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200302817 "Construction and Acquisition Fund" shall mean the Fund created pursuant to Section 1 of Article VI of the Indenture to be maintained by the Trustee and into which the proceeds of the sale of the Building Bonds shall be deposited to be disbursed for payments due for costs related to the construction and acquisition of the Project by the Corporation. "Indenture" shall mean that Trust Indenture and Security Agreement, dated as of March 1, 2003, by and between Lessor and Wells Fargo Bank Nebraska, National Association, as Trustee, governing the Building Bonds. "Project" shall mean the rights of the Lessor in the real estate described on Exhibit A hereto attached, which is by such reference incorporated herein, and the building addition and related structures and improvements including any fixtures, furniture and equipment forming a part thereof acquired and paid for from the Construction and Acquisition Fund. The Project is further described on Exhibit B hereto attached, which is by such reference incorporated herein. The rights of the Lessor in such real estate are provided for in a License and Easement Agreement between Lessee, as grantor, and Lessor, as grantee, which is being entered into contemporaneously with the execution and delivery of this Lease - Purchase Agreement. "Project Architect" shall mean Wilkins Hinrichs Stober Architects, LLC, Kearney, Nebraska. "Trusted" shall mean Wells Fargo Bank Nebraska, National Association, as Trustee under the indenture and any successor or successors as such Trustee under the Indenture. "Underwriter" shall mean Anna ims Investment Corp. as purchaser of the Building Bonds under the terms of the Indenture. WHEREFORE, IN CONSIDERATION of the premises and the mutual covenants and agreements herein set forth, Lessor and Lessee do hereby covenant and agree as follows: ARTICLE I GRANTING OF LEASEHOLD Section E I Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, upon and subject to the terms and conditions hereinafter set forth, the Project. Lessor shall lease the Project (as and to the extent constructed and acquired under the terms of this Lease- Purchase Agreement) to Lessee for a term beginning on March 1, 2003 and ending on March 1, 2017. Until payment in full of all rental obligations hereunder the Project shall remain the property of the Lessor and shall not become a part of the real estate described on Exhibit A hereto attached. Upon the final payment of all rental obligations under this Lease - Purchase Agreement the Project shall be conveyed to Lessee in accordance with Article XVIII hereof. Section 1.2. Lessor and Lessee agree that, as and to the extent that this Lease- Purchase Agreement may be regarded as relating to goods, goods which may become fixtures, fixtures or equipment, this Lease - Purchase Agreement as assigned to the Trustee shall constitute a "finance lease" within the meaning of such term as used in Article 2A of the Nebraska Uniform Commercial Code. In such connection Lessee acknowledges (a) that neither Lessor nor the Trustee has selected, manufactured or supplied any