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240412247 Amended by this Second Addendum shall extend until December 31, 2024, provided that at such time all of the Building Bonds shall have been paid in full or shall otherwise be no longer outstanding in accordance with the terms of the Indenture. If any Building Bonds shall as of such date remain outstanding under the terms of the Indenture, then the term of the Agreement shall automatically be extended until all Building Bonds are no longer outstanding under the Indenture. A copy of the Original Lease Purchase Agreement is attached hereto as Exhibit "B" and incorporated herein by such reference. A copy of the Addendum is attached hereto as Exhibit "C" and incorporated herein by such reference. Each such incorporation by reference is subject to the amendments, modifications and supplements provided for in this Second Addendum. Section III. Approval of Terms of Indenture; Restatement of Conditions Prior to Commencement. The City and Heartland hereby approve the terms of the Indenture and of the Building Bonds as set forth therein. Article XIV of the Indenture is hereby expressly approved and agreed to by the City and the City hereby agrees to make as an additional payment due under the Agreement any charges made by the Insurer under the terms of Section 14.01(a) of Article XIV of the Indenture. The parties hereby acknowledge that all terms required by the Lease Purchase Agreement as conditions prior to commencement have been satisfied or waived and the Building Bonds may be issued and construction of the Project may commence. In connection therewith, Paragraph 3 of the Lease Purchase Agreement (being such Paragraph 3 as set forth in the Addendum) is hereby amended and restated to provide as follows: 64 3. CONDITIONS PRIOR TO COMMENCEMENT. The parties agree that this Agreement shall bind the parties upon approval and execution as required by law but that neither party shall commence performance of its respective duties and responsibilities with respect to the construction of the Project, the issuance of the Building Bonds and the making of the Payments by the City under this Agreement until all of the following conditions have been satisfied: a. Heartland shall obtain commitments for all costs of the Project from Other Funding Sources in excess of the amount determined by adding $7,500,000.00 (the net amount to be deposited to the Construction Fund from the proceeds of the Building Bonds, not including $17,927.94 which is to be held available to pay or reimburse the City, in whole or in part, for costs of builders' risk insurance with respect to the Project) to the estimated investment earnings on amounts in the Construction Fund applied to pay costs of the Project under Paragraph 12 (as set forth in the Original Lease Purchase Agreement). b. The Board of Directors of Heartland must approve and adopt a resolution in accordance with Heartland's Articles of Incorporation and Bylaws and applicable federal and state statutes, describing the scope of the Project, the estimated costs of the Project and confirming that funds and financing are available to Heartland from the proceeds of the Building Bonds, investment earnings as described in 3.a. above and from Other Funding Sources to pay for: 4