Laserfiche WebLink
<br />-48- <br />Successor Agency all such instruments as may be necessary or desirable to evidence such <br />discharge, including, without limitation, selection by lot of Bonds of any maturity of the Bonds that <br />the Successor Agency has determined to pay and discharge in part. <br /> <br />In the case of a defeasance or payment of all of the Bonds Outstanding, any funds <br />thereafter held by the Trustee which are not required for said purpose or for payment of amounts <br />due the Trustee pursuant to Section 6.06 shall be paid over to the Successor Agency for deposit <br />in the Redevelopment Obligation Retirement Fund. <br /> <br />Section 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, <br />consent, declaration or other instrument which this Indenture may require or permit to be executed <br />by any Owner may be in one or more instruments of similar tenor, and shall be executed by such <br />Owner in person or by their attorneys appointed in writing. <br /> <br />Except as otherwise herein expressly provided, the fact and date of the execution by any <br />Owner or his attorney of such request, declaration or other instrument, or of such writing <br />appointing such attorney, may be proved by the certificate of any notary public or other officer <br />authorized to take acknowledgments of deeds to be recorded in the state in which he purports to <br />act, that the person signing such request, declaration or other instrument or writing acknowledged <br />to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before <br />such notary public or other officer. <br /> <br />The ownership of Bonds and the amount, maturity, number and date of ownership thereof <br />shall be proved by the Registration Books. <br /> <br />Any demand, request, direction, consent, declaration or other instrument or writing of the <br />Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or <br />suffered to be done by the Successor Agency or the Trustee and in accordance therewith, <br />provided, however, that the Trustee shall not be deemed to have knowledge that any Bond is <br />owned by or for the account of the Successor Agency unless the Successor Agency is the <br />registered Owner or the Trustee has received written notice that any other registered Owner is <br />such an affiliate. <br /> <br />Section 9.05. Disqualified Bonds. In determining whether the Owners of the requisite <br />aggregate principal amount of Bonds have concurred in any demand, request, direction, consent <br />or waiver under this Indenture, Bonds which are owned or held by or for the account of the <br />Successor Agency or the City (but excluding Bonds held in any employees' retirement fund) shall <br />be disregarded and deemed not to be Outstanding for the purpose of any such determination. <br /> <br />Section 9.06. Waiver of Personal Liability. No member, officer, agent or employee of the <br />Successor Agency shall be individually or personally liable for the payment of the principal of or <br />interest on the Bonds; but nothing herein contained shall relieve any such member, officer, agent <br />or employee from the performance of any official duty provided by law. <br /> <br />Section 9.07. Destruction of Cancelled Bonds. Whenever in this Indenture provision is <br />made for the surrender to the Trustee of any Bonds which have been paid or cancelled pursuant <br />to the provisions of this Indenture, the Trustee shall destroy such bonds and upon request of the <br />Successor Agency provide the Successor Agency a certificate of destruction. The Successor <br />Agency shall be entitled to rely upon any statement of fact contained in any certificate with respect <br />to the destruction of any such Bonds therein referred to. <br /> <br />474