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12316306v3 <br />-34- <br />investment shall be credited to the respective Fund. Any investments purchased with amounts <br />on deposit in any Fund under this Indenture may be exchanged for cash or investments of equal <br />value credited to any other Fund. The Trustee shall redeem or sell, at fair market value, any <br />investments so made, whenever it shall be necessary to do so in order to provide moneys to meet <br />any payment from the respective Fund. Neither the Trustee nor the Issuer shall be liable for any <br />loss resulting from any such investment, nor from failure to preserve rights against endorsers or <br />other prior parties to instruments evidencing any such investment. Investment of funds shall be <br />limited as to amount and yield of investment in such manner that no part of the outstanding <br />Bonds shall be deemed "arbitrage bonds" under Section 148 of the Internal Revenue Code and <br />regulations thereunder. The Trustee has no duty or obligation to monitor the yield on any <br />investments it is directed to make. <br />The Issuer and the Borrower (by its execution of the Loan Agreement), respectively, <br />acknowledge that regulations of the Comptroller of the Currency grant the Borrower the right to <br />receive brokerage confirmations of the security transactions as they occur. The Issuer and the <br />Borrower specifically waive such notification to the extent permitted by law and will receive <br />periodic cash transaction statements which will detail all investment transactions. <br />The Trustee will furnish the Borrower periodic cash transaction statements which include <br />detail for all investment transactions made by the Trustee hereunder. The Trustee may invest in <br />Authorized Investments through its own trust department or through or from any of its affiliates <br />and Trust Money may be deposited in time deposits, or certificates of deposit issued by, the <br />Trustee or any of its affiliates. <br />If the Borrower does not file a written direction of the Authorized Borrower <br />Representative with the Trustee with respect to the investment of the money held under this <br />Indenture, the Trustee shall invest to the extent practicable in investments described in clause (h) <br />above of the definition of the term "Qualified Investments"; provided, however, that any such <br />investment shall be made by the Trustee only if, prior to the date on which such investment is to <br />be made, the Trustee shall have received a written direction of the Authorized Borrower <br />Representative specifying a specific money market fund and, if no such written direction of the <br />Authorized Borrower Representative is so received, the Trustee shall hold such moneys <br />uninvested. <br />The Trustee shall have no liability whatsoever for any loss, fee, tax or other charge <br />incurred in connection with any investment, reinvestment, sale or liquidation of an investment <br />hereunder. The Trustee shall be entitled to rely on any written direction of the Representative of <br />the Borrower as to the suitability and legality of the directed investments. The Trustee shall have <br />no responsibility whatsoever to determine whether any investments made pursuant to this <br />agreement are or continue to be qualified investments. In no event shall the Trustee be deemed <br />an investment manager or adviser in respect of any selection of investments hereunder. In the <br />event of a loss on the sale of such investments, the Trustee shall have no responsibility in respect <br />of such loss except that the Trustee shall notify the Representative of the Borrower of the amount <br />of such loss and the issuer shall promptly pay such amount to the Trustee to be credited as part of <br />the monies originally invested.