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85-= 004553 railroad, utility services or roads to benefit the Project or is not otherwise needed for the operation of the Project for the purposes hereinafter stated and (ii) the action so proposed to be taken will not impair the usefulness of the Project and will not destroy the means of ingress thereto and egress therefrom; (g) There shall be filed with the Trustee a certificate signed by the Treasurer of the Issuer stating the amount of money that shall be deposited with the Trustee in payment for the parcel or parcels of land so released and removed, which for the purposes thereof shall be equal to the fair market value thereof as determined by the Treasurer of the Issuer (who may rely upon an appraisal furnished by the Borrower); and (h) There shall be filed with the Trustee the opinion of Bond Counsel stating that the release will not affect the tax exempt status of the interest on any outstanding Bonds. Section 12. Assignment of Rents, Issues and Profits. All of the rents, issues, proceeds and profits of the Project are hereby assigned to the Issuer and the Trustee as further security for the payment of the indebtedness and performance of the obligations, covenants, promises and agreements secured hereby. In case default be made in payment of any indebtedness secured hereby or in the per- formance of any of the Borrower's agreements herein-con- tained, or in the Agreement, or any of the Notes and only upon such default, the Trustee shall be entitled at any time without notice, in its sole discretion, either by its agents, attorneys, employees or by a receiver to he appoint- ed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, to enter upon and take possession of the Project or any part thereof, and to do and perform any act that the Trustee may deem neces- sary or proper to conserve the value thereof, and to collect and receive all rents, issues and profits thereform, includ- ing those past due and unpaid, as well as those accruing thereunder. The Borrower further agrees that the Trustee may also take possession of, and use any and all personal property contained in the Project and used by the Borrower in the operation, rental or leasing of the Project or any part thereof. The Trustee shall apply all such rents, issues and profits collected or received by it in the manner as provided in the Indenture. The expense (including receiver's fees, if any, the compensation to any agent appointed by the Trustee, and counsel fees and costs and disbursements) incurred in taking possession and effecting such collection, shall be deemed a portion of the expense of this Mortgage secured hereby. Neither the collection of -12-