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764
CITY-OF-BATESVILLE
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4/30/2019 2:22:19 PM
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CM <br />ARTICLE VIII <br />rn <br />PCSSESSICN, USE AND RELEASE CF <br />iCRTGAGED PRCPERTY <br />Section 801.So long as not otherwise provided in this Trust <br />Indenture, the City and any Lessee of the City shall be suffered and permitted <br />to possess, use and enjoy the mortgaged property and appurtenances. <br />Section 802. The Trustee shall be authorized, when requested by <br />the City, to join with the City in taking the necessary steps, or, if required, <br />to execute an appropriate release of the lien of this Indenture, (a) to grant <br />sewer, utility, road and street easements over, along, across and under the <br />mortgaged property, provided that the location of any such easements and the <br />nature thereof shall not interfere with the present or logical future use of the <br />mortgaged property by any Lessee of the City, or (b) on a partial condemnation <br />(or threat of condemnation) of the Project covered by Section 1401B of the Lease <br />Agreement, and in the case of either (a) or (b) above, the Trustee shall be <br />entitled to rely upon and act in accordance with a certificate of a duly qualified <br />engineer, who may be an engineer employed by the Lessee of the Tease Agree- <br />ment, and the prior written approval of the Lessee of the Lease Agreement shall <br />be obtained in each instance. <br />Section 803. It is hereby recognized by the City and the Trustee <br />that the Lessee under the Lease Agreement, to the extent provided in Article <br />XXIII, has reserved the right therein to obtain the release from the lien of <br />this Indenture of certain of the mortgaged lands for use in any expansion program <br />of the said Lessee. Upon a sufficient showing to the Trustee that the terms, <br />provisions and conditions of the Lease Agreement pertaining to such release <br />have been met and satisfied, the Trustee shall, and is hereby authorized and <br />
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