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~ specifying the date when such resignation shall take effect, to each registered wner of related <br />Certificates then Outstanding at his address appearing upon the Certificate registry oks maintained <br />3 by the Trustee, and such resignation shall take effect upon the latest to occur of the day specified in <br />4 such notice or the date upon which the County has appointed a successor and su h successor has <br />5 agreed to act in such capacity. Unless otherwise agreed to in writing by the C unty, any such <br />6 resignation by the Trustee shall, when effective, also serve to remove the Truste as registrar and <br />7 paying agent hereunder. <br />8 <br />9 ~H~ REMOVAL OF TRUSTEE. Except as otherwise expressly provided in a Supplemental <br />l0 Agreement, the Trustee may be removed at any time by an instrument in writin , filed with the <br />ll Trustee, and signed by the County, but no such removal shall be effective until the County has <br />12 appointed a qualified successor and such successor has agreed to act in such capa ity. <br />13 <br />14 Upon any such removal and prior to the effectiveness thereof, the Count shall appoint a <br />15 successor meeting the qualifications hereof to act as Trustee. Unless otherwise ag eed to in writing <br />16 by the County, any such removal of the Trustee shall, when effective, also ser le to remove the <br />17 Trustee as certificate registrar and paying agent hereunder. 'i <br />18 <br />19 (I) FAILURE OF COUNTY TO APPOINT SUCCESSOR. If, within forty-fiv (45) days after <br />20 receipt by the County of a resignation from the Trustee pursuant to Section 907(G) r receipt by the <br />21 Trustee of a notice of removal of the Trustee by the County pursuant to Section 90 (H) hereof, the <br />~2 County has not appointed a qualified successor who has agreed to act as Truste hereunder, the <br />~'.3 Trustee (in the case of its resignation under Section 907(G)), any Credit Provider or the Owner of <br />24 any Certificate may apply to any court of competent jurisdiction to appoint a succes or Trustee. Said <br />25 court may thereupon, after such notice, if any, as such court may deem proper, ap oint a successor <br />26 Trustee that meets the qualifications required hereunder and who has agreed to act n such capacity. <br />27 ' <br />28 (.n FINANCIAL QUALIFICATIONS OF SUCCESSOR TRUSTEE. Any success r to the Trustee <br />29 shall be a bank or trust company or national banking association, doing busine s in the State of <br />30 Oregon, and shall have (or its parent company or holding company shall have) apital stock and <br />31 surplus aggregating at least $50,000,000. <br />32 <br />33 (K) TRANSFER OF RIGHTS AND PROPERTY TO SUCCESSOR TRUSTEE. Any succ:sse: <br />34 Trustee appointed under this Agreement shall execute, acknowledge and deliver t its predecessor <br />35 Trustee, and also to the County, an instrument accepting such appointment (includi g but not limited <br />36 to its appointment as paying agent and certificate registrar hereunder), and thereup such successor <br />37 Trustee, without any further act, deed or conveyance, shall become fully vested ith all moneys, <br />38 estates, properties, rights, power, duties and obligations of such predecessor Truste , with like effect <br />39 as if originally named as such Trustee; but the Trustee ceasing to act shall nev rtheless, on the <br />4o written request of the County or the successor Trustee, execute, acknowledge, deliv r, file and record <br />41 such instrument of conveyance and further assurance and do such other things as y reasonably be <br />42 required for more fully and certainly vesting and confirming in such successor Trus ee any such lien, <br />~ <br />FINANCING AND TRUST AGREEMENT <br />PAGE SC <br />