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200302816 <br />Section 2. There is hereby created by the Corporation and ordered established with the <br />Trustee a must 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 rent <br />payable under the Lease- Purchase Agreement and all other monies received by the Trustee under and <br />pursuant to any of the provisions of the Lease- Purchase Agreement directing such monies to be paid into the <br />Bond Fund. The Corporation hereby covenants that, so long as any Bonds issued hereunder are outstanding <br />hereunder, it will cause the Project to be continuously and efficiently leased as a revenue and income <br />producing undertaking and that, should there be a default under the Lease-Purchase Agreement with the <br />result that the right of possession of the Project under the Lease - Purchase Agreement is returned to the <br />Corporation, the Corporation shall fully cooperate with the Trustee and with the bondholders to the end of <br />fully protecting the rights and security of the bondholders, and shall diligently proceed in good faith and use <br />its best efforts to secure another tenant for the Project to the end of at all times deriving sufficient monies, <br />income and revenues from the Project to promptly meet and pay the principal of and interest on the Bonds as <br />the same become due and payable, as well as covering the cost of maintaining and insuring the Project. <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 hinds 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. 1996, as now in effect or hereafter amended. <br />Section 7. It is understood and agreed that pursuant to the provisions of the Lease- Purchase <br />Agreement the College agrees to pay as additional rent the fees and expense of the Trustee for the Bonds and <br />the other charges and expenses payable to the Trustee, as authorized and provided by this Indenture. The <br />College is to make such payments either semiannually or annually on statements rendered by the Trustee. All <br />such additional rent payments received by the Trustee under said Lease - Purchase Agreement shall not be <br />paid into the Bond Fund but shall be expended by the Trustee solely for the purpose for which said additional <br />rent payments are received. <br />16 <br />