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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
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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(h} the permissive right of the Trustee to do things <br />enume rated in this Indenture shall not be construed as a duty, and <br />the i'r:J:i1tee :ihall not be ans1¥erable for other than its own negli- <br />Jencd Jr ~illful misconduct; <br />(i) the Trustee may execute any of the trusts or powers <br />iler,iot: ln,l perform any of its dutie·. hereunder either directly or <br />b~ or through attorneys, agents or receivers but shall be <br />.:insweral>le for the conduct of the same in accordance with the <br />standari specified in (h) above, and may in all cases pay such <br />r~asonable compensation to all such attorneys, agents, receivers <br />anJ e:aployees as may reasonably be employed in connection with <br />the tr..1~t hereofr <br />(j) all money receiveu by the Trustee or any Paying <br />A~ent 3hall, until used or applied or invested as herein <br />9rov1.,fod, oe held in trust for the purposes for which they were <br />r~ce1.veJ but need not be segregated from other funus except to <br />tne ext~nt required herein or by law. Neither the Trustee nor <br />any ;>1yin~ Agent shall be under any liability for interest on any <br />~oney r~ceiveJ hereunder except such as may be agreed upon; and <br />(~) the Trustee shall not be required to give any bontl <br />or sur~ty in respect of the execution of its trust and powers <br />il<?reunJec-. <br />Section 10.4 Trustee not Responsible for Recitals and <br />•')t!'"l•..!r :,1att.ers. The recitals contained herein anu in the Oonds, <br />except the rrustge's certificate of authentication, shall be <br />tai{en as the representations of the Issuer, and the Trustee as- <br />:;u::ies no responsibility for their correctness. The 'I'rustee makes <br />no repr-~sentations as to the validity or sufficiency of this <br />InJent.:Jre or of the Bonds. 'l'he 'l'rustee is not responsible for <br />the rgcorctin,J of this Indenture, the Loan ,\greement or the <br />:-tort ·~a<Ju, or any financing statements rel.:ited thereto, or for the <br />payment of taxes, charges, assessments and liens upon the Trust <br />l::st..-1c.e , ,:ir for insuring the Trust r:st.ate r)r-the rn.:iinten.ince <br />thereof, ar for the sufficiency of the security for the Bonds <br />i :;sued hereunder or intended to be secured hereby, or for the <br />value or title of any of the Trust Est.ate, or otherwise as to the <br />maintenance of the security hersof: except that in the event the <br />Trusto~ unters into possession of 3 part or all of the Trust <br />~st~to pur~u.:int to any provision of this Indenture, it shall use <br />Juu lili~ence in preserving such property, <br />3ection 10.5 May i!olu 13oncls. 'rhe Tru1:1tee, in its indi- <br />viJual )r .1ny other capacity, may become the owner or pledgee of <br />i.1011J1:1 .1nJ :nay oth0rwise lleal with the [ssuer or the Borrower Qr <br />-63-
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