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Note Book: R.C
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CS_Courthouse Square
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Note Book: R.C
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Last modified
9/19/2012 3:29:14 PM
Creation date
9/6/2011 2:25:15 PM
Metadata
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Building
RecordID
10376
Title
Note Book: R.C
Company
Marion County
BLDG Date
11/4/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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I <br />~1 No remedy by the terms of the Agreement conferred upon or reserved to th Trustee (or to <br />2 the Owners) is intended to be exclusive of any other remedy, but each and every su h remedy shall <br />3 be cumulative and shall be in addition to any other remedy given to the Trustee o to the Owners <br />4 hereunder or now or hereafter existing by law. <br />5 <br />6 No delay or omission to exercise any right or power accruing upon any Def ult or Event of <br />7 Default shall impair any such right or power or shall be construed to be a waiver of y such Default <br />8 or Event of Default or acquiescence therein; and every such right and power may be exercised from <br />9 time to time and as often as may be deemed expedient. <br />l0 <br />11 No waiver of any Default or Event of Default hereunder, whether by the T ustee or by the <br />12 Owners, shall extend to or shall affect any subsequent Default or Event of Default or hall impair any <br />13 rights or remedies consequent thereon. <br />14 <br />15 Upon the occurrence and during the continuance of an Event of Default, an upon the filing <br />16 of a suit or other commencement of judicial proceedings to enforce the rights of th Trustee and of <br />17 the Owners, the Trustee shall be entitled, as a matter of right, to the appointment of receiver for the <br />18 Security, together with such other powers as the court making such appointments hall confer. <br />19 <br />2p SECTION 604. RIGHT OF CERTIFICATE OWNERS TO DIRECT PROCEE INGS. T h e <br />21 Owners of not less than 25 percent in aggregate principal amount of Certificates t en Outstanding <br />22 shall have the right, at any time, by an instrument or instruments in writing execut d and delivered <br />~3 to the Trustee, to direct the method and place of conducting all proceedings to be tak n in connection <br />24 with the enforcement of the terms and conditions of the Agreement or for the a pointment of a <br />2s receiver or any other proceedings hereunder; provided, however, that <br />26 <br />27 (1) such direction shall not be otherwise than in accordance with e provisions of <br />2g law; <br />29 <br />30 (2) the Trustee shall have the power to decline any such direction i in the judgment <br />31 of the Trustee such direction is to the detriment of any Owners not joining i such direction; <br />32 and <br />33 <br />34 (3) if the Trustee receives conflicting directions from two or more g oups of Owners <br />35 where each such group owns not less than 25 percent in aggregate pri cipal amount of <br />36 Certificates then Outstanding, the Trustee shall follow the directions that ar provided by that <br />3~ group of Owners holding the largest aggregate principal amount of ertificates then <br />3 g Outstanding. <br />39 <br />40 No Owner of any Certificate shall have any right to institute any suit, acti n or proceeding <br />41 at law or in equity for the enforcement of any provision of this Agreement or the execution of any <br />42 trust under this Agreement or for any remedy under this Agreement, unless such wner shall have <br />43 previously given to the Trustee written notice of the happening of a Event of De ault, as provided <br />~ PAGE 41 <br />FINANCING AND TRUST AGREEMENT <br />
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