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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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_._ _ . <br />83- OC~t~b~:~ <br />and Crampany an instrument in writing accepting such appoint- <br />ment hereunder, and thereupon such successor, without any <br />further act, deed or conveyance, shall become fully vested <br />with all the estates, properties, rights, powers, trusts, <br />duties-and obligations of its predecessor; but such predeces- <br />sor shall, nevertheless, on the written request of Issuer, or <br />of its successor, execute and deliver an instrument trans- <br />ferring to such successor all the estates, properties, <br />rights, powers and trusts of such predecessor hereunder; and <br />eveXy predecessor Trustee shall deliver all securities and <br />moneys held by it as Trustee hereunder to its successor. <br />Should any instrument in writing from Issuer be required by <br />any successor Trustee for more fully and certainly vesting in <br />such successor the estate, rights, powers and duties hereby <br />vested or intended to be vested in the predecessor, any and <br />all such instruments in writing shall, on request, be exe- <br />cuted, acknowledged and delivered by Issuer. The resignation <br />of any Trustee and the instrument or instruments removing any <br />Trustee and appointing a successor hereunder, together with <br />all other instruments provided for in this Article, sha21 be <br />filed or recorded by the successor Trustee in each recording <br />office where the Indenture shall have been filed or recorded. <br />Section 10.10. Right of Trustee to Pay Taxes and Other <br />Charges. In case any tax, assessment, governmental or other <br />charge upon, or insurance premium with respect to, any part <br />of the Project is no*_ paid as required herein or in the <br />Agreement, Trustee may_pay such tax, assessment, governmental <br />or other charge, or insurance premium, without prejudice, <br />however, to any rights of Trustee or the Bondholders arising <br />in consequence of such failure; and any amount at any time so <br />paid under this Section, with interest thereon from the date <br />of payment at the Late Payment Rate, shall become so much <br />additional indebtedness secured by this Indenture, and the <br />same shall be given a preference in payment over any of the <br />Bands, and shall be paid out of the proceeds of revenues <br />collected from the Project, if not otherwise caused to be <br />paid; but Trustee shall not be under any obligation to make <br />any such payment unless it shall have been requested to do so <br />by the holders of at least twenty-five percent (25;;) of the <br />aggregate principal amount of Outstanding Bonds and shall <br />have been provided with adequate funds for the purpose of <br />such payment. <br />Section 10.11. Appointment of Co-Trustee. It is the <br />purpose of this Indenture that there shall be no violation of <br />any law of any jurisdiction (including particularly the law <br />of the State) denying or restricting the right of banking <br />corporations or associations to transact business as Trustee <br />in such jurisdiction. It is recognized that in case of <br />litigation under this Indenture or the Agreement, and in <br />-42- <br /> <br /> <br />t~.~ <br />
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