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TRUST INDENTURE AND SECURITY AGREEMENT <br />(This instrument also constitutes a real estate mortgage on the interest of Grand Island Facilities <br />Corporation in certain real estate by virtue of certain easement rights therein.) <br />THIS TRUST INDENTURE AND SECURITY AGREEMENT (this "Indenture "), <br />made and entered into as of the first day of October, 2005, by and between Grand Island Facilities <br />Corporation, a nonprofit corporation organized and existing under the laws of the State of <br />Nebraska (the "Corporation ") and Wells Fargo Bank, National Association, a national banking <br />association duly organized and existing under the laws of the United States of America and <br />authorized to accept, administer and execute trusts of the character herein set out, with its initial <br />designated corporate trust office in Lincoln, Nebraska, as trustee (the "Trustee "), <br />WITNESSETH: <br />WHEREAS, the Corporation, as seller and lessor, has entered into a Lease Purchase <br />Agreement, dated as of July 12, 2005 as supplemented by an Addendum to Lease Purchase <br />Agreement dated as of October 1, 2005 (together, the "Agreement ") with the City of Grand Island, <br />in the County of Hall, in the State of Nebraska (the "City"), as purchaser and lessee, under which <br />the Corporation has sold and leased to the City the Project (as defined in Article I hereof and <br />described in greater detail on Exhibit A hereto attached); <br />WHEREAS, in order to obtain funds for the acquisition and construction of the <br />Project, it is necessary for the Corporation to issue its bonds in the amount of Seven Million <br />Dollars ($7,000,000), said bonds to be paid out of and secured by a pledge of the Agreement and <br />the payments to become due thereunder and the Trustee has agreed to act as Trustee under this <br />Indenture for the holders of the bonds issued as hereinafter provided; <br />NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: <br />That the Corporation, in consideration of the premises and acceptance by the <br />Trustee of the trust hereby created and of the purchase and acceptance of the bonds by the holders <br />thereof and of the sum of One Dollar ($1.00) in lawful money of the United States of America to it <br />duly paid by the Trustee at or before the execution and delivery of these presents, and for other <br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in <br />CD <br />c n Z --i m <br />rn <br />C/1 <br />,, <br />-A. 4 % C <br />CJl <br />�- 20051085E <br />z <br />This instrument constitutes a Construction Security Agreement under the Nebraska Construction Lien Act, Sections 52- <br />/S� <br />.29 to 52 -159, R.R.S. Neb. 2004, as amended, and secures the obligations of Grand Island Facilities Corporation <br />S0 <br />`— incurred for the purpose of making an improvement of the real estate described in this instrument. This instrument is <br />recorded to perfect a security interest which is a construction security interest.) <br />TRUST INDENTURE AND SECURITY AGREEMENT <br />(This instrument also constitutes a real estate mortgage on the interest of Grand Island Facilities <br />Corporation in certain real estate by virtue of certain easement rights therein.) <br />THIS TRUST INDENTURE AND SECURITY AGREEMENT (this "Indenture "), <br />made and entered into as of the first day of October, 2005, by and between Grand Island Facilities <br />Corporation, a nonprofit corporation organized and existing under the laws of the State of <br />Nebraska (the "Corporation ") and Wells Fargo Bank, National Association, a national banking <br />association duly organized and existing under the laws of the United States of America and <br />authorized to accept, administer and execute trusts of the character herein set out, with its initial <br />designated corporate trust office in Lincoln, Nebraska, as trustee (the "Trustee "), <br />WITNESSETH: <br />WHEREAS, the Corporation, as seller and lessor, has entered into a Lease Purchase <br />Agreement, dated as of July 12, 2005 as supplemented by an Addendum to Lease Purchase <br />Agreement dated as of October 1, 2005 (together, the "Agreement ") with the City of Grand Island, <br />in the County of Hall, in the State of Nebraska (the "City"), as purchaser and lessee, under which <br />the Corporation has sold and leased to the City the Project (as defined in Article I hereof and <br />described in greater detail on Exhibit A hereto attached); <br />WHEREAS, in order to obtain funds for the acquisition and construction of the <br />Project, it is necessary for the Corporation to issue its bonds in the amount of Seven Million <br />Dollars ($7,000,000), said bonds to be paid out of and secured by a pledge of the Agreement and <br />the payments to become due thereunder and the Trustee has agreed to act as Trustee under this <br />Indenture for the holders of the bonds issued as hereinafter provided; <br />NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: <br />That the Corporation, in consideration of the premises and acceptance by the <br />Trustee of the trust hereby created and of the purchase and acceptance of the bonds by the holders <br />thereof and of the sum of One Dollar ($1.00) in lawful money of the United States of America to it <br />duly paid by the Trustee at or before the execution and delivery of these presents, and for other <br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in <br />