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1981
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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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<br />81-- y~~a~a~r:` <br />loss far, any loss or damage insured against or which may <br />occur, or t~ keep itself informed or advised as to the <br />payment of ~.ny taxes or assessments, or to require any such <br />payment to he made. The Trustee shall have no res~nsi- <br />bility in respect of the validity or sufficiency of this <br />Indenture or the Lease or the due execution or acknowl- <br />edgment thereof, ~.r in respect of the validity of the Bonds <br />or the due execution or issuance thereof. The Trustee shall <br />be under no obligation to see that any duties herein or in <br />the Lease, the Contract, the Sublease or the Guaranty <br />imposed upon the Issuer, Consulting Engineers, the Company, <br />the Guarantors, the Sublessee, the Project Manager, or any <br />party other than itself, or any covenants herein or ti~erein <br />contained on the part of any party other than itself ~,~.o be <br />performed, shall be done or performed, and the Trustee shall <br />be under no obligation for failure to see that any such <br />duties or covenants are so done or performed. <br />Section 904. Trustee Not Liable for Failure of Issuer <br />to Act. The Trustee shal not be hob e or response e <br />because of the failure of the Issuer or any of its employees <br />or agents to make any collections or deposits or to perform <br />any act herein required of the Issuer under this Indenture. <br />The Trustee shall not be responsible for rlie application of <br />any of the proceeds of the Bonds or any other moneys <br />deposited with it and paid out, withdrawn or transferred <br />hereunder, if made in accordance with the provisions of this <br />Indenture. The immunities and exemptions from liability of <br />the Trustee hereunder shall extend to its directors, <br />officers, employees and agents. <br />Section 905. Compensation of Trustee. Subject to the <br />provisions of the Lease with respect thereto, the Issuer <br />shall cause to Jbe paid to the Trustee reasonable compen- <br />sation for all services performed by it hereunder and under <br />the Lease, and also all of its reasonable expenses, charges <br />and other disbursements and those of its attorneys, agents <br />and employees incurred in and about the administration and <br />execution of the trusts hereby created and the performance <br />of its powers and duties hereunder and under the Lease, and <br />the Issuer shall cause the Trustee to be indemnified and <br />saved harmless against any liability which it may incur in <br />the proper exercise and performance of its powers and duties <br />hereunder. If any payment required by this Section shall <br />not be made, the Trustee may make such payment from any <br />moneys which are or may come into its possession under the <br />provisions of this Indenture and shall be entitled to a <br />preference therefor over any of the Bonds at any time <br />outstanding hereunder. <br />Section 906. Annual Statement of Trustee. It shall be <br />the duty of the Trustee, on or a ore a 31st day of <br />January in each Fiscal Year, to file with the Issuer and <br />the Company an annual statement setting forth in respect of <br />the year ending the preceding Fiscal Year: <br />65 <br /> <br />J <br /> <br /> <br />
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