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~ The Trustee, prior to the occurrence of an E~ent of Default and after the curing of all 2 Events of Default which may have occurred, undertakes to perform such duties and only such 3 duties as are specifically set forth in this Agreement. In case an Event of Default has occurred 4 (which has not been cured) or in the case a Nonappropriation Event has occurred, the Trustee ~ shall exercise such of the rights and powers ~~ested in it by this Agreement and any applicable 6 Supplemental Agreement, and use the sanie degree of care and skill in their exercise, as a prudent 7 person would exercise or use under the circumstances in the conduct of her own affairs. 8 9 10 (D) EVIDENCE ON WHICH TRUSTEE MAti' ACT. The Trustee, upon receipt of any notice l i resolution, rec~uest. consent, order, certificate, report, opinion, certificate, or other paper or ~? document furnished to it pursuant to any provision of this Agreement or any Supplemental l3 Agreement, shall examine such instrument to deterniine whether it conforms to the requirements 14 of this Agreement or the applicable provisions of a Supplemental Agreement and shall be i> protected in acting upon any such instrument belie~~ed by it to be genuine and to have been signed ~ 6 or presented by the proper party or parties. The Trustee may consult with Counsel, who may or ~ 7 may not be bond counsel to the County, and the opinion of such Counsel shall be full and l s complete authorization and protection in respect of any action taken or suffered by it under this l9 Agreement in good faith and in accordance therewith. ?o ?~ Whenever the Trustee shall deem it necessary or desirable that a matter be proved or ?2 established prior to taking or suffering any action under this Agreement or any Supplemental ?3 Agreement, such matter (unless other evidence in respect thereof be therein specifically 2~t prescribed) may~ be deemed to be conclusively proved and established by a certificate of the ?> County, and such certificate shall be fiill warrant for any action taken or suffered in good faith 26 under the provisions of this Agreement or such Supplemental Agreement upon the faith thereof; 27 but in its discretion the Trustee may in lieu thereof accept other evidence of such fact or matter ?8 or may require such further or additional evidence as to it may seem reasonable. ~q 3o Except as otherwise expressly provided in this Agreement or a Supplemental Agreement, 3- any request, order, notice or other direction required or permitted to be furnished pursuant to any 33 provision thereof by the County to the Trustee shall be sufficiently executed in the name of the 33 County by the Authorized County Representative. 34 3> 36 37 38 39 40 ~1 I 42 a~ (E~ COMPENSATION. ~to be filled in based upon compensation arranQement between the Countv and the Trusteel Would Scott Clements please provide the language regarding the Trustee's compensation. FINANCING AND TRUST AGREEMENT PAGE ~j