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Section 8.7. Removal of the Trustee. The Trustee may be removed at any time by an <br /> instrument or concurrent instruments in writing delivered to the Trustee and to the Issuer and <br /> signed by all the Bondholders. <br /> Section 8.8. Appointment of Successor Trustee by the Bondholders; Temporary Trustee. <br /> In case the Trustee hereunder shall resign or be removed, or be dissolved, or shall be in course of <br /> dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case it shall <br /> be taken under control of any public officer or officers, or of a receiver appointed by a court, a <br /> successor may be appointed by the owners of a majority in aggregate principal amount of Bonds <br /> then outstanding, by an instrument or concurrent instruments in writing signed by such owners, <br /> or by their attorneys-in-fact, duly authorized; provided, nevertheless, that in case of such <br /> vacancy, the Issuer, by an instrument executed by one of its duly authorized officers, may <br /> appoint a temporary Trustee to fill such vacancy until a successor Trustee shall be appointed by <br /> the Bondholders in the manner above provided; and any such temporary Trustee so appointed by <br /> the Issuer shall immediately and without further act be superseded by the Trustee so appointed <br /> by such Bondholders. Every such Trustee appointed pursuant to the provisions of this Section <br /> shall be a trust company or bank, having a reported capital and surplus of not less than One <br /> Hundred Million Dollars ($100,000,000) if there be such an institution willing, qualified and able <br /> to accept the trust upon reasonable or customary terms. <br /> Section 8.9. Concerning AU Successor Trustees. Every successor Trustee appointed <br /> hereunder shall execute, acknowledge and deliver to its predecessor and also to the Issuer and the <br /> Developer an instrument in writing accepting such appointment hereunder, and thereupon such <br /> successor, without any further act, deed or conveyance, shall become fully vested with all the <br /> estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but such <br /> predecessor shall, nevertheless, on the written request of the Issuer, or of its successor, execute <br /> and deliver an instrument transferring to such successor Trustee all the estates, properties, rights, <br /> powers and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all <br /> securities and moneys held by it as Trustee hereunder to its successor. Should any instrument in <br /> writing from the Issuer be required by any successor Trustee for more fully and certainly vesting <br /> in such successor the estate, rights, powers and duties hereby vested or intended to be vested in <br /> the predecessor any and all such instruments in writing shall, on request, be executed, <br /> acknowledged and delivered by the Issuer. The resignation of any Trustee and the instrument or <br /> instruments removing any Trustee and appointing a successor hereunder, together with all other <br /> instruments provided for in this Article shall be filed by the successor Trustee in each office, if <br /> any, where the Indenture shall have been filed. <br /> Section 8.10. Trustee Protected in Relying Upon Resolutions, etc. Subject to the <br /> conditions contained herein, the resolutions, ordinances, opinions, certificates and other <br /> instruments provided for in this Indenture may be accepted by the Trustee as conclusive evidence <br /> of the facts and conclusions stated therein and shall be full warrant, protection and authority to <br /> the Trustee for the release of property and the withdrawal of cash hereunder. <br /> Section 8.11. Appointment of Pang Agent and Registrar; Resignation or Removal of <br /> Paying Agent. 1 st Source Bank is hereby appointed "Paying Agent" under this Indenture. Any <br /> Paying Agent may at any time resign and be discharged of the duties and obligations created by <br /> this instrument and any supplemental indenture by giving at least 30 days' written notice to the <br /> - 37 - <br /> 1\11860514.2 <br />