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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
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81006050
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2A4 <br /> <br />statewide circulation published in the State of Nebraska not <br />less than sixty (60) days before such resignation is to take <br />effect, but such resignation shall take effect immediately <br />upon the a~•;..intment of a sucessor Trustee hereunder, if <br />such Trus:.ee shall be appointed before the time limited by <br />such notice and shall then accept the trusts thereof. <br />Section 913. Removal of Trustee. (a) The Trustee may <br />be removed without cause at any tine by an instrument or <br />concurrent instruments in writing, executed by the holders <br />of not less than sixty-six and two-thirds percent (66 2/3%) <br />in aggregate principal amount of the Bonds hereby secured <br />and then outstanding an~ filed with the Issuer, and notice <br />in writing given by such holders to the agent for the Issuer <br />and published once in a newspaper of general statewide <br />circulation published in the State not less than sixty (60) <br />days before such removal is to take effect as stated in said <br />instrument or instruments. A photographic copy of any <br />instrument filed with the Issuer under the provisions of <br />this paragraph shall be delivered promptly by the Issuer to <br />the Trustee and the Company. <br />(b) The Trustee may also be removed at any time for <br />any breach of trust, willful misconduct, negligence or for <br />acting or proceeding in violation of, or for failing to act <br />or proceed in accordance with, any provision of this <br />Indenture or the Lease with respect to the duties and <br />obligations of the Trustee by any court of competent juris- <br />diction upon the application of the Issuer or by 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 />under this Indenture. <br />Section 914. A ointment of Successor Trustee. If at <br />any time hereafter the Trustee shal resign, be removed, be <br />dissolved or otherwise become incapable of acting, or the <br />financial institution acting as Trustee shall be taken over <br />by any governmental official, agency, department or board, <br />the position of Trustee shall thereupon become vacant. Tf <br />the position of Trustee shall become vacant for any of the <br />foregoing reasons, or for any other reason, the Governing <br />Body shall appoint a Successor Trustee to fill such vacancy. <br />The Governing Body shall publish notice of any such <br />appointlaent by it made once in each week for two (,~) <br />successive weeks in a newspaper of general statewide <br />circulation published in the State, and, before the second <br />publication of such notice, shall mail a copy thereof to the <br />agent for the Issuer, if any, and to the Company. <br />At any time within one year after any such vacancy <br />shall have occurred, the holders of a majority in principal <br />amount of the Bonds hereby secured and then outstanding, by <br />an instrument or concurrent instruments in writing, executed <br />by such Bondholders and filed wi~ the Issuer, may appoint a <br />68 <br /> <br /> <br />
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