ACTION EXCEPT UNDER SPECIFIED DOCUMENTS OR
INSTRUCTION.
THE OWNER TRUSTEE AGREES THAT IT WILL NOT MANAGE, CONTROL, USE,
SELL, DISPOSE OF OR OTHERWISE DEAL WITH THE EQUIPMENT OR ANY OTHER PART OF THE
TRUST ESTATE EXCEPT (I) AS EXPRESSLY REQUIRED BY THE TERMS OF ANY DOCUMENT TO
WHICH THE OWNER TRUSTEE MAY BE A PARTY, (II) AS EXPRESSLY PROVIDED BY THE TERMS
HEREOF, OR (III) AS EXPRESSLY PROVIDED IN WRITTEN INSTRUCTIONS FROM THE OWNER
PARTICIPANT PURSUANT TO SECTION 5.01 HEREOF.
ARTICLE VI
THE OWNER TRUSTEE
SECTION 6.01
ACCEPTANCE OF TRUSTS AND DUTIES.
WFB ACCEPTS THE TRUSTS
HEREBY CREATED AND AGREES TO PERFORM THE SAME BUT ONLY UPON THE TERMS HEREOF
APPLICABLE TO IT.
THE OWNER TRUSTEE ALSO AGREES TO RECEIVE AND DISBURSE ALL
MONIES RECEIVED BY IT CONSTITUTING PART OF THE TRUST ESTATE UPON THE TERMS
HEREOF.
WFB SHALL NOT BE ANSWERABLE OR ACCOUNTABLE UNDER ANY CIRCUMSTANCES,
EXCEPT (A) FOR ITS OWN WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, (B) ITS FAILURE
(IN ITS INDIVIDUAL CAPACITY) TO PERFORM ITS OBLIGATIONS UNDER THE LAST SENTENCE
OF SECTION 5.03 HEREOF, (C)FOR ITS OR THE OWNER TRUSTEE'S FAILURE TO USE
ORDINARY CARE TO DISBURSE FUNDS OR TO COMPLY WITH THE FIRST SENTENCE OF
SECTION 6.08 HEREOF AND (D) FOR LIABILITIES THAT MAY RESULT FROM THE INACCURACY
OF ANY REPRESENTATION OR WARRANTY OF IT IN ITS INDIVIDUAL CAPACITY (OR FROM THE
FAILURE BY IT IN ITS INDIVIDUAL CAPACITY TO PERFORM ANY COVENANT) IN
SECTION 6.03 HEREOF.
SECTION 6.02
ABSENCE OF CERTAIN DUTIES.
EXCEPT IN ACCORDANCE WITH
WRITTEN INSTRUCTIONS FURNISHED PURSUANT TO SECTION 5.01 HEREOF AND EXCEPT AS
PROVIDED IN, AND WITHOUT LIMITING THE GENERALITY OF, SECTIONS 3.01 AND 5.03
HEREOF AND THE LAST SENTENCE OF SECTION 9.01(B) HEREOF, NEITHER THE OWNER
TRUSTEE NOR WFB SHALL HAVE ANY DUTY (I) TO SEE TO ANY RECORDING OR FILING OF ANY
DOCUMENT OR OF ANY SUPPLEMENT TO ANY THEREOF OR TO SEE TO THE MAINTENANCE OF ANY
SUCH RECORDING OR FILING OR ANY OTHER FILING OF REPORTS WITH THE FEDERAL
AVIATION ADMINISTRATION OR OTHER GOVERNMENTAL AGENCIES, EXCEPT THAT WFB IN ITS
INDIVIDUAL CAPACITY AGREES TO COMPLY WITH THE FEDERAL AVIATION ADMINISTRATION
REPORTING REQUIREMENTS SET FORTH IN 14 C.F.R. § 47.45 AND 14 C.F.R. § 47.51, AND
THE OWNER TRUSTEE SHALL COMPLETE AND TIMELY SUBMIT (AND FURNISH THE OWNER
PARTICIPANT WITH A COPY OF) ANY AND ALL REPORTS RELATING TO THE EQUIPMENT WHICH
MAY FROM TIME TO TIME BE REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION OR ANY
GOVERNMENT OR GOVERNMENTAL AUTHORITY HAVING JURISDICTION, (II) TO SEE TO ANY
INSURANCE ON THE EQUIPMENT OR TO EFFECT OR MAINTAIN ANY SUCH INSURANCE, OR
(III) TO SEE TO THE PAYMENT OR DISCHARGE OF ANY TAX, ASSESSMENT OR OTHER
GOVERNMENTAL CHARGE OR ANY LIEN OR ENCUMBRANCE OF ANY KIND OWING WITH RESPECT
TO, ASSESSED OR LEVIED AGAINST ANY PART OF THE TRUST ESTATE.
NOTWITHSTANDING
THE FOREGOING, THE OWNER TRUSTEE WILL FURNISH TO THE OWNER PARTICIPANT, PROMPTLY
UPON RECEIPT THEREOF, DUPLICATES OR COPIES OF ALL REPORTS, NOTICES, REQUESTS,
DEMANDS, TAX BILLS, INVOICES, CERTIFICATES AND FINANCIAL