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~ (c) if no Additional Certificates are then Outstanding, the Trustee. at t11e ? written direction of the InsLirer, shall foreclose Lipon the Mortgage and the Seclirity; 3 and ~t ~ (d) if any Additional Certificates are then Outstanding. the Trustee, in ~ accordance with and subject to the ternis, restrictions and provisions of the 7 Intercreditor Agreement, shall foreclose upon the Mortbage and the Security; and s 9 (4) all moneys held by the Trlistee in any Fund or account established under this 10 Agreement (other than moneys held in the Rebate Fund) and all proceeds derived from any ~~ enforcement action taken pursuant to Section 603(3) above shaIl be applied by the Trustee ~ 2 as follows: ~3 ~~- (a) first, to the payment of the fees and expenses of the Trustee (including >> without limitation, Attorney's Fees) in foreclosing upon the Mortgage and the ~ 6 Security, enforcing its rights and performing its duties hereunder and under the ~ 7 Mortgage, including without limitation the payment of any fees and expenses of any ~ 8 Rebate Analyst retained by the Trustee as provided below; 19 ?o (b) second, to the e~tent the moneys held by the Trustee in the Rebate Fund ?~ are insufficient to pay all Rebate Amotmts then owing with respect to the '-? Certificates, to the payment of all such Rebate Amounts; ~; ?a (c) third, to the payment to the Owners of the Outstanding Certificates of all ?~ unpaid principal components of the Financing Payments, ratably without preference ?6 or priority of any kind, according to the amounts of unpaid principal components ?7 evidenced by the Outstanding Certificates; ~g ?~ (d) fourth, to the payment to the Owners of the Outstanding Certificates of all 3o unpaid interest accruing on the principal components of the Financing Payments. 31 ratably without preference or priority of any kind, according to the amounts of unpaid 3? interest accruing on the principal components evidenced by the Outstanding 33 Certificates; and 34 ~~ (e) fifth, the balance, if any, remaining after payment in full of the amounts 36 described in (4)(a), (b), (c), and (d) above shall be remitted by the Trustee to the 37 County. 38 39 In connection with the foregoing, the Trustee shall: ~o a~ (i) retain a Rebate Analyst for the plirpose causing such Rebate Analyst to prepare ~t? a final Rebate Report be prepared with respect to the Certificates; and a; FINANCI~C AND TRUST AGREEMENT PAGE 4O