1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />(a) Bring action upon the Bonds; <br /> <br />(b) Commence judicial proceedings to enforce or foreclose the Mortgage; or to <br />enforce or foreclose any security agreement or other lien or security given to secure payment <br />of the Bonds including its rights under the Loan Agreement and the Assignment; or for the <br />enforcement of any other rights or remedies available under the laws of the State of North <br />Dakota; <br /> <br />( c) Commence judicial proceedings to enforce this Indenture, the Mortgage and <br />the Assignment, with such powers as the court making such appointment shall confer; <br /> <br />(d) Pursue any other available remedy to enforce payment of the Bonds, <br />including, without limitation, mandamus. <br /> <br />No remedy is intended to be exclusive of any other remedy, but each and every such remedy <br />shall be cumulative and shall be in addition to any other remedy given to the Trustee or Bondholders <br />hereunder or now or hereafter existing by law. <br /> <br />SECTION 8.3. ApPLICATION OF MONEYS. All moneys received by the Trustee pursuant to <br />any action taken under this Article VIII shall be applied first to the payment ofthe fees and expenses <br />ofthe Trustee or Bondholders in taking such action and second to payment to the Issuer of any sums <br />due and owing the Issuer under Section 4.03 of the Loan Agreement. The balance of such moneys, <br />less such amounts as the Trustee shall determine may be needed for possible use in paying future <br />fees and expenses and for the preservation and management of the Facilities, shall be deposited by <br />the Trustee in the Bond Fund and be applied as follows: <br /> <br />(a) Unless the principal on all Bonds shall have become or been declared due and <br />payable, all such moneys shall be applied: <br /> <br />First: To the payment of all installments of interest then due on the Bonds <br />in order of maturity, and, ifthe amount available shall not be sufficient to pay in full <br />any particular installment, then to the ratable payment of the amounts due on such <br />installment; and <br /> <br />Second: To the payment of the unpaid principal of any of the Bonds which <br />shall have become due (other than Bonds called for redemption for the payment of <br />which moneys are held pursuant to the provisions of this Indenture), in the order of <br />their due dates, with interest on such Bonds from the respective dates upon which <br />they became due and, if the amount available shall not be sufficient to pay in full <br />Bonds due on any particular date, together with such interest, then to the ratable <br />payment of the amounts due on such date. <br /> <br />8-2 <br />
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