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<br /> <br /> <br /> <br /> <br /> <br /> liability and accountability to the Agency, the Plan Administrator and Participants with respect to the <br /> propriety of its acts and transactions shown in such account except with respect to any such acts or <br /> transactions as to which the Agency files written objections within such ninety-day period with the <br /> Trustee. <br /> <br /> 4.4 Reports. The Trustee shall file such descriptions and reports and shall furnish such <br /> information and make such other publications, disclosures, registrations and other filings as are <br /> required of the Trustee by the Code or any other applicable law or regulation. <br /> <br /> 4.5 Follow Plan Administrator and Investment Manager Direction. The Trustee shall have <br /> the power and duty to comply promptly with all proper directions of the Plan Administrator, the <br /> Agency, and any duly appointed investment manager. Except as to investment directions received <br /> from the Plan Administrator or investment manager, the Trustee shall not act on any directions or <br /> requests received from Participants. <br /> ARTICLE V <br /> <br /> RESTRICTIONS ON TRANSFER <br /> <br /> 5.1 Persons to Receive Payment. <br /> <br /> (a) As directed by the Plan Administrator, the Trustee shall, except as otherwise <br /> provided in subsection (b), pay all amounts distributable hereunder only to the person or persons <br /> designated under the Plan or deposit to the Participant's or Beneficiary's checking or savings account <br /> and not to any other person or corporation, and only to the extent of assets held in the Trust. The <br /> Plan Administrator's instructions to the Trustee regarding whether or not to make distributions, and <br /> the amount of such distributions, shall be conclusive on all Participants and Beneficiaries. <br /> (b) In the event any controversy shall arise as to the person or persons to whom any <br /> distribution or payment is to be made by the Trustee, or as to any other matter arising in the <br /> administration of the Plan or Trust, the Trustee may, (i) retain the amount in controversy pending <br /> resolution of the controversy, (ii) file an action seeking declaratory relief, or (iii) interplead the <br /> Trust Assets in issue, and (iv) name the Agency and/or any or all persons making conflicting <br /> demands as necessary parties. <br /> <br /> (c) The Trustee shall not be liable for the payment of any interest or income on any <br /> amount withheld or interpleaded under subsection (b). <br /> (d) The expenses incurred by the Trustee for taking any action under subsection (b) <br /> shall be charged by the Trustee to the Trust unless paid by the Agency. <br /> <br /> 5.2 Assignment and Alienation Prohibited. In accordance with Section 457 of the Code, <br /> Trust Assets shall not be subject to any claims of Agency or other creditors. Additionally, no benefit <br /> or interest available hereunder shall be subject in any manner to assignment or alienation, whether <br /> voluntarily or involuntarily, or to legal process except as permitted in the Internal Revenue Code, <br /> applicable state or federal law, or as provided in the Plan. <br /> <br /> <br /> <br /> 13 <br /> <br /> 55C-31 <br />