Rev 6.4.04
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3-
6.
Ownership, Additions, Release or Substitution of Collateral
. The Depository
represents and warrants that it is the owner of the Collateral and that such Collateral
is and will remain free and clear of any and all security interests, liens and claims of
any other person, except for the security interest and pledge granted in this
Agreement to the Treasurer. The Depository shall be deemed to repeat such
representation with respect to Collateral delivered in addition to or in substitution of
the existing Collateral. The Depository shall have the right at any time, with prior
written approval of the Treasurer, to substitute acceptable Collateral of equal or
greater fair market value. No Collateral may be substituted when the substitution is
less than the existing fair market value without written approval of the Treasurer. No
Collateral may be released without written approval of the Treasurer.
7.
Maintenance of Collateral
. The Depository agrees to take all steps required by it
under applicable law to create, maintain and perfect the Treasurer’s security interest
in the Collateral granted by this Agreement. The Depository agrees to execute any
additional documents or take whatever other action is requested by the Treasurer to
perfect and continue the Treasurer’s security interest in the Collateral.
8.
Continuously Maintain Agreement
. The Depository agrees that it will immediately
upon execution of this Agreement keep and continuously maintain an executed copy
of this Agreement, the agreement provided for in paragraph 4 above, and such other
customary writings and records sufficient to identify the Collateral which has been
pledged to the Treasurer.
9.
Termination
. This Agreement shall continue in full force and effect for as long as
the Depository holds deposits of public funds that are required to be collateralized as
described in NRS 356.360. Notwithstanding the foregoing, either party may
terminate its participation under this Agreement for any reason by giving written
notification of termination to the other. Termination becomes effective ninety (90)
days after the date the non-terminating party receives such written notice of
termination.
10.
Successors and Assigns
. This Agreement is continuing and binding upon the
Depository, its successors and assigns, and shall inure to the benefit of the Treasurer,
and his successor and assigns.
11.
Default and Remedies
. The Depository shall be in default of this Agreement upon:
failure to place Collateral with the Custodian; failure to repay public funds deposited
with the Custodian in accordance with the terms of the deposit; failure to perform any
of the material terms of this Agreement; closure, suspension or revocation by any
federal or state authority or banking regulators; or any representation, warranty or
statement made or furnished to the Treasurer by or on behalf of the Depository
proving to have been false in any material respect when made or furnished. In the
event of default, the Treasurer shall have all the rights and remedies of a secured
party provided for at law or in equity, by NRS chapter 356, NAC chapter 356 or by
Nevada law.