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N ~ <br />~ .~,... <br />B ~ <br />w <br />~ ~~ <br />~7 ~ <br />N <br />CJl - <br />-P <br />P <br /> <br /> ` <br /> ~ _ ~ ~ ~ rv <br /> z `-` <br /> ~ ~ ~ ~' c~ <br /> o <br />~„ <br />` ~~ <br />~' <br />r~v ~ <br />b ,r, <br />O <br />7'~ _ ~ © C~ T ~ C~ <br /> <br /> A t~ C7 <br /> 1 rn <br />c~ ~ ~ .Z7 <br />r n C17 <br /> b!5 <br />C.7 CF1 <br />x N <br /> CJ"t <br /> Q ~'.~-' <br /> N ~ ..~ <br /> <br />TRUST INDENTURE AND SECURITY AGREEMENT <br />C <br /> <br />(This instrument also constitutes a real estate mortgage upon certain easement rights of Central ~ <br />Community College Facilities Corporation and a security agreement under the Nebraska Uniform ~ <br />Commercial Code with respect to certain property of said Corporation which constitutes fixtures and ~ G <br />is to be filed as a Uniform Commercial Code Financing Statement in the real estate records of Hall <br />County, Nebraska. This instrument also constitutes a Construction Security Agreement as defined in <br />the Nebraska Construction Lien Act, Sections 52-125 to 52-159, R.R.S. Neb. 2004, as amended, and <br />secures an obligation of the Central Community College Facilities Corporation incurred for the <br />purpose of making improvements of the real estate described herein.) <br />THIS TRUST INDENTURE AND SECURITY AGREEMENT, made and entered into as of the <br />first day of July, 2009, by and between CENTRAL COMMUNITY COLLEGE FACILITIES <br />CORPORATION, anot-for-profit corporation organized and existing under the laws of the State of Nebraska <br />(hereinafter sometimes referred to as "Lessor" and sometimes as "Corporation"), and WELLS FARGO <br />BANK, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the <br />laws of the United States of America and authorized to accept, administer and execute trusts of the character <br />herein set out, with its corporate trust office and past office address in Lincoln, Nebraska, as Trustee <br />(hereinafter sometimes referred to as the "Trustee"). <br />WITNESSETH: <br />WHEREAS, the Corporation, as Lessor, has entered into aLease-Purchase Agreement, also dated as <br />of July 1, 2009, with Central Community~College Area, in the State of Nebraska (hereinafter sometimes <br />referred to as the "College"), as Lessee, under which the Corporation has leased to the College the Project as <br />defined in Article I hereof and described in greater detail on Exhibit "A" hereto attached; <br />WHEREAS, in order to obtain funds for the construction and acquisition of the Project, it is <br />necessary for the Corporation to issue its Building Bonds (Health Science Education Center Project), Series <br />2009A in the aggregate principal amount of Four Million Three Hundred Ten Thousand Dollars <br />($1,310,000), said Bonds to be paid out of and secured by a pledge of the rentals to become due under said <br />Lease-Purchase Agreement and the Trustee has agreed to act as Trustee under this Trust Indenture and <br />Security Agreement for the holders of the Bonds issued as hereinafter provided; <br />WHEREAS, this Trust Indenture and Security Agreement shall also constitute a real estate mortgage <br />upon the interest of the Corporation in the real estate described in Exhibit "A" attached hereto for the purpose <br />of securing the Bonds herein authorized; <br />