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200302817
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Last modified
10/15/2011 5:53:25 PM
Creation date
10/21/2005 4:23:29 PM
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DEEDS
Inst Number
200302817
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200302817 <br />Section 3.2. Upon receipt of the proceeds of the sale of the Building Bonds, Lessor shall <br />promptly pay such proceeds, including the full amount of any accrued interest, if any, received upon such <br />sale, to the Trustee with all accrued interest being deposited to the Bond Fund and the net principal proceeds <br />to be deposited to the Construction and Acquisition Fund and applied for the payment of costs of the <br />Corporation's acquiring the Project as provided in Article IV hereof and Article VI of the Indenture, <br />including gxpenses related to the issuance of the Building Bonds. <br />Section 3.3. Lessor shall cause the Trustee to invest and reinvest the money from time to <br />time in the Bond Fund and Construction and Acquisition Fund in the manner and to the extent and with such <br />application of the income therefrom as provided in the Indenture. <br />Indenture. <br />Section. 3.4. Additional bonds may be issued by Lessor from time to time as provided in the <br />ARTICLE IV <br />CONSTRUCIION AND ACQUISITION OF PROJECT <br />Section 4.1. Lessor hereby agrees to construct and acquire the Project. The proceeds of the <br />Bonds are to be deposited in the Construction and Acquisition Fund tinder the terms of the Indenture. The <br />Project shall be constructed and acquired in accordance with the requirements of the Lessee, including plans <br />and specifications prepared by the Project Architect. In contracting for the construction of the Project, the <br />Lessee agrees to act as agent for the Lessor and any contract now or hereafter entered into by the Lessee, in <br />its own name or otherwise, for the construction of the Project is hereby agreed to be a contract entered into <br />for and on behalf of the Lessor. The Lessee hereby agrees to provide any and all additional amounts required <br />to be paid into the Construction and Acquisition Fund in order to effect the payment in full for all costs of <br />construction and acquisition the Project by the Corporation incurred by Lessee as agent or by the Corporation <br />in excess of the amounts deposited to and available in the Construction and Acquisition Fund. The Lessee <br />hereby designates its College Area President as Project Manager and its College Business Officer as <br />Alternate Project Manager. Monies in the Construction and Acquisition Fund shall be expended to pay costs <br />of acquiring the Project, including expenses for the issuance of the Building Bonds, upon requisitions for <br />payment signed by the Project Manager or Alternate Project Manager. <br />Section 4.2. Lessor hereby confines the appointment of Project Manager and Alternate <br />Project Manager as set forth in the foregoing Section 4.1. Requisitions for payment for costs of the Project <br />shall be signed by the Project Manager or Alternate Project Manager and shall be submitted to the Trustee for <br />payment as provided in Article VI of the Indenture. <br />ARTICLE V <br />COVENANTS OF LESSEE <br />Section 5.1. Lessee covenants that it is a duly organized and existing as a community <br />college area of the State of Nebraska with full and lawful power and authority to enter into this Lease - <br />Purchase Agreement pursuant to Section 85- 1511(4), R.R.S. Neb. 1999, as amended; that it has received <br />written approval for the Project and its financing by lease- purchase agreement from the Coordinating <br />Commission for Postsecondary Education; and that it has taken all actions necessary to validly enter into this <br />Lease - Purchase Agreement. <br />
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