Orange County NC Website
of or acquiescence in the Event of Default. No remedy is exclusive of any other <br />remedy. All available remedies are cumulative. <br />Section 8.04. Waiver of Past Defaults. The Majority Owners, with the <br />Insurer's consent and by notice to the Trustee, may waive an existing Event of <br />Default and its consequences. When an Event of Default is ti~raived, it is cured and <br />stops continuing, but no such waiver will extend to any subsequent or other Event <br />of Default or impair any right consequent to it. <br />Section 8.05. Majority's Control. The Majority O~~ners may, upon <br />satisfactory indemnification of the Trustee, direct the time, method and place of <br />conducting any proceeding for any remedy available to the Trustee or of exercising <br />any trust or pou~•er conferred on it. The Trustee, however, may refuse to follow any <br />direction that conflicts with law or tlus Trust Agreement or, subject to Section <br />9.01, that the Trustee determines is unduly prejudicial to the rights of other Owners <br />or would involve the Trustee in personal liability. <br />Section 8.06. Limitation on Suits. An Owner may not pursue any remedy <br />lvith respect to this Trust Agreement or the Certificates {except as provided in <br />Section $.07) unless {a) the O~~jner gi~Tes the Trustee notice stating that an Event of <br />Default is continuing, (b) the Majority Owners make a written request to the <br />Trustee to pursue the remedy, (c} such Owner or Owners offer to the Trustee <br />indemnity satisfactory to the Trustee against any loss, liability or expense, and (d) <br />the Trustee does not comply u~•ith the request uTithin 60 days after receipt of the <br />request and the offer of indemnity. <br />An Owner may not use this Trust Agreement to prejudice the rights of <br />another Owner or to obtain a preference or priority over the other Owners. <br />Section 8.07. Rights Ta Receive Payment. The right of any Owner to <br />receive payment of principal, premium, if any, and interest ti~rith respect to a <br />Certificate, on or after the due dates expressed in the Certificate, or to bring suit for <br />the enforcement of any such payment on or after such dates, uTill not be impaired <br />or affected without such Owner's consent. <br />Section 8.08. Collection Suit by Trustee. If an Event of Default occurs and <br />is continuing, the Trustee may recover judgment in its own name and as trustee of <br />an express trust against the County for the whole amount remaining unpaid. <br />Section 8.09. Trustee May File Proofs of Claim. (a) The Trustee may file <br />such proofs of claim and other papers or documents as may be necessary or <br />advisable in order to have the claims of the Trustee and the O~~Jners allo~ved in anv <br />judicial proceedings relati~Je to the County, the Company, their creditors or their <br />93 362v2 ~4 <br />