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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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manner hereinafter provided, any Dondholder who has been a bona <br />fide holder of a Bond at least 6 months may, on behalf of himself <br />and all others similarly situated , petition any court of com- <br />peten t jurisdiction for the appointmen t o f a succes sor Trustee . <br />Every such successor Trustee appointed pursu ant to the pr vis ions <br />of this Section shall be a trust company or bank having trust <br />powers, in good standing, within or '.to the exte nt permitted by <br />law) outside the State, having a reported capita l an<l surplus of <br />not less then $3.5 million, if there be such an institution <br />willing, qualified and able to accept this trust upon reasonable <br />and customary terms. <br />{e) The Issuer shall give notice of each resignation <br />and each removal of the Trustee and each appointment of a suc- <br />cessor Trustee by mailing written notice of such event to the <br />Borrower and to the registered holders of Gonds at their <br />addresses as shown in the Bond Register. Each notice shall <br />include the name and address of the principal corporate trust <br />office of the successor Trustee. <br />Section 10.9 Acceptance of Appointment by Successor , <br />Every successor Trustee appointeu hereund er shall execute, <br />acknowledge and deliver to the Issuer and to the cetiring <br />Trustee an instrument accepting such nppointment, and thereupon <br />such successor Trustee, without any further act, deed or <br />conveyance, shall become vested with all the estate anu interest <br />of the retiring Trustee to the Trust Estate and all the rights, <br />p owe rs , trusts, and duties of the retiring Trustee; but, on <br />re~1uest of the Issuer or the successor Trustee, such retiring <br />Trustee shall, upon payment of its charges, execute and ~eliver <br />an instrumont transferring to such successor Trustee all the <br />estate and tit le of the retiring Trustee to the Trust Estate and <br />all t.he rights, powers and trusts of the retiring Trustee, and <br />shall duly a s sign, transfer anu ueliver to suc h successor Trustee <br />all property and money held by such retiring Trustee hereunder, <br />s ubj ect neverthel ess to its lien, if any, proviueu for in Section <br />10.7 hereof. Upon request of any such success or Trustee, the <br />Issuer shall execute any and alt instruments for more fully and <br />certainly vesting in and confirming to such successor Trustee all <br />such estate, title, rights, powers and trusts. All such instru- <br />ments so executecl shall l:>e filed by the 1ssuer for record in the <br />manner proviued by l~w for the recording of documents affecting <br />title to real property in Inclian River County, Florida. <br />Section 10.10 Merger or Consolidation. Any corporation <br />into which the Trustee may be met"getl o r ,1ith which lt may be con- <br />soliā¢.1atetl, or any corpoc.:itir:>n resulting from .:i.ny meC'qer or con- <br />soliJation to ~hich the Trustee yha ll be a party, or any <br />-66-
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