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(d) Whether or not therein expressly so provided, every provision of this Indenture relating to
the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the
provisions of this Section.
Section 6.02 Certain Rights and Obligations of the Trustee. Except as otherwise provided
in Section 6.01 hereof:
(a) The Trustee (1) may execute any of the trusts or powers hereof and perform any of its
duties by or through attorneys, agents, receivers or employees (but shall not be answerable for the conduct
of such attorneys, agents, or receivers if appointed with due care); (2) shall be entitled to the advice of
counsel concerning all matters of trusts hereof and duties hereunder; and (3) may pay reasonable
compensation in all cases to all of those attorneys, agents, receivers and employees reasonably employed
by it in connection with the trusts hereof (at its own expense or, if such attorneys, agents, and receivers are
reasonably employed by the Trustee to perform Extraordinary Services, at the expense of the Borrower as
provided in Section 6.03 hereof). The Trustee may act upon the opinion or advice of any attorney (who
may be the attorney or attorneys for the Issuer or the Borrower) and shall not be responsible for any loss or
damage resulting from any action taken or omitted to be taken in good faith in reliance upon that opinion
or advice of counsel.
(b) The Trustee shall not be responsible for:
(1) the validity, priority, recording, re-recording, filing or re-filing of this Indenture or
any Supplemental Indenture or the Regulatory Agreement;
(2) any instrument or document of further assurance or collateral assignment;
(3) insurance of the Project;
(4) the validity of the execution by the Issuer of this Indenture, any Supplemental
Indenture, or instruments or documents of further assurance;
(5) the sufficiency of the security for the Bonds issued hereunder or intended to be
secured hereby; or
(6) the value of or title to the Project;
except that, in the event that the Trustee enters into possession of a part or all of the Project pursuant to any
provision of the Regulatory Agreement or any other instrument or document collateral thereto, the Trustee
shall use due diligence in preserving that property. The Trustee shall not be bound to ascertain or inquire
as to the observance or performance of any covenants, agreements or obligations on the part of the Issuer
or the Borrower under the Loan Agreement except as set forth hereinafter, but the Trustee may require of
the Issuer or the Borrower full information and advice as to the observance or performance of those
covenants, agreements and obligations. Except as otherwise provided in Section 7.04 hereof, the Trustee
shall have no obligation to observe or perform any of the duties of the Issuer under the Loan Agreement.
(c) The Trustee shall not be accountable for the application by the Borrower or any other
Person of the proceeds of any Bonds authenticated or delivered hereunder.
(d) The Trustee shall be protected, in the absence of bad faith on its part, in acting upon any
notice, request, consent, certificate, order, affidavit, letter, telegram or other paper or document reasonably
believed by it to be genuine and correct and to have been signed or sent by the proper Person or Persons.
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