|
87- 100441
<br />(� for the purposes therein stated, including the creation of new aeries of bonds to be issued under and
<br />f secured by the Original Indenture, as supplemented and amended, and subjecting additional property
<br />to the lien of the Original Indenture, which Supplemental Indentures were recorded as real estate
<br />mortgages in the offices of the Regutera of Deeds of the oountm in which additional real estate
<br />described therein is located and which First, Second and Fifth Supplemental Indentures were also filed
<br />as chattel mortgages in the offices of the County Clerks of all of the counties in which the Original
<br />Indenture was filed, and which Third and Fourth Supplemental Indentures was Mod as chattel
<br />mortgages in the offices of the County Clerks of each county wherein real estate described therein is
<br />located and in the office of the County Clerk of Lancaster County, Nebraska, the county in which the
<br />principal office of the Company is located and which Sixth, Seventh, Eighth and Ninth Supplemental
<br />Indentures were also filed as Financing Statements and Security Agreements in respect of the personal
<br />property of the Company under the Nebraska Uniform Commercial Code in the office of the
<br />Secretary of State of Nebraska;
<br />Wxu Lm there have been issued and are now outstanding under the Original Indenture, as
<br />supplemented and amended, the following described bonds;
<br />First Mortgage 47A Bonds, Series C, Due February 1, 1988 .................. $ 5,000,000
<br />First Mortgage 5% Bonds, Series D, Due March 1, 1990 ..................... 4,500,000
<br />First Mortgage 5% Bonds, Series E, Due December 1, 1991 .................. 4,000,000
<br />Fiat Mortgage 5% Bonds, Series F, Due March 1, 1991 ..................... 4,050,000
<br />First Mortgage 8]A% Bonds, Series G, Due March 1, 1996 ................... 10,625,000
<br />First Mortgage 9.35% Bonds, Series 1, Due October 1, 2003 .................. 22,225,000
<br />WH=Em the Company desires to create an additional series of bonds to be designated First
<br />Mortgage 8.15% Bonds, Series J, Due December 31, 1995 (herein sometimes referred to as "Series J
<br />Bonds" or "Bonds of Series J" ), to be issued pursuant to the provisions of the Original Indenture;
<br />WHnmm the Company may legally supplement the Original Indenture in accordance with Section
<br />2.05 thereof in order to describe the terms of the Series J Bonds and in s000rdanoe with Section 13.06
<br />thereof in order to add certain covenants and agreements hereafter to be observed by the Company;
<br />and for such purposes has caused this Tenth Supplemental Indenture to be created and executed and
<br />delivered;
<br />WHEREm the Company has acquired certain property hereinafter described, and desires to subject
<br />such property to the lien of the Original Indenture ss heretofore and hereby supplemented and desires
<br />to create a security interest in favor of the Trustee under the Nebraska Uniform Commercial Code;
<br />WHEREAS all sets, conditions and things neoeaea y to make this Tenth Supplemental Indenture a
<br />valid and enforoeable agreement socording to its terms and for the purposes herein expressed have
<br />happened, have been done and performed, and the execution and delivery of this Tenth Supplemental
<br />Al
<br />Indenture have been in all respects duly authorised;
<br />Now, Tu=::roPx, in consideration of the premises and of the sum of One Dollar in hand paid by
<br />the Trustee to the Company upon the execution and delivery of this Tenth Supplemental Indenture,
<br />the receipt whereof is hereby acknowl edged, the Company hereby covenants and agrees to and with
<br />the Trustee and its auocessors in the trust under the Original Indenture, as supplemented and
<br />amended, for the equal and pro rata benefit and security of all present and future holders of all bonds
<br />and coupons at any time issued and outstanding under the Original Indenture and under any and all
<br />indentures supplemental thereto as follows:
<br />ARTICLE ONE
<br />Saurs J Borne
<br />SwrnoN 1.01. There is hereby created and authorized a aeries of bonds designated First Mortgage
<br />8.151/6 Bonds, Series J, Due December 31, 1995, to be issued under and pursuant to and secured by the
<br />
|