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the date hereof, except that costs paid or incurred by the <br /> Developer with respect to the Project before such date may <br /> be included to the extent that such inclusion will not <br /> result in less than substantially all of the proceeds of <br /> the Bonds being used for the acquisition, construction, <br /> reconstruction or improvement of land or property of a <br /> character subject to the allowance for depreciation; and <br /> <br /> (e) the amount necessary to provide financing <br /> for the Project requires the issuance of the Bonds in a <br /> total principal amount not to exceed $27,500,000. <br /> <br /> 1.04. Appointments. <br /> <br /> (a) Trustee. The Central Trust Company, N.A., is hereby <br />appointed as trustee for the City and the owners of the Bonds, <br />with the duties and powers of the Trustee as set forth in the <br />Indenture; provided, however, that the City shall not be liable <br />for the fees and expenses of the Trustee except to the extent <br />that revenues for such purpose are made available to the City <br />under and pursuant to the Indenture. <br /> <br /> (b) Bond Counsel. Stradling, Yocca, Carlson & Rauth, a <br />Professional Corporation, Ne%~port Beach, California, and <br />Dunnells, Duvall, Bennett & Porter, Washington, D.C., are <br />hereby appointed as Co-Bond Counsel, p~ovided, however, that <br />the City shall not be liable for the fees and expenses of <br />Co-Bond Counsel except to the extent that Bond proceeds are <br />made available to it for such purpose. <br /> <br />--6-- ' <br /> <br /> <br />