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�.i . <br /> �� <br /> 4.2 Additional Trustee Powers ' � <br /> In addition to the other powers enumerated above, and whether or not the <br /> Member Agency has retained investment authority or delegated it to an • <br /> Investment Fiduciary or Participants in Participant Directed Accounts, the Trustee <br /> in any and all events is authorized and empowered: <br /> (a) To invest funds pending required directions in any type of interest-bearing <br /> account including without limitation, time certificates of deposi# or interes#- <br /> bearing accounts issued by Union Bank of Califomia N.A., or any mutual <br /> fund or short term investment fund ("Fund"), whether sponsored or <br /> advised by Union Bank of Califomia or any affiliate thereof; Union Bank of <br /> Califomia, N.A. or its affiliate may be compensated for providing such <br /> investment advice and providing other services to such Fund, in addition <br /> to any Trustee's fees received pursuant to this Trust Agreement; <br /> (b) To cause all or any part of the Agency Trust to be held in the name of the <br /> Trustee (which in such instance need not disclose its fiduciary capacity) <br /> or, as permitted by law, in the name of any nominee, and to acquire for the <br /> Agency Trust any investment in bearer ±orm, but the books and records of <br /> the Agency Trust shall at all times show that all such investments are a <br /> part of the Agency Trust and the Trustee shall hold evidences of title to all <br /> such investments; <br /> (c) To serve as sole custodian with respect to the Agency Trust Assets; <br /> (d) To employ such agents and counsel as may be reasonably necessary in <br /> managing and protecting the Assets and to pay them reasonable <br /> compensation; to employ any broker-dealer, including a broker-dealer <br /> affiliated with the Trustee, and pay to such broker-dealer at the expense of <br /> the Agency Trust, its standard commissions; to:.settle, compromise or <br /> abandon �all claims and demands in favor of or against the Agency Trust; <br /> and to charge any premium on bo�ds purchased at par value to the <br /> principal of the Agency Trust without amortization from the Agency Trust, <br /> regardless of any law relating thereto; <br /> (e) In addition to the powers listed here��i, to do all other acts necessary or <br /> desirable for the proper administration of the Agency Trust, as though the <br /> absolute owner thereof; <br /> (� To abandon, compromise, contest, a� or settle claims or demands; <br /> to prosecute, compromise and defend lawsuits, but without obligation to <br /> do so, all at the risk and expense of the Agency Trust; <br /> (g) To exercise and perform any and all of the other powers and duties <br /> specified in this Trust Agreement or the Plan; <br /> 15 <br /> 2567_12 PEL <br />