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200302816 Section 8. All monies required to be deposited with or paid to the Trustee under any provision of this Indenture or the Lease- Purchase Agreement, except for payments to the Trustee for its fees and expenses, shall be held by the Trustee in trust. Section 9. After payment or provision for payment in full of the Bonds and fees of the Trustee, any balance remaining in the Bond Fund shall be paid to the Corporation. ARTICLE VI Section 1. There is hereby created and established with the Trustee a trust fiord in the name of the Corporation designated the "Construction and Acquisition Fund" (the "Construction Fund'). The net sale proceeds from the sale of the Building Bonds, including accrued interest, shall be deposited into the Construction Fund. Section 2. Pursuant to the Lease - Purchase Agreement, the Corporation has agreed to construct and acquire the Project as specified by the College. The Corporation hereby agrees that all costs relating to the Project shall be payable from the Construction Fund. Monies in the Construction Fund shall be expended to pay costs of the Project, including expenses for the issuance of the Building Bonds, upon requisitions for payment signed by the College Area President of the College or any person designated by such College Area President as representative to executed such requisitions. The Trustee is hereby authorized and directed to cause disbursements to be made from the Construction Fund upon receipt of requisitions for payment, in the form attached hereto as Exhibit B, signed by said College Area President or his designated representative. Prior to making any disbursements from the Construction Fund, other than disbursements in payment of costs for issuance of the Building Bonds, the Trustee shall have been furnished with the following: a. Evidence in form of a title report showing that title to the Site is vested in the College, in fee simple, subject to the Easement Agreement and such other covenants, restrictions and easements as do not interfere with the use of such Site for the construction and operation of the Project. b. A written statement made by the College Area President or his representative showing the total estimated cost for the Project based upon contract price information available after award of contract. If such total estimated cost exceeds the funds available from the Construction Fund such written statement shall be accompanied by evidence that the College has appropriated funds which will be available to provide for amounts needed to pay costs of the Project in excess of funds available in the Construction Fund. Such written statement shall provide the names of all contractors to whom contracts have been awarded and give for each contract the contract price. C. For each contract for construction of the Project entered into by the College as agent for the Corporation which obligates payments in an amount in excess of $50,000, there shall be provided evidence that the contractor has furnished a labor and materials payment bond and a performance bond, each in an amount equal to the contract price, with a surety on each such bond qualified to act as surety in the State of Nebraska. 17