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successor Trustee, and such court may thereupon, after such notice (if any) as it may deem <br />proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture <br />shall signify its acceptance of such appointment by executing and delivering to the Authority and <br />to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, <br />without any further act, deed or conveyance, shall become vested with all the moneys, estates, <br />properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like <br />effect as if originally named Trustee herein; but, nevertheless, at the written request of the <br />Authority or of the successor Trustee, such predecessor Trustee shall execute and deliver any and <br />all instruments of conveyance or further assurance and do such other things as may reasonably <br />be required for more fully and certainly vesting in and confirming to such successor Trustee all <br />the right, title and interest of such predecessor Trustee in and to any property held by it under <br />this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money <br />or other property subject to the trusts and conditions herein set forth. Upon request of the <br />successor Trustee, the Authority shall execute and deliver any and all instruments as may be <br />reasonably required for more fully and certainly vesting in and confirming to such successor <br />Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon <br />acceptance of appointment by a successor Trustee as provided in this subsection, such successor <br />Trustee shall mail a notice of the succession of such Trustee to the trusts hereunder by first class <br />mail, postage prepaid, to the Owners at their addresses listed in the bond register. <br />(e) Any Trustee appointed Linder the provisions of this Indenture shall be a <br />trust company or bank having trust powers, having a corporate trust office in California, having <br />(or whose parent holding company shall have) a combined capital and surplus of at least fifty <br />million dollars ($50,000,000), subject to supervision or examination by federal or state authority. <br />If such bank or trust company publishes a report of condition at least annually, pursuant to law or <br />to the requirements of any supervising or examining authority above referred to, then for the <br />purpose of this subsection the combined capital and surplus of such bank or trust company shall <br />be deemed to be its combined capital and surplus as set forth in its most recent report of <br />condition so published. In case at any time the Trustee shall cease to be eligible in accordance <br />with the provisions of this subsection (e) the Trustee shall resign immediately in the manner and <br />with the effect specified in this Section. <br />(f) No provision in this Indenture shall require the Trustee to risk or expend <br />its own funds or otherwise incur any financial liability in the performance of any of its duties <br />hereunder. <br />(g) The Trustee shall not be responsible for the sufficiency, timeliness or <br />enforceability of the Revenues. <br />(h) The Trustee shall not be accountable for the use or application by the <br />Authority, the City or any other party of any fiords which the Trustee has released under this <br />Indenture. <br />(i) The Trustee may employ attorneys, agents or receivers in the performance <br />of any of its duties hereunder and shall not be answerable for the misconduct of any such <br />attorney, agent or receiver selected by it with reasonable care. <br />55394.00011 \8754149.4 80A3-2101 <br />