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200904064
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Last modified
3/4/2012 12:34:26 PM
Creation date
5/26/2009 4:33:19 PM
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DEEDS
Inst Number
200904064
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200904064 <br />thereof to the Corporation by the Trustee, or by the registered owners of not less than fifty -one <br />percent (51 %) or more in aggregate principal amount of Bonds outstanding hereunder. <br />The term "default" shall mean default by the Corporation in the performance or observance <br />of any of the covenants, agreements or conditions on its part contained in this Indenture, or in the Bonds <br />outstanding hereunder, exclusive of any period of grace required to constitute a default as an "event of <br />default ", as hereinabove provided, after giving notice to the Corporation, if applicable. Notwithstanding any <br />other provision of this Indenture, no default shall be declared to be an "event of default" until after the expi- <br />ration of ten (10) days after written notice of such default has been given to the College. <br />Section 2. Upon the occurrence of an event of default, the Trustee may, and upon the <br />written request of the registered owners of fifty -one percent (51 %n) or more in aggregate principal amount of <br />Bonds outstanding hereunder, shall, by notice in writing delivered to the Corporation declare the principal of <br />all Bonds hereby secured then outstanding, and the interest accrued thereon, immediately due and payable. <br />This provision is subject, however, to the condition that if at any time after such declaration of principal and <br />interest as immediately due, and before any further action has been taken other than such declaration, the <br />principal amount of all Bonds which have matured and all arrears of interest, together with the reasonable <br />charges and expenses of the Trustee, shall be paid or caused to be paid, then the registered owners of a <br />majority in principal amount of the Bonds then outstanding, by notice in writing delivered to the Trustee, may <br />require the Trustee to waive such default and its consequences and rescind such declaration. Until it is <br />required to make the declaration hereinabove in this Section provided, the Trustee shall have power to waive <br />any default arising hereunder if, in the opinion of the Trustee, the same shall have been cured or adequate <br />satisfaction made therefor or if the Trustee deems the declaration not to be in the best interest of bondholders. <br />No such waiver shall extend to or affect any subsequent default. <br />Section 3. Upon the occurrence or continuation of an event of default, the Trustee may on <br />its own initiative, and shall upon the written request of the registered owners of not less than fifty -one <br />percent (51 %) in principal amount of the Bonds then outstanding hereunder, and upon being indemnified to <br />its reasonable satisfaction against any and all costs, expenses, outlays, counsel fees and other reasonable <br />disbursements and against all liability, proceed to take steps needful for the protection and enforcement of its <br />rights and the rights of the holders of the Bonds as shall be provided by law, including foreclosure of the <br />mortgage provided herein. <br />Section 4. No registered owner of any of the Bonds shall have any right to institute any suit, <br />action or proceeding in equity or at law hereunder or for any other remedy hereunder unless such owner <br />previously shall have given to the Trustee written notice of any event of default as herein provided and unless <br />the registered owners of not less than fifty -one percent (51 %) in principal amount of the Bonds then <br />outstanding shall have made written request of the Trustee, after the right to exercise such powers or rights of <br />action, as the case may be, shall have accrued, either to proceed to exercise the powers herein granted or to <br />institute such action, suit or proceeding in the name of the Trustee and the Trustee shall have refused or <br />neglected to comply with such request within a reasonable time and after being afforded a reasonable <br />opportunity to do so and after having been offered security and indemnity satisfactory to it against the costs, <br />expenses and liabilities to be incurred therein or thereby, as aforesaid. All actions to enforce any provision of <br />this Indenture shall be instituted and maintained for the equal benefit of all owners of the Bonds, except that <br />nothing herein contained shall impair the right of any owner of any Bond at or after the maturity thereof to <br />reduce the same to judgment. <br />Section 5. All rights of action under this Indenture or under any of the Bonds secured <br />hereby enforceable by the Trustee may be enforced without the possession of any of the Bonds or the <br />22 <br />
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