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<br /> agreements, the Participant's Account Balance shall be segregated into a Participant Directed Account
<br /> ("Directed Account"), over which the Participant may direct investment into one or more investment
<br /> alternatives ("Investment Options"). The Plan Administrator or its appointed Investment Fiduciary shall
<br /> have full responsibility for designating the Investment Options under the Plan and for selecting the
<br /> underlying investment vehicle(s) for each designated Investment Option into which a Participant may
<br /> direct investment of his or her Directed Account. To the extent allowed by law, neither the Agency, the
<br /> Plan Administrator, the Record-keeper, nor the Trustee shall have any responsibility for monitoring the
<br /> directions of the Participant nor shall the Agency, the Plan Administrator, the Record-keeper or the
<br /> Trustee be liable in any manner for investment or other losses or other liability for following directions
<br /> of a Participant.
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<br /> (c) If Directed Accounts are established, notwithstanding any other provision of this Trust
<br /> Agreement, the Agency may appoint the Trustee to provide ministerial administrative services for such
<br /> accounts by so indicating in the Agency's Plan, provided that an acceptable service agreement has been
<br /> executed by and between the Agency, the Plan Administrator, the Trustee and the Record-keeper.
<br /> ARTICLE III
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<br /> TRUSTEE'S POWERS
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<br /> 3.1 General Trustee's Powers. Except as otherwise provided in Article II, the Trustee shall have
<br /> full power and authority with respect to property held in the Trust to do all such acts, take all
<br /> proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this
<br /> document, as could be done, taken or exercised by the absolute owner, including, without limitation, the
<br /> following:
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<br /> (a) To invest and reinvest the Trust or any part hereof in any one or more kind, type, class,
<br /> item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or more kind,
<br /> type, class, item or issue of investment or security; or in any one or more kind, type, class or item of
<br /> obligation, secured or unsecured; or in any combination of them; and to retain the property associated
<br /> with such investment or reinvestment for the period of time that the Trustee deems appropriate.
<br /> (b) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral
<br /> leases, and for terms within or extending beyond the life of this Trust), exchange and in any other
<br /> manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for cash or
<br /> credit and upon any reasonable terms and conditions.
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<br /> (c) To make "deposits" with any bank or savings and loan institution, including any such
<br /> facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of interest;
<br /> (d) To retain all or any portion of the Trust in cash temporarily awaiting investment or for
<br /> the purpose of making distributions or other payments, without liability for interest thereon,
<br /> notwithstanding Trustee's receipt of "float" from such uninvested cash;
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<br /> (e) To place uninvested cash and cash awaiting distribution in one or more mutual funds
<br /> and/or commingled investment funds maintained by or made available by the Trustee, and to receive
<br /> compensation from the sponsor of such fund(s) for services rendered, separate and apart from any
<br /> trustee's fees hereunder. Trustee or Trustee's affiliate may also be compensated for providing investment
<br /> advisory and other services to any such mutual fund or commingled investment funds. Agency
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<br /> 55A-25
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