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200510856
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200510856
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Last modified
3/4/2012 10:39:14 AM
Creation date
11/2/2005 12:06:03 PM
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DEEDS
Inst Number
200510856
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200510856 <br />required to be deposited to the Rebate Fund, after taking into consideration available funds, if any, <br />on deposit with the Trustee. <br />ARTICLE VI <br />CONSTRUCTION FUND, COSTS OF ISSUANCE FUND <br />Section 6.01. There is hereby created and established with the Trustee a trust fund <br />in the name of the Corporation designated "Construction Fund ". The net sale proceeds from the <br />sale of the Building Bonds (after the deposit to the Costs of Issuance Fund required under the terms <br />of Section 6.05 of this Article VI), including accrued interest, if any, shall be deposited into the <br />Construction Fund. <br />Section 6.02. Pursuant to the Agreement, the Corporation has agreed to construct <br />and acquire the Project as specified by the City. The Corporation hereby agrees that all costs <br />relating to the Project shall be payable from the Construction Fund (including any amounts <br />required to be provided by the City under the terms of the Agreement). Monies in the Construction <br />Fund shall be expended to pay costs of the Project, upon requisitions for payment signed by the <br />Project Manager which have been approved by the Mayor and Council of the City. The Trustee is <br />hereby authorized and directed to cause disbursements to be made from the Construction Fund <br />upon receipt of requisitions for payment, in the form attached hereto as Exhibit B, signed by the <br />Project Manager. Prior to making any disbursements from the Construction Fund, the Trustee <br />shall have been furnished with the following: <br />a. Evidence in form of a title insurance policy or title report acceptable to the <br />Trustee reflecting that title to the Site is vested in the City or its library board, in fee simple, <br />subject to this Indenture, the Agreement, and such other covenants, restrictions and <br />easements as do not interfere with the use of such Site for the construction and operation of <br />the Project. <br />b. A written statement made by the Project Manager, showing the total <br />estimated cost for the Project based upon contract price information available after award <br />of contract. If such total estimated cost exceeds the funds available from the Construction <br />Fund such written statement shall be accompanied by evidence that the City has <br />appropriated funds which will be available to provide for amounts needed to pay costs of <br />the Project in excess of funds available in the Construction Fund. <br />C. Evidence that the contractor has furnished a labor and materials payment <br />bond and a performance bond, each in an amount equal to the guaranteed maximum price, <br />with a surety on each such bond qualified to act as surety in the State of Nebraska and <br />acceptable to the Trustee. <br />d. Evidence that there is builders risk insurance in effect with respect to the <br />Project sufficient to cover replacement cost in the event of casualty damage, subject to a <br />deductible amount not in excess of $25,000. <br />
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