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<br />anything herein contained to the contrary notwithstanding and without any request from any
<br />Bondholder (subject, however, to the provisions of Section 8.06 hereof), may take such action or
<br />actions for the enforcement of its rights and the rights of the Bondholders and the rights of the
<br />Issuer under the Loan Agreement as due diligence, prudence and care would require and to pursue
<br />the same with like diligence, prudence and care.
<br />Upon the happening and continuance of an Event of Default and subject to the terms of the
<br />Subordination Agreement, the Trustee may, and shall upon the written request of the Holders of
<br />not less than twenty-five per centum (25%) in aggregate principal amount of outstanding Bonds,
<br />provided that such requesting Holders have offered indemnity to the Trustee, to its sole
<br />satisfaction, pursuant to Section 8.06 of this Indenture, and that the Trustee has received no
<br />conflicting direction from the majority of Holders pursuant to Section 7.07 of this Indenture,
<br />proceed forthwith by suit or suits at law or in equity or by any other appropriate remedy to enforce
<br />payment of the Bonds, to enforce application to such payment of the funds, revenues and income
<br />appropriated thereto by this Indenture and by the Bonds, to enforce rights of the Issuer under the
<br />Loan Agreement, to foreclose the Mortgage and to enforce the Lease Assignment and any such
<br />other appropriate legal or equitable remedy as the Trustee, being advised by counsel, shall deem
<br />most effectual to protect and enforce any of its rights or any of the rights of the Bondholders.
<br />Notwithstanding the foregoing, the Trustee need not proceed upon any such written request of the
<br />Bondholders, as aforesaid, unless such Bondholders shall have offered to the Trustee security and
<br />indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or
<br />thereby.
<br />Section 7.04 Appointment of Receivers. Upon the occurrence of an Event of Default, and
<br />upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of
<br />the Trustee and the Holders of Bonds under this Indenture, the Trustee shall be entitled, as a matter
<br />of right, to the appointment of a receiver or receivers of the Trust Estate and of the revenues, issues,
<br />payments and profits thereof, pending such proceedings, with such powers as the court making
<br />such appointment shall confer.
<br />Section 7.05 Application of Moneys. All moneys held hereunder or received by the
<br />Trustee pursuant to any right given or action taken under the provisions of this Indenture, the Loan
<br />Agreement, the Mortgage or the Lease Assignment shall, for purposes of this Article VII, after
<br />payment of the cost and expenses of the proceedings resulting in the collection of such moneys
<br />and of the expenses, fees, liabilities and advances incurred or made by the Trustee, and the creation
<br />of a reasonable reserve for anticipated fees, costs and expenses, be deposited in the Bond Fund,
<br />and all moneys in the Bond Fund and in any other fund or account then maintained under this
<br />Indenture shall be applied, as follows:
<br />(a) Unless the principal of all the Bonds shall have become or shall have been
<br />declared due and payable, all such moneys shall be applied:
<br />First: To the payment to the persons entitled thereto of all installments of interest
<br />then due on the Bonds, in the order of the maturity of the installments of such interest, and,
<br />if the amount available shall not be sufficient to pay in full any particular installment, then
<br />to the payment ratably, according to the amounts due on such installment, to the persons
<br />entitled thereto, without any discrimination or privilege; and
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