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<br />This Second Addendum to Lease Purchase Agreement is executed and delivered as of the
<br />first day of December, 2004 by and between the CITY OF GRAND ISLAND, NEBRASKA, a
<br />city of the first class of the State of Nebraska ( "City ") and FONNER PARK EXPOSITION AND
<br />EVENTS CENTER, INC., a Nebraska nonprofit corporation ( "Heartland ").
<br />RECITALS
<br />WHEREAS, the City and Heartland have entered into a Lease Purchase Agreement dated
<br />October 9, 2001 (the "Original Lease Purchase Agreement ") which has been modified and
<br />amended by an Addendum to Lease Purchase Agreement dated August 26, 2003 also by and
<br />between said parties (the "Addendum" and, together with the Original Lease Purchase
<br />Agreement, the "Lease Purchase Agreement ") both relating to the planning, designing,
<br />constructing and financing of an agricultural exposition and events center which the City
<br />proposes to lease and acquire for the benefit of the City and its inhabitants in accordance with the
<br />authorization provided for in Section 19 -2421, R.R.S. Neb. 1997;
<br />WHEREAS, Heartland is concurrently entering into a Trust Indenture and Security
<br />Agreement dated as of December 1, 2004 (the "Indenture ") with Wells Fargo Bank, National
<br />Association, as trustee (the "Bond Trustee ") under which Heartland is issuing, on behalf of the
<br />City, Heartland's Building Bonds (Heartland Events Center Project), Series 2004, in the
<br />principal amount of Seven Million Seven Hundred Sixty -five Thousand Dollars ($7,765,000)
<br />(the "Bonds ");
<br />WHEREAS, in connection with the issuance of the Bonds, it is necessary and advisable
<br />for the City and Heartland to set certain final terms of the Lease Purchase Agreement and to
<br />amend and modify the Lease Purchase Agreement to include certain provisions for the benefit of
<br />the registered and beneficial owners of the Bonds;
<br />NOW THEREFORE, in consideration of the mutual covenants contained herein and of
<br />the purchase of the Bonds by the original and subsequent purchasers of the Bonds, the parties do
<br />hereby agree and contract as follows:
<br />Section I. Amendment of Definitions of Terms. The definitions of terms set forth in
<br />Section 2 of the Original Lease Purchase Agreement are hereby amended and restated as follows:
<br />The words and terms as used in this Agreement shall have the following meanings, unless
<br />the context or use indicates another or different meaning or intent:
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<br />SECOND ADDENDUM TO LEASE
<br />PURC14SE AGREEMENT
<br />This Second Addendum to Lease Purchase Agreement is executed and delivered as of the
<br />first day of December, 2004 by and between the CITY OF GRAND ISLAND, NEBRASKA, a
<br />city of the first class of the State of Nebraska ( "City ") and FONNER PARK EXPOSITION AND
<br />EVENTS CENTER, INC., a Nebraska nonprofit corporation ( "Heartland ").
<br />RECITALS
<br />WHEREAS, the City and Heartland have entered into a Lease Purchase Agreement dated
<br />October 9, 2001 (the "Original Lease Purchase Agreement ") which has been modified and
<br />amended by an Addendum to Lease Purchase Agreement dated August 26, 2003 also by and
<br />between said parties (the "Addendum" and, together with the Original Lease Purchase
<br />Agreement, the "Lease Purchase Agreement ") both relating to the planning, designing,
<br />constructing and financing of an agricultural exposition and events center which the City
<br />proposes to lease and acquire for the benefit of the City and its inhabitants in accordance with the
<br />authorization provided for in Section 19 -2421, R.R.S. Neb. 1997;
<br />WHEREAS, Heartland is concurrently entering into a Trust Indenture and Security
<br />Agreement dated as of December 1, 2004 (the "Indenture ") with Wells Fargo Bank, National
<br />Association, as trustee (the "Bond Trustee ") under which Heartland is issuing, on behalf of the
<br />City, Heartland's Building Bonds (Heartland Events Center Project), Series 2004, in the
<br />principal amount of Seven Million Seven Hundred Sixty -five Thousand Dollars ($7,765,000)
<br />(the "Bonds ");
<br />WHEREAS, in connection with the issuance of the Bonds, it is necessary and advisable
<br />for the City and Heartland to set certain final terms of the Lease Purchase Agreement and to
<br />amend and modify the Lease Purchase Agreement to include certain provisions for the benefit of
<br />the registered and beneficial owners of the Bonds;
<br />NOW THEREFORE, in consideration of the mutual covenants contained herein and of
<br />the purchase of the Bonds by the original and subsequent purchasers of the Bonds, the parties do
<br />hereby agree and contract as follows:
<br />Section I. Amendment of Definitions of Terms. The definitions of terms set forth in
<br />Section 2 of the Original Lease Purchase Agreement are hereby amended and restated as follows:
<br />The words and terms as used in this Agreement shall have the following meanings, unless
<br />the context or use indicates another or different meaning or intent:
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<br />This Second Addendum to Lease Purchase Agreement is executed and delivered as of the
<br />first day of December, 2004 by and between the CITY OF GRAND ISLAND, NEBRASKA, a
<br />city of the first class of the State of Nebraska ( "City ") and FONNER PARK EXPOSITION AND
<br />EVENTS CENTER, INC., a Nebraska nonprofit corporation ( "Heartland ").
<br />RECITALS
<br />WHEREAS, the City and Heartland have entered into a Lease Purchase Agreement dated
<br />October 9, 2001 (the "Original Lease Purchase Agreement ") which has been modified and
<br />amended by an Addendum to Lease Purchase Agreement dated August 26, 2003 also by and
<br />between said parties (the "Addendum" and, together with the Original Lease Purchase
<br />Agreement, the "Lease Purchase Agreement ") both relating to the planning, designing,
<br />constructing and financing of an agricultural exposition and events center which the City
<br />proposes to lease and acquire for the benefit of the City and its inhabitants in accordance with the
<br />authorization provided for in Section 19 -2421, R.R.S. Neb. 1997;
<br />WHEREAS, Heartland is concurrently entering into a Trust Indenture and Security
<br />Agreement dated as of December 1, 2004 (the "Indenture ") with Wells Fargo Bank, National
<br />Association, as trustee (the "Bond Trustee ") under which Heartland is issuing, on behalf of the
<br />City, Heartland's Building Bonds (Heartland Events Center Project), Series 2004, in the
<br />principal amount of Seven Million Seven Hundred Sixty -five Thousand Dollars ($7,765,000)
<br />(the "Bonds ");
<br />WHEREAS, in connection with the issuance of the Bonds, it is necessary and advisable
<br />for the City and Heartland to set certain final terms of the Lease Purchase Agreement and to
<br />amend and modify the Lease Purchase Agreement to include certain provisions for the benefit of
<br />the registered and beneficial owners of the Bonds;
<br />NOW THEREFORE, in consideration of the mutual covenants contained herein and of
<br />the purchase of the Bonds by the original and subsequent purchasers of the Bonds, the parties do
<br />hereby agree and contract as follows:
<br />Section I. Amendment of Definitions of Terms. The definitions of terms set forth in
<br />Section 2 of the Original Lease Purchase Agreement are hereby amended and restated as follows:
<br />The words and terms as used in this Agreement shall have the following meanings, unless
<br />the context or use indicates another or different meaning or intent:
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