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82002566
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Last modified
3/10/2009 6:29:56 AM
Creation date
2/28/2009 1:13:01 AM
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DEEDS
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82002566
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__ <br />INDENTURE: OE TRUST AND-MORTGAGE <br />TH2S INDEN'I'URE.OF TRUST AND MORTGAGE is dated as of <br />June 1, 1982 between T?3E COUNTY OF HALL, NEBRASK.~ ("Issuer"), <br />a body politic and corporate duly organized ar_d existing. as-a <br />countyunder the Constitution. and 13ws of `~Yie State; and' <br />OMA.TiA Nr'1TIONr',L BAS3K ("Trustee" ); a banking associzti on <br />organized and existing under and by virtue of the laws of the <br />Uni ed States of America, wi h its principal corporate trust: <br />office l,o'cated at Omaha, .Nebraska, as trustee. <br />W I T N& S S E T H <br />WHEREr':S, pursuant to and in accordznce with the provi- - <br />sions of'_Nebraska Industrial Development Act; Chapter 18; <br />Article 15', Nebraska Revsed'Statutes, as zmerded (the <br />"Act"1; by appropriate action duly taken by the Board of <br />Supervisors of Issuer, .and.. in furtherance of the pu.rpases of <br />the'Act; Issuer proposes to finance the cost of acqu;sitior_, <br />construction, improving and,equipping of land and-certain <br />industrial flevelbpment facilities (whic'r_ land and facilities <br />are hereinafter".referred to as t_he "?roject") to De iocazed <br />withn`the corporate.. boundaries of Issuer, and to'be leased <br />to C:ornnuts, Inc.. ("Company") aursuant to the prc`aiscns of a <br />Lease Agreement (the "Agreement"} between Issuer and Company; <br />dated as o£ eves date nerewi`th, by,the issuar_ce of industrial <br />development revenuebonds (the "Series 1982-Bonds"} under <br />this'Indenture'of Trsst and Mortgage {this "-Indenture"); and', <br />WE~EREAS, issuer has undertaken to <acquire, construe.,, <br />improve and equip the-Project and proposes to lease the <br />Project to Company fora rental sufficient to pay when due <br />the principal of and premium, if any, :.nd interest or. the <br />Series 1982 Bonds and 'related expenses; .and <br />WEiEREAS, it has bee:i dete~nined tzat t'r_e estimated. <br />amount necessary'to finance he acovisiton, coristruc~ion, <br />ianproving'and equipping of the Project, including necessary <br />expenses::incidental thereto,,'will requre the issuance; sale <br />and deli~rery of ~.he Series. 1982 _Bonds in the princi~ai .amount <br />of`54,25Q000, as hereinafter provided (the, Series T982 Bonds <br />and any Additional Bonds issued hereunder arecollectively <br />referred to as the "Bonds°); and` <br />F7HEREAS, all thir_gs _^.ecessary to make the. Series 1982 <br />Bor_ds, when authenticated by Trustee and issued as in this <br />Indenture nrovided,:the valid, binding and legal obligatcns <br />of Zssuer according to the import thereof; and'to constitute` <br />ti;is Indenture a valid assignment and ,pledge of the amounts- <br />
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