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764
CITY-OF-BATESVILLE
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`tar <br />0 <br />(c) If the principal of all the bonds shall have been declared due <br />and payable, and if such declaration shall thereafter- have een rescinded <br />and annulled under the provisions of this Article then, subject to the pro- <br />visions of paragraph (b) of this Section in the event that the principal of <br />all the bonds shall later become due or be declared due and payable, the <br />moneys shall be applied in accordance with the provisions of paragraph <br />(a) of this Section. <br />Whenever moneys are to be applied by the Trustee pursuant to the <br />provisions of this Section, such moneys shall be applied by .it at such <br />times, and from time to time, as it shall determine, having due regard to <br />the amount of such moneys available for application and the likelihood of <br />additional moneys becoming available for such application in the future. <br />Whenever the Trustee shall apply such funds, it shall fix the date (which <br />shall be an interest payment date unless it shall deem another date more <br />suitable) upon which such application is to be made and upon such date <br />interest on the amounts of principal to be paid on such dates shall cease <br />to accrue. The Trustee shall give such notice as it may deem appropriate <br />of the deposit with it of any such moneys and of the fixing of any such date <br />and shall not be required to make payment to the holder of any unpaid coupon <br />or any bond until such coupon or such bond and all unmatured coupons, if <br />any, appertaining to such bond shall be presented to the Trustee for appropriate <br />endorsement or for cancellation if fully paid. <br />Section 1009. All rights of action (including the right to file proof of <br />claim) under this Indenture or under any of the bonds or coupons may be enforced <br />by the Trustee without the possession of any of the bonds or coupons or the pro- <br />duction thereof in any trial or other proceeding relating thereto and any such suit <br />or proceeding instituted by the Trustee shall be brought in its name as Trustee, <br />
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