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I 83--~ t`~ G ~ Ei INDENTURE OE TRUST AND MORTGAGE THIS INDENTURE OH TRUST AND MORTGAGE is dated as of February 1, 1983 between THE COUNTY OE HALL, NEBRASKA ("Issuer"), a body politic and corporate duly organized and existing as a County under the Constitution and laws of the State of Nebraska, and INTEREIRST BANK HOUSTON, N.A. ("Trus- tee"-), a banking association organized and existing under and by virtue of the laws of the United States of America, with its principal corporate trust office located at Houston, Texas, as trustee. W I T N E S S E T H WHEREAS, pursuant to and in accordance with the provi- sions of the Nebraska Industrial Development Act, Chapter 18, Article 16, Nebraska Revised Statutes, as amended (the nAct"), by appropriate action duly taken by the Board of Supervisors of Issuer, and in furtherance of the purposes of the Act, Issuer proposes to finance the cost of acquisition, installing, improving and equipping of certain industrial development facilities (which facilities together with the land on which they are located, are hereinafter referred to as the "Project"} to be located within the geographical boundaries of Issuer, and to be leased to Diamond Plastics Corporation ("Company") pursuant to the provisions of a Lease Agreement (the "Agreement") between Issuer and Company, dated as of even date herewith, by the issuance of industrial development revenue bonds (the "Series 1983 Bonds"} under this Indenture of Trust and Mortgage (this "Indenture"}; and WHEREAS, Issuer has undertaken to acquire, install, improve and equip the Project and proposes to lease the Project to Company for a rental sufficient to pay when due the principal of and premium, if any, and interest on the Series 1983 Bonds and related expenses; and WHEREAS, it has been determined that the estimated amount necessary to finance the acquisition, installation, improving and equipping of the Froject, including necessary expenses incidental thereto, will require the issuance, sale and delivery of the Series 1983 Bonds in the principal amount of $1,700,000, as hereinafter provided (the Series 1983 Bonds and any Additional Bonds issued hereunder are collectively referred to as the "Bonds"}; and WHEREAS, aI1 things necessary *_o make the Series 1983 Bonds, when authenticated by Trustee and issued as in this Indenture provided, the valid, binding and legal obligations of Issuer according to the import thereof, and to constitute t~.~ _._.k L