THE TERM HEREOF.
EXCEPT AS EXPRESSLY SET FORTH IN
THIS SECTION 11.01., THIS TRUST AGREEMENT AND THE TRUSTS CREATED HEREBY MAY NOT
BE REVOKED BY THE OWNER PARTICIPANT.
N-11
SECTION 11.02
OWNER PARTICIPANT HAS NO LEGAL TITLE IN TRUST ESTATE.
NO
OWNER PARTICIPANT SHALL HAVE LEGAL TITLE TO ANY PART OF THE TRUST ESTATE.
NO
TRANSFER, BY OPERATION OF LAW OR OTHERWISE, OF ANY RIGHT, TITLE AND INTEREST OF
THE OWNER PARTICIPANT IN AND TO THE TRUST ESTATE HEREUNDER SHALL OPERATE TO
TERMINATE THIS TRUST AGREEMENT OR THE TRUSTS HEREUNDER OR ENTITLE ANY SUCCESSORS
OR TRANSFEREES OF THE OWNER PARTICIPANT TO AN ACCOUNTING OR TO THE TRANSFER OF
LEGAL TITLE TO ANY PART OF THE TRUST ESTATE.
SECTION 11.03
ASSIGNMENT, SALE, ETC. OF EQUIPMENT.
ANY ASSIGNMENT,
SALE, TRANSFER OR OTHER CONVEYANCE OF THE EQUIPMENT OR ANY PART THEREOF BY THE
OWNER TRUSTEE MADE PURSUANT TO THE TERMS HEREOF SHALL BIND THE OWNER PARTICIPANT
AND SHALL BE EFFECTIVE TO TRANSFER OR CONVEY ALL RIGHT, TITLE AND INTEREST OF
THE OWNER TRUSTEE AND THE OWNER PARTICIPANT IN AND TO THE EQUIPMENT SO ASSIGNED,
SOLD, TRANSFERRED OR CONVEYED.
NO PURCHASER OR OTHER GRANTEE SHALL BE REQUIRED
TO INQUIRE AS TO THE AUTHORIZATION, NECESSITY, EXPEDIENCY OR REGULARITY OF SUCH
ASSIGNMENT, SALE, TRANSFER OR CONVEYANCE OR AS TO THE APPLICATION OF ANY SALE OR
OTHER PROCEEDS WITH RESPECT THERETO BY THE OWNER TRUSTEE.
SECTION 11.04
TRUST AGREEMENT FOR BENEFIT OF CERTAIN PARTIES ONLY.
EXCEPT FOR THE TERMS OF ARTICLE VIII HEREOF AND EXCEPT AS OTHERWISE PROVIDED IN
ARTICLE IX AND SECTIONS 6.07, 10.01 AND 11.01 HEREOF, NOTHING HEREIN, WHETHER
EXPRESSED OR IMPLIED, SHALL BE CONSTRUED TO GIVE ANY PERSON OTHER THAN THE OWNER
TRUSTEE AND THE OWNER PARTICIPANT ANY LEGAL OR EQUITABLE RIGHT, REMEDY OR CLAIM
UNDER OR IN RESPECT OF THIS TRUST AGREEMENT; BUT THIS TRUST AGREEMENT SHALL BE
HELD TO BE FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE OWNER TRUSTEE AND THE OWNER
PARTICIPANT.
SECTION 11.05
NOTICES.
ALL NOTICES, DEMANDS, INSTRUCTIONS AND OTHER
COMMUNICATIONS REQUIRED OR PERMITTED TO BE GIVEN TO OR MADE UPON ANY PARTY
HERETO SHALL BE IN WRITING AND SHALL BE PERSONALLY DELIVERED OR SENT BY
REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, OR BY FACSIMILE, OR BY PREPAID
COURIER SERVICE, AND SHALL BE DEEMED TO BE GIVEN FOR PURPOSES OF THIS AGREEMENT
ON THE DAY THAT SUCH WRITING IS DELIVERED OR, IF SENT BY REGISTERED OR CERTIFIED
MAIL, THREE BUSINESS DAYS AFTER BEING DEPOSITED IN THE MAILS ADDRESSED TO THE
INTENDED RECIPIENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION 11.05.
UNLESS OTHERWISE SPECIFIED IN A NOTICE SENT OR DELIVERED IN
ACCORDANCE WITH THE FOREGOING PROVISIONS OF THIS SECTION 11.05., NOTICES,
DEMANDS, INSTRUCTIONS AND OTHER COMMUNICATIONS IN WRITING SHALL BE GIVEN TO OR
MADE UPON THE RESPECTIVE PARTIES HERETO AT THEIR RESPECTIVE ADDRESSES (OR TO
THEIR RESPECTIVE FACSIMILE NUMBERS) AS FOLLOWS:
(A) IF TO OWNER TRUSTEE, TO:
WELLS FARGO BANK NORTHWEST, N.A., 79 SOUTH MAIN STREET, SALT LAKE CITY, UTAH
84111, TELECOPIER:
(801) 246-5053, ATTENTION:
MR. VAL