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4/30/2019 1:37:16 PM
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M <br />ARTICLE VIII <br />POSSESSION, USE AND RELEASE OF <br />MORTGAGED PROPERTY <br />Section 801. So long as not otherwise provided in <br />this Trust Indenture, the City shall be suffered and permitted <br />to possess, use and enjoy the mortgaged property and appurtenances. <br />Section 802. The City may sell, exchange or otherwise <br />dispose of any property at any time covered by the lien of this <br />Trust Indenture, the retention of which is no longer desirable <br />in the conduct of the City's business pertaining to the mortgaged <br />property or of the business of any Lessee leasing the mortgaged <br />property, and the Trustee shall release the same from the lien <br />hereof, but only upon the following conditions: <br />(a) Any of Lessons machinery, equipment and fixtures <br />may be removed, sold, replaced or otherwise disposed of as pro- <br />vided in the Batesville Rubber Company Lease, and, without limita- <br />tion, particularly in Article VIII thereof, upon the receipt <br />by the Trustee of a certificate signed by an authorized officer <br />of Batesville Rubber Company identifying the machinery, equipment <br />and fixtures and certifying compliance with the provisions of <br />the Batesville Rubber Company Lease pertaining to such removal, <br />sale, replacement or disposition. The Trustee shall, if requested <br />and if satisfied that the removal, sale, replacement or disposition <br />is in accordance with the provisions of Article VIII of the <br />Batesville Rubber Company Lease, take the necessary steps to release <br />said machinery, equipment and fixtures from the lien of this <br />Indenture; <br />(b) As to any of the mortgaged property other than the <br />property referred to in (a) above, the Trustee shall release the <br />same, but only upon the prior receipt by the Trustee of: <br />1. A copy of a resolution certified to as having been <br />duly and properly adopted by the City Council of <br />the City requesting such release; <br />
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