Ninety -Five Thousand Dollars ($8,395,000), (the "Series 2013 Bonds"; and together with the Series 2009C
<br />Bonds, the `Bonds ") said Series 2013 Bonds to be paid out of and secured by a pledge of the rentals to
<br />become due under said Lease- Purchase Agreement and the Trustee has agreed to act as Trustee under this
<br />Third Supplemental Trust Indenture and Security Agreement for the holders of the Bonds issued as
<br />hereinafter provided;
<br />20/204664
<br />WHEREAS, this Third Supplemental Trust Indenture and Security Agreement shall also constitute a
<br />real estate mortgage upon the interest of the Corporation in the real estate described in Exhibit "A" attached
<br />hereto for the purpose of securing the Bonds herein authorized;
<br />NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
<br />That the Corporation, in consideration of the premises and acceptance by the Trustee of the trust
<br />hereby created and of the purchase and acceptance of the Bonds by the holders thereof and of the sum of One
<br />Dollar ($1.00) in lawful money of the United States of America to it duly paid by the Trustee at or before the
<br />execution and delivery of these presents, and for other good and valuable consideration, the receipt of which
<br />is hereby acknowledged, in order to secure the payment of the principal of and interest on the Bonds issued as
<br />herein provided according to their tenor and all the covenants expressed or implied herein and in the Bonds,
<br />does hereby grant, grant security interest in, bargain, sell, assign, convey, mortgage and pledge unto Wells
<br />Fargo Bank, National Association, Minneapolis, Minnesota, as Trustee, and unto its successors in trust, and
<br />to them and their assigns forever, for the securing of the performance of the obligations of the Corporation
<br />hereinafter set forth, the following property, now owned or hereafter acquired:
<br />1. The Project, including all right, title and interest of the Corporation in the real estate described on
<br />Exhibit "A" hereto attached (including its rights under the Easement Agreement as hereinafter more
<br />specifically described and defined) and all buildings, improvements and fixtures now or hereafter located
<br />thereon and equipment, furnishings and facilities included therein or as a part thereof, together with all
<br />tenements, hereditaments, appurtenances, rights, privileges and immunities thereto belonging or appertaining;
<br />2. All revenues and income derived by the Corporation from the Project, including, without
<br />limitation, all rentals received by the Corporation from the leasing of the Project, and in particular the rentals
<br />and profits received under and pursuant to that certain Lease- Purchase Agreement by and between the
<br />Corporation as Lessor and the College as Lessee (hereinafter more specifically identified) and pursuant to the
<br />terms of which basic rentals are to be forwarded directly to the Trustee for the account of the Corporation and
<br />deposited in the account of the Corporation herein designated "Bond Fund ";
<br />3. Any and all other property of every name and nature from time to time hereafter by delivery or by
<br />writing of any kind conveyed, mortgaged, pledged, assigned or transferred, as and for additional security
<br />hereunder by the Corporation or by anyone in its behalf (or with its written consent) to the Trustee, which is
<br />hereby authorized to receive any and all such property at any and all times and to hold and apply the same
<br />subject to the terms hereof;
<br />TO HAVE AND TO HOLD all the same with all privileges and appurtenances hereby conveyed and
<br />assigned, or agreed or intended so to be, to the Trustee and its respective successors in said trust and to them
<br />and their assigns forever;
<br />IN TRUST, NEVERTHELESS, upon the terms and trusts herein set forth for the equal and
<br />proportionate benefit, security and protection of all holders of Bonds issued under and secured by this Third
<br />Supplemental Trust Indenture and Security Agreement without privilege, priority or distinction as to the lien
<br />or otherwise of any of said Bonds or interest thereon over any of the other said Bonds or interest thereon.
<br />2
<br />
|