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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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~ ARTICLE VI <br />~ DEFAULT PROVISIONS <br />~ AND REMEDIES OF TRUSTEE <br />4 <br />~ SECTION 601. EVENTS OF DEFAULT; EVENT OF TERMINATION; ACCELERATION AND <br />6 DRAWS UPON INSURANCE POLICY'. Any of the following events occurring shall constitute an <br />7 "Event of Default" under this Agreement: <br />8 <br />9 (a) Default in the due and punctual payment of any Appropriated Financing <br />~ o Pa~~ment; and <br />11 <br />~ 2 (b) Default in the performance or observance of any other obli~ation or condition on <br />~ 3 the part of the County in the Agreement or in the Certificates, and the continuance thereof <br />~~ for a period of 60 days after written notice is given by the County, the Insurer or the Trustee <br />I 5 to the County. <br />16 <br />17 Promptly upon becoming aware of the occurrence of an Event of Default hereunder, the <br />I8 Trustee shall give written notice thereof to the County, the Credit Provider and the Owners of the <br />t 9 Certificates. <br />20 <br />? I SECTION 602. ANNULNIENT OF DECLARATION OF ACCELERATION FOLLOWING E~'EI~T <br />22 OF DEFAULT. If, after the principal of the Certificates has been declared to be due and payable b~~ <br />23 reason of an Event of Default, there are performed or paid all things in respect of which there mav <br />34 have been a default hereunder, and payment has been made of the reasonable charges and expenses <br />35 incurred in connection therewith by the County, the Trustee, the Credit Provider or the Ow~ners. <br />26 includinb the Trustee's, the County's and the Credit Provider's reasonable attorneys' fees, and no <br />27 Event of Default hereunder is then continuing, all Events of Default having been either cured or <br />28 waived, then, in every such case, the Trustee shall annul such declaration and its consequences. and <br />29 such annulment shall be binding upon all Owners of Certificates then Outstanding; but no such <br />3o anrnilment shall extend to or affect any subsequent default or irnpair any right or remedy consequent <br />3 t thereon. The Trustee shall forward a copy of any such annulment notice pursuant to this paragraph <br />32 to the County, the Credit Provider, S&P (if then rating the Certificates), Moody's (if then rating the <br />33 Certificates) and the Owners. <br />34 <br />35 SECTION 603. ACTIONS OF TRUSTEE AND REMEDIES UPON EVEh'T OF DEFAULT. Upon <br />36 the occurrence of any one or more Events of Default hereunder: <br />37 <br />38 (1) (a) if so directed in writing by the Insurer, the Trustee shall, by <br />~9 notice in writing sent to the County, declare the principal of all unpaid 1998 <br />4o Financing Payments and the interest accrued thereon to be immediately due <br />a~ and payable, whereupon such principal and interest shall become and be <br />4? immediately due and payable, and the Trustee shall promptly thereafter give <br />FINANCING AND TRUST ACREEMENT PAGE 37 <br />
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