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200906254
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Last modified
7/29/2009 4:38:07 PM
Creation date
7/29/2009 4:32:23 PM
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DEEDS
Inst Number
200906254
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200906254 <br />provisions of this Indenture (excluding principal not then due except by reason of said <br />declaration) and all arrears of interest and interest then due, if any, upon all bonds then <br />outstanding, and any moneys thereafter deposited in the Bond Fund shall be applied in <br />accordance with the provisions of Article V hereof. <br />Whenever moneys are to be applied pursuant to the provisions of subsections (a) and (b) of <br />this Section 6, (i) such moneys shall be applied by the Trustee at such times, and from time to time, as the <br />Trustee in its sole discretion shall determine, having due regard to the amount of such moneys available for <br />application or the likelihood of additional moneys becoming available for such application in the future; (ii) <br />the deposit of such moneys, in trust for the proper purpose, shall constitute proper application by the Trustee; <br />and (iii) the Trustee shall incur no liability whatsoever to the Corporation, to the College, to any bondholder <br />or to any other person for the delay in applying any such moneys, so long as the Trustee acts with reasonable <br />diligence, having due regard to the circumstances, and ultimately applies the same in accordance with such <br />provisions of this Indenture as may be applicable at the time of application by the Trustee. Whenever the <br />Trustee shall exercise such discretion in applying such moneys, it shall fix the date (which shall be an Interest <br />Payment Date unless the Trustee shall deem another date more suitable) upon which such application is to be <br />made and upon such date interest on the amounts of principal to be paid on such date shall cease to accrue. <br />The Trustee shall give such notice as it may deem appropriate of the fixing of any such date and shall not be <br />required to make payment of principal to the owner of any bond until such bond shall be surrendered to the <br />Trustee for appropriate endorsement, or for cancellation if fully paid. <br />Section 7. The Trustee shall be entitled and empowered, either in its own name or as trustee <br />of an express trust, or as attorney in fact for the Owners of the Bonds or in any one or more of such <br />capacities, to file such proof of debt, amendment of proof of debt, claim, petition or other document as may <br />be necessary or advisable in order to have the claims of the Trustee and of the owners of the bonds allowed in <br />any equity receivership, insolvency, bankruptcy, liquidation, readjustment, reorganization or other similar <br />proceedings relative to the Corporation, the College or the Project. For this purpose the Trustee is hereby <br />irrevocably appointed the true and lawful attorney in fact of the respective owners of the bonds (and the <br />successive owners of the bonds by taking and holding the same shall be conclusively deemed to have so <br />appointed the Trustee) with authority to make and file in the respective names of the owners of the bonds any <br />such proof of debt, amendment of proof of debt, claim, petition or other document in any such proceedings, <br />and to receive payment of any sums becoming distributable on account thereof, and to execute any such other <br />papers and documents and to do and perform any and all acts and things for and on behalf of the owners of <br />the bonds as may be necessary or advisable in the opinion of the Trustee in order to have the respective <br />claims of the Trustee and of the owners of the bonds allowed in any such proceeding and to receive payment <br />of and on account of such claims. However, nothing contained herein shall be deemed to give the Trustee <br />any right to accept or consent to any plan of reorganization or compromise or otherwise take any action of <br />any character in any such proceeding to waive or change in any way any rights of any owners of bonds, <br />which rights shall be and remain exercisable by the owners of the bonds to the full extent provided by law. <br />Section 8. Anything in this Indenture to the contrary notwithstanding, the owners of not less <br />than a majority of principal amount of the bonds at the time outstanding (determined in accordance with the <br />provisions of Article X hereof) shall be authorized and empowered and have the right, by an instrument or <br />concurrent instruments in writing delivered to the Trustee, (a) to direct the time, method and place of <br />conducting any proceeding for any remedy to be taken by the Trustee hereunder or available to the Trustee <br />hereunder or available to the owners of the bonds, or exercising any trust or power conferred upon the <br />Trustee hereunder, or (b) on behalf of the owners of the bonds then outstanding, to consent to the waiver of <br />any event of default or its consequences, and the Trustee hereunder shall waive any event of default and its <br />consequence upon the written request of the owners of such majority.. <br />28 <br />
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