8447-93 Authorizing Economic Development Revenue (P.A.I. Properties $450,000)

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herein or in any supplement to this Mortgage shall be deemed to give the holders of any Notes any rights or remedies superior or inferior to the rights and remedies of the holder or holders of any other Notes; provided, however, that in the event of any disagreement between the Trustee and the holder or holders of or any trustee acting for their benefit concerning the remedies to be pursued in the event of a default, the Trustee under the Indenture shall have the right to direct the remedies to be pursued. Section 6.2 . Conditions to Issuance of. Additional Notes. Prior to the issuance and sale of any Additional Note, and as a condition precedent thereto, the following documents and showings shall be executed and delivered to the Trustee: (a) If an Additional Note is being issued, a supplement to this Loan Agreement, executed by the Borrower and the Issuer, specifying the principal amount, rate of interest, maturity, terms of optional prepayment, if any, and form of such Additional Note and a supplement to the Indenture, executed by the Issuer and the Trustee, creating the Additional Bonds being issued and sold to finance the purchase of such Additional Note, specifying the terms thereof, pledging and assigning such Additional Note as security therefor and providing for the disposition of the proceeds of the sale thereof. (b) A certificate executed by the Borrower stating that no event of default (as defined in Section 7 . 1 hereof with respect to Additional Notes) has occurred and is continuing and that no event has occurred and is continuing which, with the lapse of time or giving of notice, or both, would constitute such an event of default. (c) An opinion of Bond Counsel stating that such Additional Notes have been issued in accordance with the terms and conditions of this Loan Agreement, and that such issuance will have no adverse affect on the tax-free nature for Federal income tax purposes of the interest on any Bonds outstanding. (d) Such other certificates and opinions of counsel as the Trustee may reasonably request. Section 6.3 . Issuer Not Obligated to Accept Additional Notes. Nothing contained in this Mortgage shall be interpreted as creating any obligation on the part of the Issuer to make any loan to the Borrower nor to accept any Additional Note evidencing any such loan, it being the intent hereof to reserve to the Issuer full and complete discretion to decline any such loan; provided, however, that if the Borrower meets and complies with all the conditions and requirements set out in this Article VI, the Issuer shall cooperate fully with the Borrower to procure the financing and shall use its best efforts to make such financing available through Additional Notes issued in accordance with the terms hereof. -33-