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83000621
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Last modified
11/18/2008 12:54:50 AM
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11/18/2008 12:53:48 AM
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DEEDS
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83000621
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<br />83- ~C-~b~: <br />to all amounts then due and payable on the Bonds to be <br />immediately due and payable as liquidated damages under <br />Section 9.2(a) of the Agreement. <br />Upon any sale made either under the power of sale given <br />in this Article IX or under a judgment, order or decree made <br />in any judicial proceedings for the foreclosure or enforce- <br />ment of this Indenture, the principal of ail Outstanding <br />Bonds, if not previously due, shall at once become and be <br />immediately due and payable without declaration or notice by <br />Trustee or the Bondholders. <br />Section 9.03. Surrender of Possession of Project; <br />Rights and Duties of Trustee in Possession. Upon the occur- <br />rence of an. Event of Default, Issuer, upon demand of Trustee, <br />shall forthwith surrender, and it shall be lawful for Trus- <br />tee, by such officer or agent as it may appoint, to take <br />possession of all or any part of the Project together with <br />the books, papers and accounts of Issuer pertaining thereto, <br />and including the rights and the position of Issuer under the <br />Agreement, and to make aiI needful repairs and improvements <br />as Trustee shall deem wise, and to lease or sell the Project <br />or any part thereof in the name and for the account of Issuer <br />and collect, receive and sequester the rental payments, <br />revenues, earnings, income, products and profits therefrom, <br />and out of the same and any moneys received from any receiver <br />pay, or sat up proper reserves for the payment of, all proper <br />costs and expenses of .so taking, holding, leasing, selling <br />and managing the same, including reasonable compensation to <br />Trustee, its agents and counsel, and any charges of Trustee <br />hereunder, and any taxes and assessments and other charges <br />prior to the lien of this Indenture which Trustee may deem it <br />wise to pay, and a1I expenses of such repairs and improve- <br />ments, and apply the remainder of the moneys so received in <br />accordance with the provisions of Section 9.08 hereof. <br />Whenever all that is due upon the Bonds shall have been paid <br />and all Defaults made good, Trustee shall surrender whatever <br />possession Trustee shall retain to Issuer; the same right of <br />entry, however, to exist upon any subsequent Event of Default. <br />While in possession of such property, Trustee shall <br />render annually to Issuer, Company and the Bondholders at <br />their addresses set forth in the list in the registration <br />book required by Section 4.06 hereof a summarized statement <br />of income and expenditures in connection therewith. <br />While any Bonds are Outstanding, Issuer shall not exer- <br />cise any of the remedies on Default specified in Section 9.2 <br />of the Agreement without the prior written consent of Trustee. <br />-30- <br />._..1 <br />~. <br />
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