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(c) If the principal of all of the Bonds has been declared to be due and payable, and
<br /> if that declaration thereafter has been rescinded and annulled, subject to the provisions of
<br /> paragraph (b) above in the event that the principal of all of the Bonds becomes due and payable
<br /> later, such money is to be deposited in the Bond Fund and applied in accordance with the
<br /> provisions of the Indenture.
<br /> (d) After payments have been made as set forth in paragraphs (a) — (c) above, any
<br /> remaining balance shall be used for payment of any costs, expenses, liabilities and advances paid,
<br /> incurred or made by the Trustee in the collection of moneys and to all fees of the Trustee for
<br /> Ordinary and Extraordinary Expenses pursuant to any right given or action taken under the
<br /> provisions of the Indenture or the provisions of the Loan Agreement, the Regulatory Agreement
<br /> or the Note (including without limitation, reasonable attorneys' fees and expenses, except as
<br /> limited by law or judicial order or decision entered in any action taken under the Indenture).
<br /> Whenever money is to be applied pursuant to the provisions described under this subcaption, such
<br /> money is to be applied at such times, and from time to time, as the Trustee determines, having due regard
<br /> to the amount of money available for application and the likelihood of additional money becoming
<br /> available for application in the future. Whenever the Trustee is to direct the application of such money, it
<br /> is to fix the date upon which the application is to be made, and upon that date, interest is to cease to
<br /> accrue on the amounts of principal, if any, to be paid on that date, provided the money is available
<br /> therefor. The Trustee is to give notice of the deposit with it of any money and of the fixing of that date,
<br /> all consistent with the requirements of the Indenture for the establishment of, and for giving notice with
<br /> respect to, a Special Record Date for the payment of overdue interest. The Trustee will not be required to
<br /> make payment of principal of a Bond to the Holder thereof until the Bond is presented to the Trustee for
<br /> appropriate endorsement or for cancellation if it is paid fully.
<br /> Rights and Remedies of Holders
<br /> A Holder will not have any right to institute any suit, action or proceeding for the enforcement of
<br /> the Indenture, for the execution of any trust under the Indenture, or for the exercise of any other remedy
<br /> under the Indenture,unless:
<br /> (a) there has occurred and is continuing an Event of Default of which the Trustee has
<br /> been notified, as provided in the Indenture, or of which it is deemed to have notice under the
<br /> Indenture,
<br /> (b) the Holders of at least 25% in aggregate principal amount of Bonds then
<br /> outstanding have made written request to the Trustee and have afforded the Trustee reasonable
<br /> opportunity to proceed to exercise the remedies,rights and powers granted under the Indenture or
<br /> to institute the suit, action or proceeding in its own name, and have offered indemnity to the
<br /> Trustee as provided in the Indenture,and
<br /> (c) the Trustee thereafter has failed or refused to exercise the remedies, rights and
<br /> powers granted under the Indenture or to institute the suit, action or proceeding in its own name.
<br /> At the option of the Trustee, that notification (or notice), request, opportunity and offer of indemnity are
<br /> conditions precedent in every case,to the institution of any suit,action or proceeding described above.
<br /> No one or more Holders of the Bonds will have any right to affect, disturb or prejudice in any
<br /> manner whatsoever the security or benefit of the Indenture by its or their action, or to enforce, except in
<br /> the manner provided therein, any remedy, right or power under the Indenture. Any suit, action or
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