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85004553
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Last modified
10/18/2011 1:01:12 AM
Creation date
4/1/2008 5:00:30 PM
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DEEDS
Inst Number
85004553
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85- 004553 <br />this purpose, the Borrower hereby constitutes and appoints <br />the Trustee its true and lawful attorney -in -fact with full <br />1 power of substitution in the premises, to complete the <br />construction and equipping of the Building on the Land and <br />hereby empowers said attorney as follows: <br />(a) To, in the name of the Borrower, execute and <br />deliver orders for the disbursement of monies from the <br />Project Fund established in accordance with the Inden- <br />ture; <br />(b) To make such additions and changes and cor- <br />rections in the Plans and specifications for the <br />Project which shall, in the opinion of the Trustee, be <br />necessary or desirable to complete the Project in <br />substantially the manner contemplated by such Plans and <br />Specifications; <br />(c) To employ such contractors, subcontractors <br />and agents, architects and inspectors as shall be <br />required for said purposes; <br />(d) To purchase or install all or any portion of <br />the Equipment; <br />(e) To pay, settle or compromise all existing <br />bills and claims which may be liens against the Pro- <br />ject, or as may be necessary or desirable for the <br />completion of the Project, or for the clearance of <br />Title; and <br />(f) To execute all applications and certificates <br />in the name of the Borrower which may be required by <br />any of the contract documents and to do any and every <br />act which the Borrower might do in its own behalf with <br />respect to or related to the construction of the Pro- <br />ject and the construction, acquisition and installation <br />of all other facilities (including the Equipment) <br />necessary in connection with the Project. <br />The Trustee shall also have power to prosecute and <br />defend all actions or proceedings in connection with the <br />Project and to take such actions and require such perfor- <br />mance as it deems reasonably necessary in connection with <br />the Project. <br />In the event monies in the Project Fund available for <br />payment of the cost of the Project should not be sufficient <br />to pay the cost thereof in full, all sums paid or incurred <br />by the Trustee to complete construction of the Building or <br />to construct, acquire or install the facilities (including <br />the Equipment) necessary in connection with the Project or <br />to complete the Project, shall be repaid by the Borrower <br />together with interest thereon from the date of payment by <br />the Trustee at the rate of one percent ( M per annum <br />-14- <br />L <br />
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