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<br />tt_geoine basis to develop strateeies for Asset deposition. <br />ARTICLE III. <br />LIQUIDATING TRUSTEE ACCEPTANCE <br />3.1 Acceptance of Liquidating Trust. The Liquidating Trustee accepts the <br />Liquidating Trust imposed by this Trust Aereemen[ and the Plan, and agrees to perform upon and <br />subject to the terms and conditions set forth herein~rtd-in-the-P`fazr. and in the Plan. <br /> 3 2 Name of Trust T he Liauid atine T pct estab iched h r by shall b ar then me <br />"Benton Liauidatine Trust" In connecti on with the exercise of his D owers authorities and <br />duties a s Liauidatine Trustee th e Liauida titr name or such variatio <br />thereon as he sees fit or may u se his ow n name. as Liauidatinrr Tru stee. <br />ARTICLE IV. <br />RIGHTS, POWERS AND DUTIES OF LIQUIDATING TRUSTEE <br />4.1 Status of Liquidating Trustee. On the Effective Date of the Plan, the Liquidating <br />Trustee shall be the representative of the Estates as that term is used in 11 U.S.C. <br />§ 1123fb)(31fB1 and shall have the rights and powers provided for in the Bankruptcy Code in <br />addition to any rights and powers granted in this Trust Agreement and in the Plan. The <br />Liquidating Trustee shall be the successor-in-interest to the Debtors and the Committee with <br />respect to any Avoidance Action or any other action As1i4II commenced by a Debtor or the <br />Committee prior to the Confirmation Date an_d shall be deemed substitt_rted for the same as the <br />party in such liti¢ation. All such Avoidance Actions , <br />shall-br Actions and other actions and anv and all other claims. ri~itc or interests <br />ro cti tin scats, chat! be preserved. retained and enforced by the Liquidating Trustee as the <br />representative of the Estates pursuant to ~ 11 U,S,C. <br />S 112ifh1l31lRL The i.imridatinn Trustee shall be a party-in-interest as to all matters over <br />s <br />4.2 Authority. Subject to any limitations contained in, or as otherwise provided by, <br />this Trust Agreement or in the Plan, the Liquidating Trustee shall have the following powers, <br />authorities and duties by wav of the illustration and not of limitation: <br />(a) Manage, sell and conven all or any portion of the Assets to Cash and <br />distribute the Net Distributable Proceeds as specified in the Plan; <br />(b) Retease, convey or assign any right, title or interest in or about the Assets <br />of ~ any ponion thereof; <br />(c) Pay and discharge any costs, expenses, professional fees or obligations <br />deemed trecessary to preserve or enhance the value of the Assets, discharge <br />I/ <br />DN 95776.1 17680 00707 (Comparison of Dccumen:s DN5J4 `~.2 to ON5J451. 11 <br />6/75/97 9:55 am <br />