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201304663
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Last modified
6/13/2013 9:07:22 AM
Creation date
6/13/2013 8:32:58 AM
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DEEDS
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201304663
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Pa ment Date <br />I August 15, 2032 <br />j February 15, 2033 <br />August 15, 2033 <br />February 15, 2034 <br />2009C Pa ments I 2013 Payments I Total Due <br />9,270.00 I 16,350.00 j 25,620.00 <br />184,270.00 556,350.00 I 740,620.00 <br />4,763.75 I 8,250.00 I 13,013.75 <br />(01304663 <br />189,763.75 ! 558,250.00 748,013.75 <br />All such payments (the "Payments ") shall be made without abatement or set -off and without <br />regard to whether the Project has been completed and occupied. The College shall have the right <br />to make prepayment of the Payments at any time and to cause such prepayments to be applied to <br />the early redemption and/or satisfaction of the Bonds. Any amount of the Payments not required <br />for the payment of principal and interest on the Bonds or the redemption and/or satisfaction <br />thereof shall be considered satisfied in full upon any payment or redemption and/or satisfaction <br />in full of the Bonds. <br />Section IV. Deposit of Proceeds. The Corporation shall cause the net sale proceeds of <br />the 2013 Bonds, including the full amount of accrued interest, if any, to be deposited in the 2013 <br />Escrow Fund (as established in the Third Supplemental Indenture) and the 2013 Construction <br />Fund (as established in the Third Supplemental Indenture) and applied to defease the Refunded <br />Bonds and to pay costs of issuance on the 2013 Bonds, as more specifically provided in Article <br />V of the Third Supplemental Indenture. <br />Section V. Continuing Disclosure. In accordance with the requirements of Rule 15c2- <br />12 promulgated by the Securities and Exchange Commission, the College hereby agrees that it <br />will provide continuing disclosure for the Bonds as required by the College's Omnibus <br />Continuing Disclosure Undertaking, as amended. <br />Section VI. Tax Levy. The College covenants that the rentals payable under the Lease <br />Purchase Agreement do not exceed any limitation imposed by law. Until the Bonds and interest <br />thereon are fully paid, the College covenants and agrees to make and continue to make for so <br />long as permitted by law an annual levy on all the taxable property within its geographical area <br />pursuant to Section 85 -1517, R.S.Supp. 2012, which will be sufficient, along with any other <br />funds available for the purpose, to enable the College to pay all basic and additional rent as and <br />when the same become due, and to take all action required to provide funds to make rental <br />payments as herein required. The College hereby covenants and warrants with respect to the <br />capital improvement and bond sinking fund as established under Section 85 -1515, R.R.S. Neb. <br />2008, that (a) it has no assumed or issued general obligation bonds outstanding payable from <br />such fund; (b) that in each budget year it will provide for the purposes and programs described <br />and referred to in Section 85 -1515 (2)(a), (2)(b) and (2)(c), R.R.S. Neb. 2008, in such manner as <br />to leave remaining in each budget year available tax levy monies from the tax levy permitted <br />under Section 85 -1517, R.S.Supp. 2012, amounts sufficient to pay all amounts due under the <br />Lease Purchase Agreement (including lease - purchase rentals and all other required payments) as <br />the same fall due; (c) that the College has and will have no other obligations outstanding, bonded <br />or otherwise, for purchasing or purchasing on contract or for constructing or improving facilities <br />during the term of the Lease Purchase Agreement which would cause the tax levy amounts <br />required to be available for payments due under the Lease Purchase Agreement to be insufficient <br />
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