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764
CITY-OF-BATESVILLE
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4/30/2019 2:22:19 PM
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VW VAO* <br />such successor, without any further act, deed or conveyance, shall become <br />fully vested with all the estates, properties, rights, powers, trusts, duties <br />and obligations of its predecessor; but such predecessor shall, nevertheless, <br />on the written request of the City or of its successor trustee, execute and <br />deliver an instrument transferring to such successor all the estates, properties, <br />rights, powers and trusts of such predecessor hereunder; and every predecessor <br />trustee shall deliver all securities and moneys held by it as trustee hereunder <br />to its successor. Should any insuument in writing from the City be required <br />by any successor trustee for more fully and certainly vesting in such successor <br />the estates, rights, powers and duties hereby vested or intended to be vested <br />in the predecessor trustee, any and all such instruments in writing shall, on <br />request, be executed, acknowledged and delivered by the City. The resigna- <br />tion of any trustee and the instrument or instruments removing any trustee and <br />appointing a successor hereunder, together with all other instruments provided <br />for in this Article shall, at the expense of the City, be forthwith filed and/or <br />recorded by the successor trustee in each recording office where the Indenture <br />shall have been filed and/or recorded. <br />Section 1110. In case the City shall fail seasonably to pay or to <br />cause to be paid any tax, assessment or governmental or other charge upon <br />any part of the property herein conveyed, to the e1'tent, if any, that the City <br />may be liable for same, the Trustee may pay such tax, assessment or <br />governmental charge, without prejudice, however, to any rights of the Trustee <br />or the bondholders hereunder arising in consequence of such failure; and any <br />amount at any time so paid under this Section shall be repaid by the City from <br />the revenues derived from the mortgaged property upon demand, and shall <br />become so much additional indebtedness secured by this Indenture, and the <br />same shall be given a preference in payment over any of said bonds, and shall <br />
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