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1994-06-21 Minutes
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1994-06-21 Minutes
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ARTICLE X <br />• TRUSTEE; TENDER AGENT; REMARKETING AGENT <br />Section 1001. Acceptance of the Trusts. The Authority <br />initially appoints The Norwest Bank Indiana, N.A., as Trustee, <br />Paying Agent and Registrar. The Trustee hereby accepts and agrees <br />to execute the trusts imposed upon it by this Indenture, but only <br />upon the terms and conditions set forth herein, to all of which the <br />Authority agrees and the respective owners of the Bonds agree by <br />their acceptance of delivery of any of the Bonds. The Trustee, <br />prior to the occurrence of an Event of Default hereunder and after <br />the curing of all Events of Default hereunder which may have <br />occurred, undertakes to perform such duties and only such duties <br />as are specifically set forth in this Indenture and to perform such <br />trusts as an ordinarily prudent trustee under a corporate indenture <br />and no other implied covenants or obligations should be read into <br />this Indenture against the Trustee. If an Event of Default has <br />occurred and is continuing, the Trustee shall exercise such of the <br />rights and powers vested in it by this Indenture and shall use the. <br />same degree of care as a prudent person would exercise in the <br />circumstances in the conduct of such person's own affairs. The <br />Trustee agrees to perform such trusts upon and subject to the <br />following expressed terms and conditions: <br />(a) The Trustee may execute any of the trusts or powers <br />• hereof and perform any of its duties by or through attorneys, <br />agents or receivers and shall not be responsible for the misconduct <br />or negligence of any such attorneys, agents or receivers appointed <br />in the exercise of the care of an ordinarily prudent trustee, and <br />shall be entitled to advice of counsel concerning all matters of <br />trusts hereof and duties hereunder, and may in all cases pay such <br />reasonable compensation to any attorney, agent, receiver or <br />employee retained or employed by it in connection herewith. The <br />Trustee may act upon the opinion or advice of an attorney, <br />surveyor, engineer or accountant selected by it in the exercise of <br />reasonable care or, if selected or retained by the Authority, <br />approved by the Trustee in the exercise of such care. The Trustee <br />shall not be responsible for any loss or damage resulting from any <br />action or omission based on its good faith reliance upon such <br />opinion or advice. <br />(b) The Trustee shall not be responsible for any recital <br />herein, or in the Bonds (except with respect to the certificate of <br />the Trustee endorsed on the Bonds), or for the investment of moneys <br />as herein permitted (except that no investment shall be made except <br />in compliance with Sections 407 and 411 hereof and the Tax <br />Exemption Agreement), or for the recording or re-recording, filing <br />or re-filing of this Indenture, or any supplement or amendment <br />thereto, or the filing of financing statements, or for the validity <br />of the execution by the Authority of this Indenture, or of any <br />supplemental indentures or instruments of further assurance, or for <br />• 87 <br />
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