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~ the Securit~~ shall be released from the lien of this Agreement, the Agreement and the Mort~age shall 2 be released and discharged and the Tnlstee shall deliver to the County any written instniments 3 necessan~ to evidence such release and discharge and any fiinds in its possession (including amounts ~t in the Certificate Payment Fund, the Project Fund and any other fund held by the Trustee under any 5 Supplemental Agreement) in excess of the amounts required to provide for payment of such sums, 6 shall be paid to or as directed in writing by the County. ~ 7 8 A Certificate shall be deemed to have been paid prior to the maturity or prepayment date 9 thereof for purposes of this Agreement upon satisfaction of the following conditions: l0 11 ~ (a) if slich Certificate is to be prepaid on any date prior to its stated principal due date. ~2 the Couiity shall have given to the Trustee irrevocable instructions to mail notice of 13 prepayment of such Certificate as required in this Agreement or any applicable Supplemental ~ 4 Agreement; and I~ 16 (b) there shall have been deposited with the Trustee or any special escrow agent 17 appointed bv the County for such purpose, either: I8 ~ 9 (i) moneys in an amount which shall be sufficient to pay, as and when due. ?o the principal of, premium (if any) and interest evidenced by and to become due on ?~ said Certificate on the prepayment or stated principal due date therefor and on each 22 Interest Payment Date prior to such prepayment or stated principal date; or ~; ?~ (ii) Government Obligations (including any Government Obligations issued 35 or held in book-entry form on the books of the Department of the Treasur~~ of the ?6 ~ United States), the principal of and the interest on which when due w~il( provide 27 moneys which, together with the cash funds, if any, deposited with the Trustee or 28 special escrow agent at the same time, shall be sufficient to pay, as and when due, the 29 principal of, premium (if any) and interest to become due on said Certificate on the 3o prepayment or stated principal due date therefor and on each Interest Payment Date 3~ prior to such prepayment or stated principal due date. 32 33 As to any Certificate that bears interest at a variable rate (a "Variable Rate Certificate") that 34 is discharged and satisfied under the foregoing provision, the amount required to discharge and 35 defease the interest thereon shall be calculated at the maximum rate permitted by the terms of the 36 Supplemental A~neement which authorized the issuance of such Variable Rate Certificate; provided, 37 howel~er, th~~~ if on any date, as a result of such Variable Rate Certificate having borne interest at less 38 than such maximum rate for any period, the total amount of cash and Government Obligations on 39 deposit for the payment of interest on such Variable Rate Certificate is in excess of the total amount ~to which would have been required to be deposited on such date in respect of such Variable Rate 4l Certificate in order to fiilly discharge and satisfy such Variable Rate Certificate pursuant to the 4? provisions ofthis Section, the amount of such eYCess shall, at the request of the County, be paid over FINANCINC AND TRUST AGREEMENT PAGE 26