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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• (k) Notwithstanding anything elsewhere in this Indenture contained, the Trustee shall <br /> have the right,but shall not be required,to demand, in respect of the authentication of any Bonds, <br /> the withdrawal of any cash,the release of any property,or any action whatsoever within the purview <br /> of this Indenture,any showings,certificates,opinions,appraisals,or other information,or corporate <br /> action or evidence thereof, in addition to that by the terms hereof required as a condition of such <br /> action by the Trustee,deemed desirable for the purpose of establishing the right of the Issuer to the <br /> authentication of any Bonds, the withdrawal of any cash, the release of any property, or the taking <br /> of any other action by the Trustee. <br /> (1) Before taking such action hereunder,the Trustee may require that it be furnished an <br /> indemnity bond or other security satisfactory to it for the reimbursement to it of all expenses to <br /> which it may be put and to protect it against all liability,except liability which is adjudicated to have <br /> resulted from the gross negligence or willful default of the Trustee,by reason of any action so taken <br /> by the Trustee; provided, however, the Trustee shall not require that it be furnished an indemnity <br /> bond prior to (i) declaring the maturity of principal of the Bonds pursuant to Section 1002 hereof, <br /> or(ii)holding, administering and disbursing moneys deposited in the Bond Fund. <br /> Section 1102. Fees. Charges and Expenses of Trustee: Trustee's Prior Lien. The Trustee <br /> shall be entitled to payment and/or reimbursement for its reasonable fees for services rendered <br /> hereunder and all advances, counsel fees and other expenses reasonably and necessarily made or <br /> incurred by the Trustee in and about the execution of the trusts created by this Indenture and in and <br /> • about the exercise and performance by the Trustee of the powers and duties of the Trustee hereunder, <br /> and for all reasonable and necessary costs and expenses incurred in defending any liability in the <br /> premises of any character whatsoever(unless such liability is adjudicated to have resulted from the <br /> gross negligence or willful default of the Trustee). The Issuer has made provisions in the Lease <br /> Agreement for the payment of such reasonable and necessary advances,fees,costs and expenses and <br /> reference is hereby made to the Lease Agreement for the provisions so made. In this regard, it is <br /> understood that the Issuer pledges no funds or revenues other than those derived from and the avails <br /> of the Trust Estate to the payment of any obligation of the Issuer set forth in this Indenture,including <br /> the obligations set forth in this Section 1102,but nothing herein shall be construed as prohibiting the <br /> Issuer from using any other funds and revenues for the payment of any of its obligations under this <br /> Indenture. Upon default by the Issuer, but only upon default, pursuant to the provisions of this <br /> Indenture pertaining to default, the Trustee shall have a first lien with right of payment prior to <br /> payment on account of principal or interest of any Bond issued hereunder upon the Trust Estate <br /> (other than moneys, securities or obligations held for the redemption or payment of Bonds deemed <br /> to have been paid in accordance with Article IX hereof,or funds held pursuant to Section 505 hereof) <br /> for such reasonable and necessary advances, fees, costs and expenses incurred by the Trustee. <br /> Section 1103. Notice to Bondholders of Default. The Trustee shall be required to make <br /> demand upon and give notice to the Company and each registered owner of Bonds then outstanding <br /> as follows: <br /> • <br /> 31 <br />
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