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83000621
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83000621
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Last modified
11/18/2008 12:54:50 AM
Creation date
11/18/2008 12:53:48 AM
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DEEDS
Inst Number
83000621
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I <br />83-- ~a(~6~~. <br />agrees to perform said trusts, but only upon and subject to <br />the Following express terms and conditions: <br />(a) Trustee, prior to the occurrence of an Event <br />of Default and after the curing of ail Events of Default <br />which may have occurred, undertakes to perform such <br />duties and only such duties as are specifically set <br />forth in this Indenture. In case an Event of Default <br />has occurred (which has not been cured or waived}, <br />Trustee shall exercise such of the rights and powers <br />vested in it by this Indenture, and use the same degree <br />of care and skill in the exercise of such rights and <br />powers as an ordinary, prudent trustee would exercise or <br />use under a corporate mortgage. <br />(b) Trustee may execute any of the trusts or <br />powers hereof and perform any of its duties by or <br />through attorneys, agents, receivers or employees, but <br />shall be answerable for the conduct of the same in <br />accordance with the standard specified above, and shall <br />be entitled to advice of counsel concerning its duties <br />hereunder, and may in all cases pay such reasonable <br />compensation to all such attorneys, agents, receivers <br />and employees as may reasonably be employed in connec- <br />tion with the trusts hereof. Trustee may act upon the <br />opinion or advice of any attorney (who may be the attor- <br />ney or attorneys for Issuer or Company) approved by <br />Trustee in the exercise of reasonable care. Trustee <br />shall not be responsible for any loss or damage result- <br />ing from any action or inaction in good faith in reli- <br />ance upon such opinion or advice. <br />{c} Trustee shall not be responsible for any <br />recital herein or in the Bonds {except with respect to <br />the certificate of Trustee endorsed on the Bonds), or <br />for insuring the Project, or far collecting any insur- <br />ance moneys, or far the validity of the execution by <br />Issuer of this Indenture or of any supplements hereto or <br />instruments o£ further assurance, ar for the sufficiency <br />of the security for the Sonds issued hereunder or <br />intended to be secured 'Hereby, or for the value or title <br />of the Project or any lien waivers with respect to the <br />Project, and Trustee shall not be bound to ascertain or <br />inquire as to the performance or observance of any <br />covenants, conditions or agreements on the part of <br />Issuer or on the part of Company under the Agreement in <br />connection with the matters referred to in Sections 5.4 <br />through 5.8 of the Agreement, except as hereinafter set <br />forth; but Trustee may require of Issuer or Company full <br />information and advice as to the performance of the <br />_37_ <br /> <br /> <br /> <br />
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