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~: 1 (4) (a) in the case of any Appropriated Financing Payme ts evidenced by ~r2 the 1998 Certificates, to the extent directed by the Insurer b t subject to the 3 terms of the Intercreditar Agreement, if any, the Trustee shall by appropriate 4 proceedings, enforce its right to receive any such Appropr ated Financing 5 Payments not theretofore paid by the County to the Trustee; 6 7 (b) in the case of any Appropriated Financing Payme ts euidenced;by 8 Additional Certificates and subjecf to the rights of any Cred t Provider who 9 has provided a' Credit Facility as security for such Additional ertificates and 1 o the terms of the Intercreditor Agreement, the Trustee shall, by appropriate 11 proceedings, enforce its right to receive any such Appropr ated Financing 12 Payments not theretofore paid by the County to the Trustee; 13 14 '(c) if no Additional Certificates are then Outstanding the Trustee, at 15 the wriften dizection of the Insurer; shall-an~ foreclose upon t Mortgage and 16 the Security; and 17 18 (d) if any Additional Certificates are then Outstandin the Trustee, in 19 accordance with and subject to the terms, restrictions and p ovisions of the 20 Intercreditor Agreement, shall foreclose upon the Mortgage' d the' Security; 21 _ ~ (5) all moneys held by the Trustee in any Fund or account establi hed under this Agreement (other than moneys held in the Rebate Fund) and all proceeds d rived from any 24 enforcement action taken pursuant to Section 202(C)(4) above shall be applie by the Trustee 25 as follows: 26 27 (a) first, to the payment of the fees and expenses of the Tr stee (including 28 without limitation, Attorney's Fees) in foreclosing upon the M gage and the 29 Security, enforcing its rights and performing its duties hereunder and under the 3o Mortgage, including without limitation the fees and expenses of any ebate Analyst 31 retained by the Trustee as provided below; 32 33 (b) second, to the extent the moneys held by the Trustee in t e Rebate Fund 34 are insufficient to pay all Rebate Amounts then owing with respect to he Certificates, 35 to the payment of all such Rebate Amounts; 36 37 (c) third, to the payment to the Owners of the Outstanding C rtificates of all 38 unpaid principal components of the Financing Payments, ratably wit out preference 39 or priority of any kind, according to the amounts of unpaid princi al components 40 evidenced by the Outstanding Certificates; 41 ~ FINANCING AND TRUST AGREEMENT PAGE 6