Financing- Trust Agreement - Laserfiche WebLink

Home Browse Search

I SECTION 90~. COUNTERPARTS. The Agr~ement may be executed in several counterparts, 3 each of which shall be an original and all of which shall constitute but one and the same instrument. 3 a SECT~o~ 906. GOVERNING LA~i~. The Agreement shall be construed under the laws of the 5 State of Oregon. 6 7 SECTION 907. THE TRUSTEE. 8 9 (A) APPOINTMENT. Norwest Bank Minnesota, N.A., is hereby appointed to act as the lo initial Trustee under this Agreement. Onty one entity shall be appointed to act at any one time i i as Trustee hereunder; provided that the foregoing shall not prevent the Trustee from enga~ing a -2 co-Trustee as provided below. The Trustee shall have the duties, rights and responsibilities set l3 forth herein and in any Supplemental Agreement. Unless otherwise provided in a Supplemental 1~ Agreement with respect to a particular Series of Certificates, the Trustee shall be the paying agent l5 and registrar for all Certificates issued hereunder. 16 I7 (B) DUTIES AND RESPONSIBILITIES OF TRUSTEE. The Trustee shall have the duties, rights l s and responsibilities set forth herein and in any Supplemental Agreement. Unless other~vise 19 provided in a Supplemental Agreement with respect to a particular Series of Certificates, the 2o Trustee shall be the paying agent and registrar for all Certificates issued hereunder. The Trustee 2 ~ will also be responsible for issuing all Certificates hereunder and under any Supplemental 22 Agreement. ~; ?~t Any recitals of fact herein, in any Supplemental Agreement and in the Certiticates 2> contained shall be taken as the statements of the County and the Trustee does not ass~une an}~ 26 responsibility for the correctness of the same. The Trustee does not make any representations as ?7 to the validity or sufficiency of this Agreement or any Supplemental Agreement issued there~inder 28 or as to the security afforded by this Agreement or any Supplemental Agreement, and the Trustee ?9 shall not incur any liability in respect thereof. The Trustee shall, however, be responsible for 30 duly executing and delivering all Certificates in accordance with the terms of this A~reement and 31 any Supplemental Agreement. The Trustee shall not be under any responsibility~or duty ~ti~ith 3? respect to the application of any moneys paid by the Trustee in accordance with the provisions 3~ of this Agreement or any Supplemental Agreement to any other person. Except as may otherwise 34 be provided herein and in any Supplemental Agreement, the Trustee shall not be under any 35 obligation or duty to perform any act which would involve it in any expense or liability or to 36 institute or defend any suit in respect thereof, or to advance any of its own moneys, unless 37 properly indemnified. ~s 39 (C) ST,aNnartn oF CaRE. Except as provided below in this Section 907(C), the Trustee shall ~o not be liable in connection ~ with the performance of its duties hereunder except for its own 4 ~ negligence, misconduct or default. 42 FINANCING AND TRUST AGREEMENT PAGE J~