligations, covenants, promises, and agreements <br /> <br />14 <br /> <br />