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From time to time, Trustee shall receive such fees or revenue and deposit or sweep it into the plan
<br />expense account. Such funds shall be considered Plan assets. The activity of the plan expense account
<br />shall be provided quarterly to the Employer. Any Plan expense to be paid from the plan expense
<br />account shall be at the direction of the Administrator or its delegate to Trustee or its affiliate. At no time
<br />shall Trustee or its affiliates have discretion to make deposits into or payment out of the plan expense
<br />account. If the balance in the account is to be used as contributions to Plan participants, the
<br />Administrator or its delegate will notify Trustee or its affiliate of the amount in the plan expense account
<br />that will be used for participant contributions. The Plan's record keeper will coordinate the transfer of
<br />funds from the plan expense account to participant accounts.
<br />Trustee is not responsible for ensuring the accuracy or adequacy of assets transferred to the plan
<br />expense account but will rely on its affiliated recordkeeper and service provider, Lincoln Retirement
<br />Services Company, LLC, to transfer the agreed amounts to the plan expense account. The Employer
<br />will have control over such account and will be responsible for any application or use of such funds in
<br />the plan expense account.
<br />Article V — Powers of Trustee
<br />Section 5.1 General Powers
<br />Upon the directions of the Employer, the Investment Manager(s), or the Administrator on behalf of the
<br />participants with respect to individually directed accounts, as the case may be, Trustee shall be
<br />authorized and empowered to exercise any and all of the following rights, powers and privileges with
<br />respect to the Trust:
<br />(a) To invest and reinvest the principal and income of the Trust Fund, without distinction between
<br />principal and income, in such securities as but not limited to, common stocks, preferred stocks,
<br />bonds, bills, notes, commercial paper, debentures, mortgages, equipment trust certificates,
<br />investment trust certificates, partnership interests and also in other investments, whether real,
<br />personal or mixed property.
<br />(b) To receive any and all money and other property of whatsoever kind or nature due or owing or
<br />belonging to the Trust.
<br />(c) To settle, compromise, or submit any claims, debts or damages due or owing to or from the Trust;
<br />to commence or defend suits or legal proceedings; and to represent the Trust in all suits or legal
<br />proceedings in any court of law or equity or before any other body or tribunal, insofar as such suits
<br />or proceedings relate to any part of the Trust or the administration thereof.
<br />(d) To borrow money from any source as may be necessary or advisable to effectuate the purposes of
<br />the Trust.
<br />(e) To generally take all actions, execute all instruments, and exercise all rights and privileges with
<br />relation to the Trust, whether or not expressly authorized, as Trustee is directed or in its sole
<br />discretion deems necessary or desirable, subject however to the directions by an appropriate party
<br />as set forth in this Agreement.
<br />(f) To execute and deliver any vote, proxy, tender offer or similar rights incident to the ownership of
<br />any securities held in the Trust, except that Trustee shall exercise such rights only pursuant to the
<br />written instructions of the Employer, or the written instructions of plan participants or beneficiaries
<br />if the Plan gives such rights to participants or beneficiaries, or by the Investment Manager if an
<br />Investment Manager has been appointed pursuant to Section 4.2. If no such written directions are
<br />timely received from the appropriate party, Trustee shall not vote or exercise any such rights with
<br />respect to such securities.
<br />(g) To sell, exchange, convey, transfer or otherwise dispose of any such property at public or private
<br />sale, for cash or credit, or partly for cash and partly for credit, and with or without notice or
<br />advertisement of any kind.
<br />(h) To purchase whole or part interests in real property or in mortgages on real property, wherever
<br />situated, directly or through financial intermediaries or entities, such as, but not limited to,
<br />Indian River County BOCC; 457(b) INDR-001
<br />RPS00804-AL
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