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81006050
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Last modified
1/14/2010 11:27:18 PM
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1/14/2010 11:25:20 PM
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DEEDS
Inst Number
81006050
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2A4 <br />8I _. c~(1a05P.:~ <br />right to exercise such powers or right of action, as the <br />case may be, shall have accrued, and shall have afforded the <br />Trustee a reasonable opportunity either to proceed to <br />exercise ~.; powers hereinabove granted or to institute such <br />action, suit or proceeding in its or their name; and (iii) <br />there shall have been offered to the Trustee reasonable <br />security and indemnity against the costs, expenses and <br />liabilities to be incurred therein ar thereby, and the <br />Trustee shall nave refused or neglected to comply with such <br />request within a reasonable time; such notification, request <br />and offer of indemnity are hereby declared in every such <br />case, at the option of the Trustee, to be conditions <br />precedent to the execu*.ion of the powers and trusts of this <br />Indenture or to any other remedy hereunder; provided, <br />however, that notwithstanding the foregoing provis_~us of <br />this Section, and without complying therewith, the holders <br />of not less than sixty-six and two-thirds percent (66 2/3%) <br />in aggregate principal amount of the Bonds then outstanding <br />may institute any suit, action or proceeding in their own <br />names for the benefit of all holders of Bonds hereunder. It <br />is understood and intended that, except as otherwise above <br />provided, no one or more holders u.f the Bonds hereby secured <br />shall have any right in any manner whatever by his or their <br />action to affect, disturb or prejudice the security of this <br />Indenture, or to enforce any right hereunder except in the <br />manner herein provided, that all proceedings at law or in. <br />equity shall be instituted, had and maintained in the manner <br />herein provided and for the benefit of all holders of such <br />outstanding Bonds, and that any individual rights of action <br />or other right given to one or more of such holders by law <br />are restricted by this Indenture to the rights and remedies <br />herein provided. <br />Section 808. Action by Trustee Without Possession of <br />Bonds. All rights o~ on under this Indenture or under <br />any of the Bonds secured hereby, enforceable by the Trustee, <br />may be enforced by it without the possession of any of the <br />Bonds or the production thereof at any trial or other <br />proceeding relative thereto, and any such suit, action or <br />proceeding instituted by the Trustee shall be brought in its <br />name for the benefit of all of the holders of such Bonds and <br />coupons, subject to the provisions of this Indenture. <br />t~~ror= the occurrence of an event of default, and upon <br />the- filing of a suit ar other commerieement of judicial <br />proceedings to enforce the rights of the Trustee and of the <br />Bondholders under this Indenture, the Trustee shall be <br />entitled to the appointment of a receiver or receivers of <br />the Project and the Revenue and other income of the Project <br />with such powers as the court making such appointments shall <br />confer. <br />Section 809. No Reined Exclusive. No remedy herein <br />conferred ugan or reserved to t e Trustee or to the holders <br />of the Bonds is intended to be exclusive of any other remedy <br />62 <br /> <br /> <br />
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