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1983-102
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1983-102
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3/28/2023 3:08:25 PM
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3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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payable, and such principal and interest shall thereupon become <br />and be immediately due and payable, anything in this Indenture or <br />the Bonds to the contrary notwithstanding: subjec~, however, to <br />the discretionary right of the Trustee and, upon written notice <br />to the Trustee by the holders of a majority in aggregate prin- <br />cipal amount of the Outstanding nonds, the duty of the 1'rustee to <br />annL1l such declaration and destroy its effect at any time before <br />tfie Project shall have been sold pursuant to any provisions of <br />this Indenture, if all covenants with respect to which default <br />shall have been made, shall be full ; performed, and all arrears <br />of interest upon all Bonds Outstanding hereunder and the reaso- <br />nable expenses and charges of the Trustee, its agents and <br />attorneys, and all other payments requ ired by this Indenture <br />(except the principal of any Bonds not then due by their terms) <br />shall be paid, or the amount thereof shall be paid to the Trustee <br />for the benefit of those entitled thereto. <br />(b) The Trustee may proceed to protect and enforce its <br />rights and the rights of the holders of the Donds hereunder and <br />un<ler the Oonds, by a suit or suits, whether for the specific <br />performance of any covenant or agreement herein contained or in <br />execution or 3id of any power granted herein or for the enforce- <br />ment of any other proper, legal or equitable remedy, as the <br />Trustee, being advised by counsel, shall deem most effectual to <br />protect and enforce its rights and the rights of the holders of <br />the Bonds. <br />(c) The Trustee shall be entitled upon or .'lt any time <br />after the commencement of any proceedings instituted in the Event <br />of Default, as a matter of strict right, as against the Borrower <br />and the Issuer, without notice or demand and without regard to <br />the adequacy of the security for the Bonds or the solvency of the <br />Borrower or the Issuer, upon the order of any court of competent <br />jurisdiction, to the appointment of a receiver of the Project and <br />of the rent, revenues and income from the Project, with power to <br />lease the Project. Any such receiver shall, except as herein <br />otherwise provided, have all the usual powers and duties of <br />receivers in similar cases, with full power upon the order of <br />such court to lease the Project, or any part thereof, upon any <br />terms approved by the court, but notwithstanding the appointment <br />of any receiv~r, the Trustee shall be entitle<l to retain <br />possession and control of, ancJ to collect and receive the income <br />from, cash, securities and other personal property hel<'l by, or <br />re4uired to be deposited or pledged with, tlw Trustee hereunder. <br />(cJ) The 'l'rustee may, in its discretion, with or without <br />declaring the â–¡onds or the Note due anJ payable, entor upon anJ <br />take possQssion of the Projoct anJ lease, sublease or as~ign any <br />-52-
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