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81006059
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1/14/2010 11:30:22 PM
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DEEDS
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81006059
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<br />or corporate action or evidence thereof, in addition to <br />that by the terms hereof required as a condition of such <br />action b^ *he Trustee deemed desirable for the purpose <br />of estc;~lahing the right of the Issuer to authentica- <br />tion of any Bonds, the withdrawal of any cash, the <br />release of any property, or the taking of any other <br />action by the Trustee. <br />(1) Before taking such action hereunder the <br />Trustee may require that a satisfactory indemnity bond <br />be furnished for the reimbursement of all expenses to <br />which it may be put and to protect it against all lia- <br />bility, except liability which is adjudicated to have <br />resulted from the negligence or willful default of the <br />Trustee by reason of any action so taken. <br />Section 2. The Trustee shall be entitled to payment <br />and/or reimbursement for reasonable fees for services rendered <br />hereunder, and all advances, counsel fees, accountants' fees, and <br />other expenses reasonably and necessarily made or incurred by the <br />Trustee in and about the execution of the trusts created by this <br />Mortgage, r,>.id in and about the exercise and performance of the <br />powers and duties of the Trustee hereunder, and for the reasonable <br />and necessary costs and expenses in defending any liahility in the <br />premises of any character whatsoever (unless such liability is <br />adjudicated to have resulted from the negligence or willful <br />default by the Trustee). In this regard, the Issuer has made <br />provision in the Lease and Agreement for the payment of sai=i rea- <br />sonable and necessary advances, fees, costs, and ett~anse~ and <br />reference is hereby made to the i,ease and Agreement for the pr~~- <br />visions so made, Upon default, but only upon default, by the <br />Issuer pursuant to the provisions of this Mortgage pertaining to <br />default, the Trustee shall have a first lien with right of payment <br />prior to payment on account of interest on or principal of an}' <br />Bond issued hereunder upon the mortgaged property for the said <br />reasonable and necessary advances, fees, costs, and expenses <br />incurred by it. <br />Section 3. If an event of default occurs, then th€ <br />Trustee shall give written notice thereof by mail to the parso n; <br />whose addresses are on the list kept under Article IV, Section 6. <br />Section 4. in any judicial proceeding to which the <br />Zssuer is a party and which, in the opinion of the Trustee and its <br />counsel, has a substantial bearing on the interest of Owners of <br />the Sonde is-sued hereunder, the Trustee may intervene on behalf <br />14-c <br />
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