Orange County NC Website
If a successor Trustee does not take office within GO days after the retiring <br />Trustee resigns or is removed, the retiring Trustee, the County, the Insurer or the <br />Majority Owners may petition any court of competent jurisdiction for the <br />appointment of a successor Trustee. <br />Section 9.06. Successor Trustee by Merger. If the Trustee consolidates <br />~vitll, merges or con~jerts into, or transfers all or substantially all its assets (or, in <br />the case of a bank or trust company, its corporate trust assets) to another <br />corporation, the resulting, sur~Ti~Ting or transferee corporation ~~Tithout any further <br />act uTill be the successor Trustee. <br />Section 9.07. Acceptance of Financing Contract Terms. By its execution <br />of this Trust Agreement, the Trustee hereby signifies its acceptance of its <br />responsibilities under the Financing Contract, and agrees to be bound thereby. <br />ARTICLE X <br />AMENDMENTS OF AND SUPPLEMENTS TO TRUST AGREEMENT, <br />CERTIFICATES, FINANCING CONTRACT OR DEED OF TRUST <br />Section 10.01. Without Owners' Consent. (a) The Company and the <br />Trustee may amend or supplement this Trust Agreement or the Certificates without <br />notice to or consent of any Owner for the following purposes: <br />(i) to cure any ambiguit<<r, inconsistency or formal defect or omission; <br />(ii) to grant to the Trustee for the benefit of the Owners additional rights, <br />remedies, powers or authority; <br />{111} to subject to this Trust Agreement additional collateral or to add <br />other agreements of the Company or the County; <br />(iv) to modify this Trust Agreement or the Certificates to permit <br />qualification under the Trust Indenture Act of 1939 or any similar federal statute <br />at the time in effect, or to permit the qualification of the Certificates for sale <br />under the securities laws of the United States or of any state of the United <br />States; <br />(v) to provide for Certificates in certificated, registered form pursuant to <br />Section 2.01(b), or for the issuance of Additional Certificates; <br />(vi} to e~jidence the succession of a new Trustee; or <br />J3862v2 30 <br />