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200403826 . "Building" shall mean the existing building located on the Site previously used as the College's administrative office which will be converted into a distance learning center by the construction and acquisition of the Project. "Construction and Acquisition Fund" shall mean the fund created pursuant to Section 1 of Article VI of the Indenture to be maintained by the Trustee and into which the proceeds of the sale of the Building and Equipment Bonds shall be deposited to be disbursed for payments due for costs related to the construction and acquisition of the Project by the Corporation. "Easement" shall mean the License and Easement executed by the Purchaser in favor of the Vendor which is being given contemporaneously with the execution and delivery of this Contract for Purchase granting rights to the Vendor to construct, acquire, install and maintain the Project in the Building. "Indenture" shall mean that Trust Indenture and Security Agreement, dated as of April 1, 2004, by and between Vendor and Wells Fargo Bank, National Association, as Trustee, governing the Building and Equipment Bonds. "Project" shall mean the rights of the Vendor as to the Building located on the real estate described on Exhibit A hereto attached, which is by such reference incorporated herein, and the improvements and equipment, including any fixtures, goods which are to become fixtures, furniture and equipment forming a part thereof acquired and paid for from the Construction and Acquisition Fund. The Project is further described on Exhibit B hereto attached, which is by such reference incorporated herein. The rights of the Vendor as to the Building are provided for in the Easement. "Project Architect" shall mean Wilkins, Hinrichs, Stober Architects L.L.C., Kearney, Nebraska. "Trustee" shall mean Wells Fargo Bank, National Association, as Trustee under the Indenture and any successor or successors as such Trustee under the Indenture. "Underwriter" shall mean Ameritas Investment Corp. as purchaser of the Building and Equipment Bonds under the terms of the Indenture. WHEREFORE, IN CONSIDERATION of the premises and the mutual covenants and agreements herein set forth, Vendor and Purchaser do hereby covenant and agree as follows: ARTICLE I SALE AND CONDITIONAL SALE Section 1.1 Vendor hereby agrees to sell to Purchaser from and after the construction and installation thereof in the Building the Project. Vendor and Purchaser hereby acknowledge and agree that this Contract for Purchase is and shall constitute a conditional sale agreement and that to the fullest extent permissible under existing law Vendor shall retain title to each item of the Project for which title may be retained in the Vendor, including any and all goods which are to become fixtures, fixtures and equipment. As to those items of the Project (the "Accessions ") which constitute ordinary building materials incorporated into 2