11-14-01 1. INDENTURE OF TRUST - Laserfiche WebLink

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ARTICLE XI Supplemental Indentures Section 11.01 Purposes for Which Supplemental Indentures may be Executed. The City, upon resolution,and the Trustee from time to time and at any time,subject to the conditions and restrictions in this Indenture contained, may enter into such indentures supplemental hereto without the consent of any Bondholder for any one or more of the following purposes; provided that no such supplemental indenture shall modify Article V in a manner which materially adversely affects the interest of the holders or creditors of any Subordinated Debt: (a) To correct the description of any property hereby pledged or intended so to be,or to assign, convey, pledge or transfer and set over unto the Trustee, subject to such liens or other encumbrances as shall be therein specifically described, additional property or properties of the Borrower for the equal and proportional benefit and security of the Holders of all Bonds,at any time issued and outstanding under this Indenture,subject,however,to the provisions hereinabove set forth with respect to extended Bonds; (b) To evidence removal or appointment of any trustee or paying agent hereunder; (c) To cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indentures which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; (d) To modify, eliminate and/or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of 1939, as then amended, or under any similar Federal statute hereafter enacted, and to add to this Indenture such other provisions as may be expressly permitted by said Trust Indenture Act of 1939, excluding,however, the provisions referred to in Section 316(a)(2)of said Trust Indenture Act of 1939. (e) To permit the issuance of Additional Bonds in compliance with the requirements of Section 2.09. Neither the City nor the Trustee shall have a duty to determine the need for or desirability of any supplemental indenture hereto. Section 11.02 Execution of Supplemental Indenture.The Trustee is authorized to join with the City in the execution of any such supplemental indenture,to make the further agreements and stipulations which may be therein contained,and to accept the conveyance,transfer and assignment of any property thereunder, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects its rights, duties or immunities under this Indenture. Section 11.03 Discretion of Trustee. In each and every case provided for in this Article(other than a supplemental indenture approved by a Majority of Holders pursuant to Section 11.04),the Trustee shall be entitled to exercise its unrestricted discretion in determining for itself whether or not any proposed - 66 -