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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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~ (III) apply the amount so drawn or paid to the payment of <br />-' such Certificates on the date fixed for payment thereof; <br />3 <br />4 (4) (a) in the case of any Appropriated Financing Payments evidenced by <br />~ the 1998 Certificates, to the extent directed by the Insurer but subject to the <br />6 terms of the Intercreditor Agreement, if any, the Trustee shall, by appropriate <br />~ proceedin~s, enforce its right to receive any such Appropriated Financing <br />g Payments not theretofore paid by the County to the Trustee; <br />~ <br />~ ~ (b) in the case of any Appropriated Financing Payments evidenced <br />>> by Additional C~ertificates and subject to the rights of any Credit Provider <br />~? who has provided a Credit Facility as security for such Additional Certificates <br />>; and the terms of the Intercreditor Agreement, the Trustee shall, by appropriate <br />~~ proceedings, enforce its right to receive any such Appropriated Financing <br />~~ Payments not theretofore paid by the County to the Trustee; <br />16 <br />~~ (c) if no Additional Certificates are then Outstanding, the Trustee, at <br />~ g the written direction of the Insurer, shall foreclose upon the Mortgage and the <br />~ 9 Security; and <br />?o <br />'~ (d) if any Additional Certificates are then Outstandin~, the Trustee, <br />'-' in accordance with and subject to the terms, restrictions and provisions of the <br />'-~ Intercreditar Agreement, shall foreclose upon the Mortgage and the Security; <br />?4 <br />'-5 (~) all moneys held by the Trustee in any Fund or account established under this <br />26 A~,~reement (other than moneys held in the Rebate Fund) and all proceeds derived from any <br />?7 enforcement action taken pursuant to Section 202(C)(4) above shall be applied by the Trustee <br />?8 as follows: <br />~q <br />~0 (a) first, to the payment of the fees and expenses of the Trustee (including <br />> i without limitation, Attorney's Fees) in foreclosing upon the Mortgage and the <br />~? Security, enforcing its rights and performing its duties hereunder and under the <br />» Mortgage, including without limitation the fees and expenses of any Rebate Analtist <br />~~ retained by the Trustee as provided below; <br />3i <br />~6 (b) second, to the extent the moneys held by the Trustee in the Rebate Fund <br />~7 are insufficient to pay all Rebate Amounts then owing with respect to the <br />~g Certificates, to the payment of all such Rebate Amounts; <br />39 <br />40 (c) third, to the payment to the Owners of the Outstanding Certificates of all <br />~ 1 unpaid principal components of the Financing Payments, ratably without preference <br />~=' or priority of any kind, according to the amounts of unpaid principal components <br />~~ evidenced by the Outstanding Certificates; <br />FINANCING AtiD TRUST AGREEMENT P~cE 6 <br />
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