IDA. The Trustee may refuse to comply with the directions of the Participant to invest in assets other
<br />than those listed in its Permissible Investments Guidelines or with directions which the "Trustee
<br />deems to be improper or contrary to the provisions of the Plan and Trust or the Internal Revenue
<br />Code and shall have no liability for such refusal.
<br />(b) Participant Directed Account within Plan Administrator Selected Investment Options
<br />("Directed Accounts"): If the Agency so elects, and directs the Trustee to execute appropriate legal
<br />agreements, the Participant's Account Balance shall be segregated into a Participant Directed
<br />Account ("Directed Account"), over which the Participant may direct investment into one or more
<br />investment alternatives ("Investment Options"). The Plan Administrator or its appointed Investment
<br />Fiduciary shall have full responsibility for designating the Investment Options under the Plan and for
<br />selecting the underlying investment vehicle(s) far each designated Investment Option into which a
<br />Participant may direct investment of his or her Directed Account. To the extent allowed by law,
<br />neither the Agency, the Plan Administrator, the Record -keeper, nor the Trustee shall have any
<br />responsibility for monitoring the directions of the Participant nor shall the Agency, the Plan
<br />Administrator, the Record -keeper or the Trustee be liable in any manner for investment or other
<br />losses or other liability for following directions of a Participant.
<br />(c) If Directed Accounts are established, notwithstanding any other provision of this
<br />Trust Agreement, the Agency may appoint the Trustee to provide ministerial administrative services
<br />for such accounts by so indicating in the Agency's Plan, provided that an acceptable service
<br />agreement has been executed by and between the Agency, the Plan Administrator, the Trustee and
<br />the Record -keeper.
<br />ARTICLE III
<br />TRUSTEE'S POWERS
<br />3.1 General Trustee's Powers. Except as otherwise provided in Article II, the Trustee shall
<br />have full power and authority with respect to property held in the Trust to do all such acts, take all
<br />proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this
<br />document, as could be done, taken or exercised by the absolute owner, including, without limitation,
<br />the following:
<br />(a) To iaivest and reinvest the Trust or any ,part hereof in any one or more kind, type,
<br />class, item or parcel of properly, real, personal or mixed, tangible or intangible; or in any one or
<br />more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class
<br />or item of obligation, secured or unsecured; or in any combination of them; and to retain the property
<br />associated with such investment or reinvestment for the period of time that the Trustee deems
<br />appropriate.
<br />(b) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including
<br />mineral leases, and for terms within or extending beyond the life of this Trust), exchange and in any
<br />other manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for
<br />cash or credit and upon any reasonable terms and conditions.
<br />(c) To make "deposits" with any bank or savings and loan institution, including any
<br />such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of
<br />55A-24
<br />
|