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8. The Trustee has accepted receipt on the date hereof of each of the documents or <br /> instruments required pursuant to the Indenture to be received by the Trustee prior to issuance of <br /> the Bonds. <br /> 9. The Trustee has duly performed and observed all its obligations under the <br /> Indenture required to be performed or observed on or prior to the date hereof and the Trustee is <br /> not in default under such agreement and is not aware that the Borrower is in default under the <br /> Loan Agreement. <br /> [Remainder of Page Intentionally Blank] <br /> 2 <br />