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<br />oneoine basic to develop crrateeies 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 Agreement and the Plan, and agrees to perform upon and <br />subject to the tetras and conditions set forth herein- and in the Plan. <br />3.2 Name of Tract The Liauidatine T Icr estbsched h r by hall b ar h n m <br />' <br />" <br />" <br />ny Tract <br />Renton L.iauida <br />.. In connecti n with the exercise of his Dowers. authorities and <br />duties ac_ L.iauidatine'IYt!ste aline Trn aee may use m h n m or c h variatio <br />thereon as he sees fit. or m is own name . as L.iauidating Trustee. <br />ARTICLE IV. . <br />RIGHTS, POVI~RS 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 at term is aced in 11 .S. . <br />~ 1123(bl(31(Bl and shall have the rights and powers provided for in the Bankruptcy Code in <br />addition to any rights and powers granted in this Ttvst Agreement and in the Plan. The <br />Liquidating Trustee shall bt: the successor-in-interest to the Debtors and the Committee with <br />respect to any Avoidance Action or any other action ~j commenced by a Debtor or the <br />Committee prior to the Confumation Date 1 6 deem d cubcti .t d for the c m c th <br />Dartv in such litiaatio A.ll such Avoidance Actions , <br />shaft-br. Actions. and ol:her actior~ and anv and all other claims. rights or interests <br />constituting A_ccetc, shall be Drese~rved. retained and enforced by the Liquidating Trustee as the <br />representative of the Estates ptttsttant to 11 U.S.C. <br />6 1123(b)(31B1. The Liauidatine Trustee shall be a Dartv~ainterest as to all matters over <br />w <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., bv~w;av of the illustration limitatio <br />(a) Manage, sell and convert all or any portion of the Assets to Cash and <br />distribute the Net Distributable Proceeds as specified in the Plan; <br />(b) Release, convey or assign any right, title or interest in or about the Assets <br />of !z[ ;any pottion thereof: <br />(c) Pay and discharge any costs, expenses, professional fees or obligations <br />deemed necessary to preserve or enhance the value of the Assets, discharge <br />I/ <br />DN 95716.1 17680 00]07 (Comparison of Dccumen;s DN57/~ .2 to ON5J151. 11 <br />6/25/97 9:55 em <br />