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200403825
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Last modified
10/16/2011 3:00:44 PM
Creation date
10/21/2005 12:45:06 AM
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DEEDS
Inst Number
200403825
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200403825 <br />ARTICLE V <br />BOND FUND AND ADDITIONAL PAYMENTS <br />Section 1. The Project is being sold on the basis of a conditional sale to the College under <br />the Contract and the basic payments under the Contract have been assigned and shall be remitted directly to <br />the Trustee for the account of the Corporation and deposited in the Bond Fund, and the entire amount of said <br />basic payments is pledged to the payment of the principal of and interest on the Bonds. <br />Section 2. There is hereby created by the Corporation and ordered established with the <br />Trustee a trust fund to be designated "Bond Fund ", which shall be used to pay the interest on and principal of <br />said Bonds. <br />Section 3. There shall be deposited in the Bond Fund, as and when received, all basic <br />payments due under the Contract and all other monies received by the Trustee under and pursuant to any of <br />the provisions of the Contract directing such monies to be paid into the Bond Fund. The Corporation hereby <br />agrees that should there be a default under the Contract with the result that the College's rights to possession <br />of the Project under the Contract cease, the Corporation shall fully cooperate with the Trustee and with the <br />bondholders to the end of fully protecting the rights and security of the bondholders, and shall diligently <br />proceed in good faith and use its best efforts repossess and resell the Project (as and to the extent of those <br />portions thereof which may practically be repossessed and resold) to the end of deriving sufficient monies <br />from the Project to promptly meet and pay the principal of and interest on the Bonds as the same become due <br />and payable. <br />Section 4. Monies in the Bond Fund shall be used solely for the payment of the interest on <br />the Bonds and for the retirement of the Bonds at or prior to maturity. <br />Section 5. The Bond Fund shall be in custody of the Trustee, and the Corporation hereby <br />authorizes and directs the Trustee to withdraw funds from the Bond Fund in amounts sufficient to meet <br />installments of interest or principal upon the Bonds when due. The Trustee hereby accepts such authorization <br />and direction. <br />Section 6. In the event any Bonds shall not be presented for payment when the principal <br />thereof becomes due, if funds sufficient to pay such Bonds and interest thereon shall have been made <br />available to the Trustee for the benefit of the registered owners thereof, all liability of the Corporation to the <br />registered owners thereof for the payment of such Bonds or interest thereon, as the case may be, shall <br />forthwith cease, determine and be completely discharged and thereupon it shall be the duty of the Trustee to <br />hold such fund or funds, without liability for interest thereon, for a period of five (5) years after such Bonds <br />shall have matured, for the benefit of the registered owners of such Bonds, who shall thereafter be restricted <br />exclusively to such funds for any claim of whatever nature on their part under this Indenture or on, or with <br />respect to, such Bonds. At the expiration of such period, any unclaimed principal or interest shall be paid to <br />the College and thereafter all claimants shall be restricted exclusively to making claim against the College for <br />such principal or interest. The College shall have no liability for interest on any such funds paid to it and <br />shall not be required to hold such funds in trust nor, in any manner, to segregate such funds on its books. <br />Anything in this Section 6 to the contrary notwithstanding, the Trustee shall be permitted to discharge all <br />responsibility with respect to any such funds held for Bonds which have matured in accordance with the <br />provisions of Sections 69 -1301 to 69 -1329, R.R.S. Neb. 2003, as now in effect or hereafter amended. <br />16 <br />
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