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-36- <br />and interest of such predecessor Trustee in and to any property held by it under this Indenture <br />and shall pay over, transfer, assign and deliver to the successor Trustee any money or other <br />property subject to the trusts and conditions herein set forth. Upon request of the successor <br />Trustee, the Successor Agencyshall execute and deliver any and all instruments as may be <br />reasonably required for more fully and certainly vesting in and confirming to such successor <br />Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. <br />Upon acceptance of appointment by a successor Trustee as provided in this subsection, the <br />Successor Agencyshall mail a notice of the succession of such Trustee to the trusts hereunder <br />to the Owners at their respective addresses shown on the Registration Books. If the Successor <br />Agencyfails to mail such notice within fifteen (15) days after acceptance of appointment by the <br />successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense <br />of the Successor Agency. <br />(e) Any Trustee appointed under the provisions of this Section in succession to the <br />Trustee shall be a financial institution having a corporate trust office in the State, having (or in <br />the case of a corporation or trust company included in a bank holding company system, the <br />related bank holding company shall have) a combined capital and surplus of at least <br />$75,000,000, and subject to supervision or examination by federal or state authority. If such <br />financial institution publishes a report of condition at least annually, pursuant to law or to the <br />requirements of any supervising or examining authority above referred to, then for the purpose <br />of this subsection the combined capital and surplus of such financial institution shall be deemed <br />to be its combined capital and surplus as set forth in its most recent report of condition so <br />published. In case at any time the Trustee shall cease to be eligible in accordance with the <br />provisions of this subsection (e), the Trustee shall resign immediately in the manner and with <br />the effect specified in this Section. <br />The Successor Agency will maintain a Trustee which is qualified under the provisions of <br />the foregoing provisions of this subsection (e), so long as any Bonds are Outstanding. <br />Section 6.02. Merger or Consolidation. Any bank or trust company into which the <br />Trustee may be merged or converted or with which may be consolidated or any bank or trust <br />company resulting from any merger, conversion or consolidation to which it shall be a party or <br />any bank or trust company to which the Trustee may sell or transfer all or substantially all of its <br />corporate trust business, provided such bank or trust company shall be eligible under <br />subsection (e) of Section 6.01, shall be the successor to such Trustee without the execution or <br />filing of any paper or any further act, anything herein to the contrary notwithstanding. <br />Section 6.03. Liability of Trustee. <br />(a) The recitals of facts herein and in the Bonds contained shall be taken as statements <br />of the Successor Agency, and the Trustee shall not assume responsibility for the correctness of <br />the same, nor make any representations as to the validity or sufficiency of this Indenture or of <br />the security for the Bonds or the tax status of interest thereon nor shall incur any responsibility <br />in respect thereof, other than as expressly stated herein. The Trustee shall, however, be <br />responsible for its representations contained in its certificate of authentication on the Bonds. <br />The Trustee shall not be liable in connection with the performance of its duties hereunder, <br />except for its own negligence or intentional misconduct. The Trustee shall not be liable for the <br />acts of any agentsof the Trustee selected by it with due care. The Trustee and its officers and <br />employees may become the Owner of any Bonds with the same rights it would have if they were <br />not Trustee and, to the extent permitted by law, may act as depository for and permit any of its <br />officers or directors to act as a member of, or in any other capacity with respect to, any