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201702130
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Last modified
7/3/2017 5:40:41 PM
Creation date
4/5/2017 3:58:51 PM
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DEEDS
Inst Number
201702130
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NOW THEREFORE, in consideration of the mutual covenants contained herein and of the <br />purchase of the Bonds by the original and subsequent purchasers of the Bonds, the parties do hereby agree <br />and contract as follows: <br />Section I. Amendment of Definitions of Terms. The definitions of terms set forth in Section 2 <br />of the Original Lease Purchase Agreement, in Section I of the Second Addendum and in Section I of the <br />Third Addendum are hereby confirmed and incorporated by reference in this Fourth Addendum and are <br />further supplemented as follows: <br />The words and terms as used in this Fourth Addendum shall have the following meanings, unless <br />the context or use indicates another or different meaning or intent: <br />"Agreement" shall mean the Lease Purchase Agreement together with any amendments hereto, <br />including but not limited to the First Addendum, the Second Addendum, the Third Addendum <br />and this Fourth Addendum. <br />"Bond Fund" shall mean the fund to be created by the Indenture into which the Payments due <br />under this Agreement shall be deposited for paying principal and interest on the Refunding <br />Bonds. <br />"Refunding Bonds" or "Bonds" shall mean the Refunding Building Bonds (Heartland Events <br />Center Project), Series 2017, issued pursuant to the Indenture to provide funds to redeem the <br />Corporation's Refunding Building Bonds (Heartland Events Center Project), Series 2011, which <br />2011 Bonds were issued to redeem the Corporation's Building Bonds (Heartland Events Center <br />Project), Series 2004 (the "2004 Bonds "), which 2004 Bonds were issued to pay a portion of the <br />costs of the construction and acquisition of the Project. <br />"Code" shall mean the Internal Revenue Code of 1986, as amended. <br />2 <br />201702130 <br />"Indenture" shall mean that Trust Indenture and Security Agreement dated as of April 5, 2017 <br />by and between the Corporation and the Trustee authorizing the Refunding Bonds to be issued by <br />the Corporation. <br />"Project" shall have the meaning set forth in the Second Addendum, provided that the parties <br />hereto acknowledge and agree that the construction of the Project was completed in accordance <br />with the terms of the Agreement. <br />"Site" shall mean the real estate now owned by the Corporation which is more specifically <br />described on Exhibit "A" hereto attached and by reference incorporated herein. <br />"Trustee" shall mean BOKF, National Association, as trustee under the Indenture, or any <br />successor thereto having trust powers under applicable federal and state law which has been <br />designated as successor trustee under the Indenture in accordance with the terms thereof. <br />Section II. Statement of Term of Lease Purchase Agreement as Amended by Fourth <br />Addendum; Incorporation by Reference. The term of the Agreement (including as Amended by this <br />Fourth Addendum) shall extend until December 15, 2024, provided that at such time all of the Refunding <br />Bonds shall have been paid in full or shall otherwise be no longer outstanding in accordance with the <br />terms of the Indenture. If any Refunding Bonds shall as of such date remain outstanding under the terms <br />of the Indenture, then the term of the Agreement shall automatically be extended until all Refunding <br />Bonds are no longer outstanding under the Indenture. Copies of the Original Lease Purchase Agreement, <br />
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