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200904064
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Last modified
3/4/2012 12:34:26 PM
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5/26/2009 4:33:19 PM
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DEEDS
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200904064
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U16911 <br />production thereof at the trial or other proceedings relative thereto, and any such suit or proceeding instituted <br />by the Trustee shall be brought for the ratable benefit of the owners of the Bonds, subject to the provisions of <br />this Indenture. <br />Section 6. No waiver of any default or breach of duty by any bondholder or the Trustee <br />shall impair any such right or power or shall be construed to be a waiver of any such default or any <br />subsequent default. <br />ARTICLE X <br />THE TRUSTEE <br />Section 1. The Trustee hereby accepts the trust imposed upon it by this Indenture and agrees <br />to perform said trusts as an ordinarily prudent trustee under a corporate mortgage. The Trustee may resign at <br />any time by giving no less than sixty (60) days' notice to the Corporation and to the College and, within <br />five (5) days after giving such notice, by mailing notice of such resignation to each of the registered owners <br />of the Bonds then outstanding under this Indenture. The Trustee may be removed at any time upon the <br />written request of or upon the affirmative vote of the registered owners of fifty -one percent (51 %) or more in <br />principal amount of Bonds outstanding. In the event of such resignation or removal, a successor may be <br />appointed by the registered owners of fifty -one percent (51 %) or more in principal amount of the Bonds <br />outstanding, and such successor shall have all the powers and obligations of the Trustee theretofore vested in <br />its predecessor; provided that unless and until the successor Trustee shall have been appointed by the <br />registered owners of the Bonds as aforesaid, the Corporation shall forthwith appoint a Trustee to fill such <br />vacancy. Any successor Trustee shall be a bank or trust company located in Nebraska. <br />Section 2. The duties and obligations of the Trustee shall be determined solely by the <br />express provisions of this Indenture and the Trustee shall not be liable except for the performance of such <br />duties and obligations as are specifically set forth in this Indenture. The Trustee shall be protected when <br />acting in good faith upon the advice of its counsel. The Trustee may conclusively rely upon any certificate of <br />the Corporation executed by any two of the directors of the Corporation. The Trustee may require of the <br />Corporation full information and advice as to the performance of all covenants, conditions and agreements of <br />the Corporation contained in this Indenture or any supplement hereto, but the Trustee shall not be required to <br />ascertain or inquire as to the correctness or any information, statements, conclusions or opinions expressed in <br />any certificate, resolution, report, opinion or other document furnished to it pursuant to any provision of this <br />Indenture. <br />Section 3. The Trustee in its individual capacity may become the owner or pledgee of any <br />Bonds with the same rights it would have if it were not a Trustee hereunder. <br />Section 4. The Trustee shall be entitled to reasonable compensation for all services rendered <br />by it in the execution, exercise or performance of any of the powers and duties to be exercised or performed <br />by it pursuant to the provisions of this Indenture and for the reasonable expenses, charges and other <br />disbursements incurred in connection with the exercise and performance of said powers and duties, all of <br />which under the Lease- Purchase Agreement are to be paid to Trustee by the College. <br />23 <br />
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