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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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than a majority in principal amount of the Bonds then outstanding relating to the time, <br /> method and place of conducting any proceeding for any remedy available to the Trustee, <br /> or exercising any trust or power conferred upon the Trustee, under this Indenture; and <br /> (iv) no provision of this Indenture shall require the Trustee to expend or risk <br /> its own funds or otherwise incur any financial liability in the performance of any of its <br /> duties hereunder, or in the exercise of any of its rights or powers if it shall have <br /> reasonable grounds for believing that repayment of such funds or adequate indemnity <br /> against such risk or liability is not reasonably assured to it. <br /> (d) Whether or not therein expressly so provided, every provision of this Indenture <br /> relating to the conduct or affecting the liability of or affording protection to the Trustee shall be <br /> subject to the provisions of this Section 6.01. <br /> Section 6.02. Certain Rights and Obligations of the Trustee. Except as otherwise <br /> provided in Section 6.01 hereof: <br /> (a) The Trustee(i) may execute any of the trusts or powers hereof and perform any of <br /> its duties by or through attorneys, agents, receivers or employees (but shall be answerable <br /> therefor only in accordance with the standard specified above), (ii) shall be entitled to the advice <br /> of counsel concerning all matters of trusts hereof and duties hereunder, and (iii) may pay <br /> reasonable compensation in all cases to all of those attorneys, agents, receivers and employees <br /> reasonably employed by it in connection with the trusts hereof The Trustee may act upon the <br /> opinion or advice of any attorney (who may be the attorney or attorneys for the Issuer or the <br /> Borrower) approved by the Trustee in the exercise of reasonable care. The Trustee shall not be <br /> responsible for any loss or damage resulting from any action taken or omitted to be taken in good <br /> faith in reliance upon that opinion or advice. <br /> (b) Except for its certificate of authentication on the Bonds, the Trustee shall not be <br /> responsible for: <br /> (i) any recital in this Indenture or in the Bonds, <br /> (ii) the validity, priority, recording, re-recording, filing or re-filing of this <br /> Indenture or any Supplemental Indenture or the Regulatory Agreement, <br /> (iii) any instrument or document of further assurance or collateral assignment, <br /> (iv) any financing statements, amendments thereto or continuation statements, <br /> (v) insurance of the Project or collection of insurance moneys, <br /> (vi) the validity of the execution by the Issuer of this Indenture, any <br /> Supplemental Indenture or instruments or documents of further assurance, <br /> (vii) the sufficiency of the security for the Bonds issued hereunder or intended <br /> to be secured hereby, <br /> - 37- <br />
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