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~~'l 3 4 5 6 7 ~B~ COUNTY'S PAYMENT OBLIGATION SUBJECT TO ANNUAL PPROPRIATION; TERMINATION OF COUNTY OBLIGATION AND REMEDIES UPON FAILURE TO APPROPRIATE. Notwithstanding anything expressed or implied herein or in the Certificates or a y Supplemental Agreement to the contrary, the County's obligation to make the Financing Paym nts due in each Fiscal Year sha11 be and remain subject to the County's having duly budgeted and appropriated, in accordance with applicable law, funds for the purpose of paying such Financing P yments. g ~C~ CONSEQUENCES OF FAILURE OR REFUSAL TO BUDGET AND APPROPRI TE FINANCING 9 PAYMENTS. If, for any reason, the County shall fail or refuse to duly budget an appropriate, in 10 accordance with applicable law, the Financing Payments coming due in any Fisc 1 Year and such l i failure or refusal shall continue through the end of the fifteenth day of such Fiscal Y ar (herein called 12 a"Nonappropriation Event"), then and in any such event: 13 14 (1) except with respect to Appropriated Financing Payments, the Cou ty's obligations 15 to make payments under this Agreement shall cease, terminate and be of o further force 16 effect; 17 18 (2) if so directed in writing by the Insurer the Trustee shall declare the rincipal of , 19 all unpaid;l9~$ Financing Payments and the interest accrued thereon to be i p ediately:due 20 arid`: payable, >whereupon : such principal and interest shall become imme iately due and 21 payabl~, and the Trustee shall promptly thereafter give notice of such ac eleration to the 22 Ownexs of all Qutstanding 1!998 Certificates `in the manner (but 'not sub ~3 limitations) ravided for in case of ti f r a f ect to the time p no ce o p ep yment o the Certificate ; and subject to 24 any rights _of a Credit' Provider who has, provided a Credit Facility as s curity for 'any 25 Addifional Certificates, the Trustee shall declare the principal of all un aid Financing 26 Payments evidenced by Additional Certificates, if any, and the interest accru d thereon to be 27 immediately due and payable, whereupon such principal and interest shall become and be 28 immediately due and payable, and the Trustee shall promptly thereafter giv notice of such 29 acceleration to the Owners of all such 0utstanding Additional Certificates idencing such 30 Firianckng; Payments of such acceleration in the manner (but not subj ct to the time 31 limitations) provided for in case of notice of prepayment of the Certificate ; provided that 32 no such notice to the Owners need be given as a condition precedent to any su h acceleration; 33 34 (3) if any Certificates secured by a Credit Facility are accelerated as rovided above, 35 the Trustee shall: 36 37 (a) if the Credit Facility provides for payment of all amounts wing under the 38 related Certificates upon such acceleration: 39 i 40 (i) . promptly fix a date for payment of such Certificat from moneys 41 drawn or paid under the Credit Facility securing such Certific tes, which date 42 shall be as soon as practicable and in any event prior to the ex iration date of 43 such Credit Facility; ~ FINANCING AND TRUST AGREEMENT PAGE 4