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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
Inst Number
85006350
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85-- 00635` <br />further amount as shall be sufficient to cover the costs and <br />expenses of collection, including a reasonable compensation to <br />the expensestor,liabilitiestincurr and and any <br />Trustee. <br />In case there shall be pending proceedings for the bank- <br />ruptcy or for the reorganization of the Company under the <br />Federal bankruptcy laws or any other applicable law, or in case <br />a receiver or trustee shall have been appointed for the prop- <br />erty of the Company or in the case of any other similar <br />judicial proceedings relative to the Company or to the <br />creditors or property of the Company the Trustee shall be <br />entitled and empowered, by intervention in such proceedings or <br />otherwise, to file and prove a claim or claims for the whole <br />amount owing and unpaid pursuant to this Agreement and, in case <br />of any judicial proceedings, to file such proofs of claim and <br />other papers-or documents as may be necessary or advisable in <br />order to have the claims of the Trustee allowed in such <br />judicial proceedings relative to the Company, its creditors, or <br />its property, and to collect and receive any moneys or other <br />property payable or deliverable on any such claims, and to <br />distribute the same after the deduction of its charges and <br />expenses; and any receiver, assignee or trustee in bankruptcy <br />or reorganization is hereby authorized to make such payments to <br />the Trustee, and to pay to the Trustee any amount due it for <br />compensation and expenses, including counsel fees incurred by <br />it up to the date of such distribution. <br />No recourse shall be had for any claim based on this <br />Agreement against any officer, director, stockholder or <br />employee, past, present or future, of the Company as such, <br />either directly or through the Company, under any <br />constitutional provision, statute: or rule of law, or by the <br />enforcement of any assessment or by any legal or equitable <br />proceeding or otherwise. <br />Section 9.3. No Remedy Exclusive. No remedy herein <br />conferred upon or reserved to Trustee or issuer is intended to <br />be exclusive of any other available remedy or remedies, but <br />each and every such remedy shall be cumulative and shall be in <br />addition to every other remedy given under this Agreement or <br />now or hereafter existing at law or in equity. No delay or <br />omission to exercise any right or power accruing upon any <br />default shall impair any such right or power or shall be <br />construed to be a waiver thereof, but any such right and power <br />may be exercised from time to time and as often as may be <br />deemed expedient. In order to entitle Trustee or Issuer to <br />exercise any remedy reserved in this Article, it shall not be <br />necessary to give any notice, other than such notice as may be <br />-44- <br />
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