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ARTICLE 9 <br />NONDIVERSION; PROHIBITED TRANSACTIONS; BONDING <br />9M Diversion, Assignment Prohibited. The following provisions shall apply, <br />notwithstanding any provision of this Declaration of Trust or any amendment <br />hereto to the contrary. <br />(a) This Declaration of Trust (and any amendment hereto) is adopted as <br />part of the Participating Trust. <br />(b) Only Eligible Trusts may be admitted as Participating Trusts <br />(c) No part of the corpus or income of the Trust which equitably belongs <br />to a Participating Trust, other than such part as is required to pay <br />taxes and the expenses of the Trust as provided in this Declaration of <br />Trust, shall be used or diverted to any purposes other than for the <br />exclusive benefit (as that term is used in Section 401(a) of the Code) <br />of the Participating Trust, or its participants or their beneficiaries who <br />are entitled to benefits under such Participating Trust, <br />(d) Each Participating Trust shall be exempt from Federal income <br />taxation. <br />(e) A separate account will be maintained to reflect the interest of each <br />Participating Trust, including separate accounting for contributions to <br />the Trust by such Participating Trust, disbursements made from each <br />such Participating Trust's account and the investment experience of <br />the Trust (or Fund) allocable to that account. <br />(f) No part of the Trust which equitably belongs to a Participating Trust <br />shall be subject to any legal process, levy of execution, receivership, or <br />attachment or garnishment proceedings for payment of any claim <br />against any such Participating Trust or any employee or beneficiary <br />thereof, and such interests shall not pass to any trustee in bankruptcy <br />or be reached or applied by any legal process for the payment of any <br />obligation of any Participating Trust. <br />(g) Each Participating Trust shall expressly provide in its governing <br />document that it is impossible, prior to the satisfaction of all liabilities <br />with respect to participants and their, beneficiaries, for any part of the <br />corpus or income of the Participating Trust to be used for, or diverted <br />to, purposes other than for the exclusive benefit (as that term is used <br />in Section 401(a) of the Code) of the Participating Trust, or its <br />DB 11806241859 L) -29- <br />