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specific performance of any covenant or agreement contained in the Series 2026A Note or <br /> in this Loan Agreement, or in aid of the execution of any power herein granted, or for the <br /> enforcement of any other appropriate legal or equitable remedy, as the City shall deem <br /> most effectual to protect and enforce any of its rights or duties hereunder. <br /> The City expressly acknowledges that all right, title and interest of the City in and to this <br /> Loan Agreement(excluding Unassigned Rights)have been assigned to the Trustee, as security for <br /> the Series 2026A Bonds under and as provided in the Indenture, and that the Trustee shall be <br /> entitled to act hereunder in the place and stead of the City (including, without limitation, if any <br /> Event of Default shall occur), subject to the limitations and its protections in the Indenture as to <br /> the enforcement of remedies. <br /> Section 4.03. Application of Proceeds of Remedies. The proceeds or avails resulting from <br /> the exercise of any such remedies, together with any other sums which then may be held by the <br /> City under this Loan Agreement, whether under the provisions of this Article or otherwise, shall <br /> be applied as follows: <br /> FIRST,to the payment of amounts,if any,then legally required and payable pursuant <br /> to the Tax Agreement; <br /> SECOND, to the payment of the reasonable costs and expenses of the exercise of <br /> such remedies, including reasonable compensation to the City, the Trustee and the Initial <br /> Purchasers, and their respective agents, attorneys and counsel, and the expenses of any <br /> related judicial proceedings, and of all expenses, liabilities and advances made or incurred <br /> by the City, the Trustee and the Initial Purchasers as permitted by this Loan Agreement, <br /> together with interest at the Trustee's Prime Rate on all advances made by the City, the <br /> Trustee and the Initial Purchasers, and their respective agents, attorneys and counsel, and <br /> to the payment of all taxes, assessments or liens prior to the liens or other charges, subject <br /> to which any Property may have been sold; <br /> THIRD, to the payment of the whole amount then due, owing and unpaid upon the <br /> Series 2026A Note for principal and interest, and all amounts due and owing under the <br /> Indenture;; <br /> FOURTH, to the payment of any other sums required to be paid by the Borrower <br /> pursuant to any provisions of this Loan Agreement or of the Series 2026A Note; and <br /> FIFTH, to the payment of the surplus, if any, to the Borrower, its successors or <br /> assigns, upon the written request of the Borrower or to whomsoever may be lawfully <br /> entitled to receive the same upon its written request, or as any court or competent <br /> jurisdiction may direct. <br /> Section 4.04. Restoration to Original Position. In case the City shall have proceeded to <br /> enforce any right under this Loan Agreement, and such proceedings shall have been discontinued <br /> or abandoned for any reason,or shall have been determined adversely,then and in every such case <br /> the City, the Borrower and the Trustee shall be restored to their former positions and rights <br /> -26- <br />