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739
CITY-OF-BATESVILLE
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4/30/2019 2:09:23 PM
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O'i <br />Page 2 6 <br />En <br />Section 22. The Trustue shall only be responsible for the exercise <br />of good faith and reasonable prudence in the execution of its trust. The re- <br />citals in this Ordinance and in the face of the bonds are the recitals of the <br />City and not of the Trustee. The Trustee shall not be required to take any action <br />as Trustee unless it shall have been requested to do so in writing by the holders <br />and registered owners of not less than ten per cent (10%) in principal amount of <br />the Sewer Revenue Bonds then outstanding and shall have been offered reason- <br />able security and indemnity against the costs, expenses and liabilities to be <br />incurred therein or thereby. The Trustee may resign at any time by ten (10) <br />days notice in writing to the City, and the majority in value of the holders and <br />registered owners of the outstanding Sewer Revenue Bonds at any time, with <br />or without cause, may remove the Trustee. In the event of a vacancy in the <br />office of Trustee, either by resignation or by removal, the majority in value <br />of the holders and registered owners of the outstanding Sewer Revenue Bonds <br />may appoint a new Trustee, such appointment to be evidenced by a written <br />instrument or instruments filed with the City Clerk. If the majority in value <br />of the holders and registered owners of the outstanding Sewer Revenue Bonds <br />shall fail to fill a vacancy within thirty (30) days after the same shall occur, <br />then the City shall forthwith designate a new Trustee by a written instrument <br />filed in the office of the City Clerk. The original Trustee and any successor <br />Trustee shall file a written acceptance and agreement to execute the trust <br />imposed upon it or them by this Ordinance, but only upon the terms and con- <br />ditions set forth in this Ordinance and subject to the provisions of this Ordinance, <br />to all of which the respective holders and registered owners of the bonds agree. <br />Such written acceptance shall be filed with the City Clerk, and a copy thereof <br />shall be placed in the bond transcript. Any successor Trustee shall have all <br />the powers herein granted to the original Trustee. Any Trustee that resigns or <br />
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