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200403826
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Last modified
10/16/2011 3:00:55 PM
Creation date
10/21/2005 12:45:10 AM
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DEEDS
Inst Number
200403826
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200403826 <br />Section 4.2. Vendor hereby confirms the appointment of Project Manager and Alternate <br />Project Manager as set forth in the foregoing Section 4.1. Requisitions for payment for costs of the Project <br />shall be signed by the Project Manager or Alternate Project Manager and shall be submitt ed to the Trustee for <br />payment as provided in Article VI of the Indenture. <br />ARTICLE V <br />COVENANTS OF PURCHASER <br />Section 5.1. Purchaser covenants that it is a duly organized and existing as a community <br />college area of the State of Nebraska with full and lawful power and authority to enter into this Contract for <br />Purchase pursuant to Section 85- 1511(4), R.R.S. Neb. 1999, as amended; that it has received written approval <br />for the Project and its financing by contract for purchase from the Coordinating Commission for <br />Postsecondary Education; and that it has taken all actions necessary to validly enter into this Contract for <br />Purchase. <br />Section 5.2. Purchaser covenants that the basic payments payable under this Contract for <br />Purchase do not exceed any limitation imposed by law. Until the Building and Equipment Bonds and interest <br />thereon are fully paid, Purchaser covenants and agrees to make and continue to make for so long as permitted <br />by law an annual levy on all the taxable property within its geographical area pursuant to Section 85- <br />1517(2)(a), R.R.S. Neb. 1999, as amended, which will be sufficient, along with any other funds available for <br />the purpose, to enable Purchaser to pay all basic and additional payments as and when the same become due, <br />and to take all action required to provide funds to make basic and additional payments as herein required. <br />Purchaser hereby covenants and warrants with respect to the capital improvement and bond sinking fund as <br />established under Section 85 -1515, R.R.S. Neb. 1999, that (a) it has no bonds outstanding payable from such <br />fund; (b) that in each budget year it will provide for the purposes and programs described and referred to in <br />Section 85 -1515 (2)(a), (2)(b) and (2)(c), R.R.S. Neb. 1999, in such manner as to leave remaining in each <br />budget year available tax levy monies from the tax levy permitted under Section 85- 1517(2), R.R.S. Neb. <br />1999, amounts sufficient to pay all amounts due under this Contract for Purchase (including basic payments <br />and all other required payments) as the same fall due; (c) that the Purchaser has and will have no other <br />obligations outstanding, bonded or otherwise, for purchasing or purchasing on contract or for constructing or <br />improving facilities during the term of this Contract for Purchase which would cause the tax levy amounts <br />required to be available for payments due under this Contract for Purchase to be insufficient to pay all <br />amounts due under this Contract for Purchase (including basic payment and all other required payments) as <br />the same fall due. The College's prior existing obligation to make similar provision for payments due under a <br />Lease - Purchase Agreement dated as of March 1, 2003 (the "2003 Lease ") are hereby acknowledged by the <br />parties hereto. <br />Section 5.3. Purchaser covenants and agrees that throughout the term of this Contract for <br />Purchase it will observe all budget, tax and spending limitations now or hereafter imposed by law in such a <br />manner that a sufficient portion of its tax levy or other monies shall be lawfully available to make all <br />payments due under this Contract for Purchase and the 2003 Lease. Purchaser agrees that commencing with <br />its budget for the fiscal year 2004 -2005 it will include amounts sufficient to make basic payments as the same <br />fall due in its annual budget and appropriations. <br />Section 5.4. Purchaser covenants and agrees that it shall neither take any action nor omit to <br />take such action which such action or omission would have the affect of causing interest on the Building and <br />0 <br />IV <br />
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