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l5/ • ` ``�`� <br /> � <br /> 4.3 Custodial Powers _ =�:� :�.:T� - <br /> If an Altemate Trustee has been appointed pursuant to Section 3.9, Union Bank <br /> of Califomia, N.A., ("Bank'� as Custodian, shall only have the following • <br /> responsibilities: <br /> (a) Keep records of all transactions entered into for the Agency Trust and <br /> fumish to Altemate Trustee statements rio less frequently than quarterly <br /> showing all principal and income transactions and Agency Trust Assets, <br /> which shall be deemed ratified and approved by Altemate Trustee unless <br /> Custodian is advised to the contrary within ninety (90) days of Custodian's <br /> mailing thereof by first class mail to Altemate Trustee; <br /> (b) Receive payments of income and principal on Agency Trust Assets, and <br /> retain or remit in accordance with Alternate Trustee's written instructions; <br /> (c) Hold Agency Trust Assets in Bank's name as Custodian for Altemate <br /> Trustee or in Bank's nominee name, or, as to securities eligible to be held <br /> by the depository trust company or other depository, in its nominee name; <br /> (d) Purchase and sell securities, attend to the exchange of securities, deposit <br /> or exchange securities of companies in reorganization, and tender <br /> securities on redemption or tender offer solely upon direction of Altemate <br /> Trustee; <br /> (e) Sign the name of Alternate Trustee to stock and bond powers and any <br /> other instruments required for the proper exercise of Bank's .duties, and <br /> Bank is appointed Alternate Trustee's attorney-in-fact for these purposes; <br /> (� Forward all proxies and accompanying materials to Alternate Trustee to <br /> be voted unless directed in writing to the contrary. Disclose Altemate <br /> Trustee's name and address in response to requests from issuers of <br /> securities and others to facilitate direct communication for proxy and <br /> tender offer response; <br /> (g) Sell all fractional shares of stock received as a result of stock dividends or <br /> other corporate action; <br /> (h) Notify Atternate Trustee of any inability to coflect income or principal if the <br /> securities or other property constituting Assets upon which such amount is <br /> payable is in default, or if payment is refused after due demand. Bank <br /> shall be under no obligation or duty to take any action to effect collection <br /> of defaulted payments, or to file or pursue any bankruptcy or class action <br /> claims with respect to Agency Trust. <br /> �� <br /> 2567 12 PEL <br />