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170-284
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•00919 <br />and is 'lawfully ,possessed of the Project hereinbefore described, <br />that it has good and indefeasible title and estate therein, .and. <br />that it -will defend the title thereto and every part thereof to' <br />i <br />the Trustee, its successors and assigns, fori :the benefit of the., <br />owners of the bonds against the claims and demands of all persons <br />whomsoever. The County covenants.that it will do, execute, <br />.i <br />acknowledge and';deliver or cause to be done iexecut'ed,acknowledged <br />and delivered,. such mortgages or indentures's;upplemental hereto <br />and such -further acts, instruments and transfers asFthe Trustee._ <br />i <br />may reasonably require for the better assuring, transferring, <br />mortgaging, pledging, assigning and confirming unto;' he Trustee <br />all and singular the property pledged hereby;to the payment of the <br />principal of and interest on the bonds. i. <br />Section 404. The County covenants that! It will cause this <br />Mortgage and all supplements hereto to be kept recorded and filed <br />in such manner and in such places as may be' required by law in <br />order to fully preserve and protect the security of the owners of'., - <br />the bonds and coupons and the rights of the!Trustee hereunder.' <br />Section 405. The County covenants that'so'1on'g as any of <br />the Series A Bonds are outstanding it will not issue bonds of . <br />other series 'under and as permitted by this ,Mortgage, unless:' <br />(a) The County is not then. in defaultl finder this Mortgage. <br />. Y Iii - • <br />(b) The Lessee was not, as of the date ;of the last annual-' <br />audit of Lessee, in default under) ;the Lease and will. <br />be in compliance with all provisions of;the Lease after <br />giving effect to the issuance of.,the additional series <br />of bonds. { <br />(c) Burwood was not, as of the date of,'its.last annual <br />audit', in default under the Lease? ;Guaranty Agree - <br />went and will be in compliance with all .provisions , <br />thereof after -giving effect to th'e; issuance of .the <br />additional series of bonds. <br />(d) The proceeds of such bonds of other series are to; <br />be used only for (i) the refunding!of prior series` <br />of bonds as may be permitted by the Act and by the <br />terms of this Mortgage, and/or (ii) the acquisition <br />and/or construction of additions.,lextensions or <br />improvements to -the Project • ( including equipment) <br />located within the State of Nebraiska. <br />(e) The County shall, prior to the is's'uahce of such <br />bonds of other series, enter intol,amendments to <br />its Lease and Agreement with the*Lessee;!providing <br />for (i) additional basic rentals.'n amounts and over' <br />a term sufficient to fully pay alai principal and <br />interest requirements upon such bonds of other series, <br />IV -2 <br />
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