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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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1 accardance with the provisions of Sections 202(C)(3) and 801(E) of this Agreemeilt and the terms <br />? of the Insurance Policy. <br />3 <br />4 All moneys received by the Trustee under the Insurance Policy shall be applied in <br />~ accordance with the terms and provisions of this Agreement to the payment of the principal of <br />6 and interest on the 1998 Certificates. <br />7 <br />8 The County agrees that the Trustee in its name or in the name of the County may enforce <br />9 all rights of the Trustee and of the County and all obligations of the Insurer (including the <br />~o obligation of such Insurer to honor demands for payment duly presented in accordance with the <br />I 1 terms and conditions of the Insurance Policy) under and pursuant to the ~Insurance Policy for the <br />I? benefit of the Owners of the 1998 Certificates secured thereby. The Trustee agrees to assume and <br />i3 perform the duties and obli~ations contemplated under the Insurance Policy to be assumed and <br />~ 4 performed by the Trustee. ~ <br />~5 <br />I6 (D) RIGHTS OF 1998 CERTIFICATE INSURER CONTROLLING. Anything herein to the contrary <br />17 notwithstanding and except as otherwise provided below, if an Insurance Policy is in effect with <br />i 8 respect to the 1998 Certificates and the Insurer is not in default of its obligation to make <br />19 payments thereunder, the Insurer shall be deemed to be the Owner of all 1998 Certificates then <br />?o Outstanding, with the exclusive right to exercise or direct the exercise of remedies on behalf of <br />2l the Owners of the 1998 Certificates in accordance with the terms hereof following an Event of <br />22 Default or a Termination Event, and the principal of all such 1998 Certificates Outstanding may <br />2~ not be declared to be due and payable immediately without the prior written consent of the <br />2a Insurer; provided that nothin~ herein is intended, nor shall it be construed, to permit the Insurer <br />25 (as deemed Owner of the 1998 Certificates as provided above) to consent to any of the followinb: <br />26 <br />?7 (1) any decrease in the principal component evidenced by any 1998 Certificate; <br />~g <br />?9 (2) any change in the maturity date of the principal component evidenced by any 1998 <br />3o Certificate (other than by virtue of an acceleration following an Event of Default or a <br />31 Termination Event); <br />'~ <br />33 (3) any change in the terms upon which the 1998 Certificates are subject to mandatory <br />3~ or optional prepayment as provided in this Agreement; ot <br />35 <br />36 (4) the release of any Security for the 1998 Certificates eYCept as otherwise expressly <br />37 provided in this Agreement; <br />38 <br />39 it being the intent of the parties that the approval of the actual Owners of the 1998 Certificates <br />ao (as opposed to the Insurer as deemed Owner) affected thereby shall be required for any of the <br />ai foregoing. <br />4? <br />~}3 (E~ PAYN1ENT PROCEDURE PURSUANT TO THE INSURANCE POLICY. <br />FINANCING AND TRUST AGREEMENT PAGE 4H <br />
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