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~ states, rights, power and duties, any and all such deeds, conveyances and instruments
<br />on request, and so far as may be authorized by law, be executed, acknowledged and
<br />3 County.
<br />4
<br />5 (L) MERGER OR CONSOLIDATION. Any company into which the Trustee
<br />6 or converted or with which it may be consolidated or any company resulting frc
<br />7 conversion or consolidation to which it shall be a party or any company to which ~
<br />8 sell or transfer all or substantially all of its corporate trust business shall be the :
<br />9 Trustee without the execution or filing of any paper or the performance of any furth
<br />l0 that such company shall: (i) meet the requirements of Section 907(J) above; (ii) bf
<br />11 company organized under the laws of any state of the United States or a national banl~
<br />12 and (iii) be authorized by law to perform all the duties imposed upon it by this Ag:
<br />13
<br />14 (M) APPOINTMENT OF CO-TRUSTEE. There shall be no violation of ~
<br />15 jurisdiction (including particularly the law of the State of Oregon) denying or restric
<br />16 banking corporations or associations to transact business as trustee in such jur
<br />17 recognized that in case the Trustee deems that by reason of any present or fut
<br />18 jurisdiction it may not exercise any of the powers, rights or remedies herein grante
<br />t9 or hold title to the properties, in trust, as herein granted, or take any action which rr
<br />20 or necessary that the Trustee appoint an additional individual or institution qual:
<br />21 trustee under this Agreement as a separate or co-trustee. The following provision:
<br />~ 907(M) aze adapted to these ends.
<br />24 In the event that the Trustee appoints an additional individual or institution
<br />25 co-trustee, each and every remedy, power, right, claim, demand, cause of action, ir
<br />2~ title, interest, duty, obligation and lien expressed or intended by this Agreement to 1
<br />27 or vested in or conveyed to the Trustee with respect thereto shall be exercisable by ,
<br />28 separate or co-trustee but only to the extent necessary to enable such separate
<br />29 exercise such powers, rights and remedies, and every covenant and obligation r
<br />3o exercise thereof by such separate or co-trustee shall run to and be enforceable by e
<br />31
<br />32
<br />~?
<br />34
<br />35
<br />36
<br />37
<br />38
<br />39
<br />40
<br />writing shall,
<br />ivered by the
<br />nay be merged
<br />n any merger,
<br />~e Trustee may
<br />iccessar to the
<br />r act, provided
<br />a bank or trust
<br />ng association;
<br />ny law of any
<br />ng the right of
<br />sdiction. It is
<br />~re law of any
<br />to the Trustee
<br />~y be desirable
<br />ied to act as a
<br />of this Section
<br />a separate or
<br />iunity, estate,
<br />exercised by,
<br />i vest in such
<br />co-trustee to
<br />essary to the
<br />~er of them.
<br />Should any instrument in writing from the County be required by the separ te or co-trustee
<br />so appointed by the Trustee for more fully and certainly vesting in and confi ing to it, such
<br />properties, rights, powers, trusts, duties and obligations, any and all such instruments n writing shall,
<br />on request, be executed, acknowledged and delivered by the County. In case any separate or co-
<br />trustee or a successor to either become incapable of acting, resign or be removed, all the estates,
<br />properties, rights, powers, trusts, duties and obligations of such separate or co-t stee, so far as
<br />permitted by law, shall vest in and be exercised by the Trustee until the appointment f a new Trustee
<br />or successor to such separate or co-trustee. ~
<br />FINANCING AND TRUST AGREEMENT
<br />PAGE 57
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