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Ord 1988-018
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Ord 1988-018
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Last modified
8/6/2007 10:41:18 AM
Creation date
8/6/2007 10:41:18 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1988-18
Date
2/17/1988
Volume Book
90
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<br />MTrust will, within a reasonable time after receipt of written request from <br />the Issuer, furnish the Issuer information as to the Bonds it has paid pursuant to <br />Section 3.01, the Bonds that it has de1ivered upon the transfer or exchange of any <br />Bonds pursuant to Section 4.01, and the Bonds that it has de1ivered in exchange for <br />or in 1ieu of mutilated, destroyed, lost or stolen Bonds pursuant to Section 4.06. <br /> <br />ARTICLE FIVE <br />MTRUST <br /> <br />Section 5.01. Duties of MTrust. <br /> <br />MTrust undertakes to perform the duties set forth herein and in accordance <br />with the Bond Resolution and agrees to use reasonable care in the performance <br />thereof. MTrust hereby agrees to use the funds deposited with it for payment of the <br />principal of, premium, if any, and interest on the Bonds to pay the Bonds as the <br />same shall become due and further agrees to estab1ish and maintain all accounts and <br />funds as may be required for MTrust to function as Paying Agent. <br /> <br />Section 5.02. Re1iance on Documents. <br /> <br />(a) MTrust may conclusively rely, as to the truth of the statements and <br />correctness of the opinions expressed therein, on certificates or opinions furnished <br />to MTrust. <br /> <br />(b) MTrust shall not be liable for any error of judgment made in good <br />faith by a Responsible Officer, unless it shall be proved that MTrust was negligent in <br />ascertaining the pertinent facts. <br /> <br />(c) No provisions of this Agreement shall require MTrust to expend or <br />risk its own funds or otherwise incur any financial 1iability for performance of any <br />of its duties hereunder, or in the exercise of any of its rights or powers, if it shall <br />have reasonable grounds for believing that repayment of such funds or adequate <br />indemnity satisfactory to it against such risks .or liability is not assured to it. <br /> <br />(d) MTrust may rely and shall be protected in acting or refraining from <br />acting upon any resolution, certificate, statement, instrument, opinion, report, <br />notice, request, direction, consent, order, certificate, note, security, or other paper <br />or document believed by it to be genuine and to have been signed or presented by <br />the proper party or parties. Without limiting the generality of the foregoing <br />statement, MTrust need not examine the ownership of any Bonds, but is protected in <br />acting upon receipt of Bonds containing an endorsement or instruction of transfer or <br />power of transfer which appears on its face to be signed by the Owner or an <br />attorney-in-fact of the Owner. MTrust shall not be bound to make any investigation <br />into the facts or matters stated in a resolution, certificate, statement, instrument, <br />opinion, report, notice, request, direction, consent, order, certificate, note, security <br />or other paper or document supp1ied by Issuer. <br /> <br />243lf <br /> <br />-7- <br />
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