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~1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 iy 20 21 ~r'2 3 24 25 26 L/ ~~ 29 30 31 32 33 34 35 36 37 38 39 40 41 ~ (3) (a) inthe case of any Appropriated Financing Payments ~ 1998 Certificates, to the extent directed by the°Insurer but subject to Iritercreditor Agreement, if any, the Trustee shall, by appropriate proc its right to receive any such Appropriated Financing Payments not by the County to the Trustee; ~nced by the terms of the ngs, enforce etofore paid (b) in the .case of; any Appropriated Financing Paymen s evidenced by Addit'ional Certificates and subject to the rights of any Credit P ovider who has pro~ided a Credit Faeility as security for such Additional Certificat s and the terms of the,Intercreditor Agreement, the Trustee shall, by appropriate pra edings, enforce ifs right to, receive any such Appropriated Financing Payments not heretofore paid by the'Counfy;to the:Trustee; I (c) if no Additional Certificates are then Outstanding, th Trustee, at the written direction of :the Insurer, shall-a~ foreclose upon the ortgage and the Security; and I (d) if any Additional Certificates are then Outstanding, the Trustee, in accordance with and subject ta the terms, restrictions `and p ovisions . of the Intercreditor Agreement, shall foreclose upon the Mortgage and'th Security; and (4) all moneys held by the Trustee in any Fund or account estab ished under this Agreement (other than moneys held in the Rebate Fund) and all proceeds erived from any enforcement action taken pursuant to Section 603(3) above shall be appli d by the Trustee as follows: , (a) first, to the payment of the fees and expenses of the T ustee (including without limitation, Attorney's Fees) in foreclosing upon the ortgage and the Security, enforcing its rights and performing its duties hereund r and under the Mortgage, including without limitation the payment of any fees an expenses of any Rebate Analyst retained by the Trustee as provided below; ~, (b) second, to the extent the moneys held by the Trustee i the Rebate Fund are insufficient to pay all Rebate Amounts then owing with respect t the Certificates, to the payment of all such Rebate Amounts; '~i (c) third, to the payment to the Owners of the Outstanding unpaid principal components of the Financing Payments, ratably ~ or priority of any kind, according to the amounts of unpaid prin evidenced by the Outstanding Certificates; Eicates of all ~t preference components FINANCING AND TRUST AGREEMENT YAGE 3y