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• <br />Section 6.07. Removal of Trustee. The Trustee may be removed at <br />any time by the Holders of not less than 258 of the Bonds by an <br />instrument or concurrent instruments in writing signed and acknowledged by <br />such Bondholders or by their attorney-in-fact, duly authorized and <br />delivered to the Issuer. Facsimile copies of each such instrument <br />providing for any such removal shall be delivered by the Issuer to the <br />Trustee. The Issuer may remove the Trustee at any time, upon the written <br />request of Authorized Officers of the Borrower and NHC, except during the <br />existence of an Event of Default, for such cause as shall be determined in <br />the sole discretion of the Issuer by filing with the Trustee an instrument <br />signed by an Authorized Officer of the Issuer. The Trustee may also be <br />removed at any time for any breach of trust or for acting or proceeding in <br />violation cf, or for failing to act or proceed in accordance with, any <br />provision of this Indenture with respect to the duties and obligations of <br />the Trustee by any court of competent jurisdiction upon the application of <br />the Issuer, the Borrower or of the Holders of not less than ten percent of <br />the Bonds. Such removal shall take effect upon the appointment of a <br />successor Trustee and the acceptance of such appointment by such <br />successor. <br />Section 6.08. Successor Trustee. In case the Trustee shall <br />resign, be removed, be dissolved, become incapable of acting, or shall be <br />adjudged a bankrupt or insolvent, or if a receiver, liquidator or <br />conservator of the Trustee or of its property shall be appointed, or if <br />any public officer shall take charge of control of the Trustee, or of its <br />property or affairs, a successor Trustee may be appointed within one (1) <br />year after the occurrence of such event by the Holders of not less than <br />258 of the Bonds by an instrument or concurrent instruments in writing <br />signed and acknowledged by such Bondholders or their attorney - in - fact, <br />duly authorized and delivered to such successor Trustee, with notification <br />thereof to the predecessor Trustee, the Issuer, NHC and the Borrower. <br />Until such successor Trustee shall have been appointed by the Bondholders, <br />The Issuer shall forthwith appoint a successor Trustee satisfactory to the <br />Borrower and NHC. Copies of any resolution of the Issuer providing for <br />any such appointment shall be delivered by the Issuer to the Trustee so <br />appointed, the predecessor Trustee, NHC and the Borrower. Any appointment <br />made by the Issuer shall, immediately and without further act, be <br />superseded and revoked by an appointment subsequently made by Bondholders. <br />If in a proper case no appointment of a successor shall be made <br />within 45 days after the giving by the Trustee of written notice of <br />resignation in accordance with Section 6.06 hereof or after the occurrence <br />of any other event requiring or authorizing such appointment, the Trustee <br />or any Bondholder may apply to any court of competent jurisdiction for the <br />appointment of such a successor, and the court may thereupon, after such <br />notice, if any, as the court may deem proper, appoint a successor. <br />Any successor appointed under the provisions of this Sections shall <br />be a commercial bank or trust company chartered under the laws of any <br />state of the United States or a national banking association organized <br />under the laws of the United States having a capital and surplus <br />- 44 - <br />