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<br />failure of consideration, destruction of or damage to the Facilities, eviction by paramount title, <br />commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Trustee, change in <br />the tax or other laws or administrative rulings or actions of the United States of America or ofthe <br />State or any political subdivision thereof, or failure of the Issuer to perform and observe any <br />agreement, whether express or implied, or any duty, liability, or obligation arising out of or <br />connected with this Loan Agreement. <br /> <br />SECTION 4.05. CORPORA TION'S REMEDIES. Nothing contained in this Article 4 shall be <br />construed to release the Issuer from the performance of any of its agreements in this Loan <br />Agreement, and if the Issuer should fail to perform any such agreement, the Corporation may <br />institute such action against the Issuer as the Corporation may deem necessary so long as such action <br />shall not violate the Corporation's agreements in Section 4.04 or diminish or delay the amounts <br />required to be paid by the Corporation pursuant to Section 4.02 hereof. The Corporation <br />acknowledges however and agrees that any pecuniary obligation of the Issuer created by or arising <br />out of this Loan Agreement shall be payable solely out of the proceeds derived from this Loan <br />Agreement, any sale of the Bonds, any insurance or condemnation awards or upon sale or other <br />disposition of the Facilities. The Corporation may, at its own cost and expense and in its own name, <br />prosecute or defend any action or proceeding against third parties or take any other action which the <br />Corporation deems reasonably necessary in order to secure or protect its right of possession and use <br />of the Facilities. In such event, the Issuer agrees to cooperate fully with the Corporation and to take <br />all action necessary to effect the substitution of the Corporation for the Issuer in any such action or <br />proceeding ifthe Corporation shall so request and agree to any and all costs and expenses and agree <br />to indemnify the Issuer and save it harmless against any risks, claims, or liabilities arising out of such <br />action. <br /> <br />(Remainder of this page intentionally left blank.) <br /> <br />4-3 <br />