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200906254
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Last modified
7/29/2009 4:38:07 PM
Creation date
7/29/2009 4:32:23 PM
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DEEDS
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200906254
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200906254 <br />and state the date on which they shall be presented for payment. If on or before the date fixed for redemption <br />funds have been deposited with the Trustee to pay the Bonds, the Bonds thus called shall not bear interest <br />after such redemption date and, except for the purpose of payment, shall no longer be protected by this <br />Indenture and shall not be deemed to be outstanding under the provisions of this Indenture. In case of any <br />Bond redeemed in part, the notice of redemption shall designate the portion to be redeemed and upon <br />presentation for redemption the Trustee shall issue a new Bond to evidence the unredeemed principal of such <br />partially redeemed Bond. <br />not be reissued. <br />Section b. All Bands which have been redeemed shall be cancelled by the Trustee and shall <br />ARTICLE IV <br />GENERAL COVENANTS <br />Section 1. The Corporation covenants that it will promptly pay the principal of and interest <br />on every Bond issued under this Indenture at the place, on the dates and in the manner provided herein and in <br />said Bonds according to the true intent and meaning hereof. Such principal and interest are payable solely <br />from revenues in the Bond Fund derived from the basic rentals payable under the Lease-Purchase Agreement. <br />The Corporation covenants that it will take all steps necessary to enforce its rights as Lessor and secure the <br />observance of all of the College's obligations as Lessee under the Lease-Purchase Agreement. The <br />Corporation further covenants to perform faithfully at all times any and all covenants, undertakings, <br />stipulations and provisions contained in this Indenture, and that the Corporation will do, execute, <br />acknowledge and deliver or cause to be done, executed, acknowledged and delivered such indentures <br />supplemental hereto and such further acts, instruments and transfers as the Trustee may reasonably require for <br />the better assuring, transferring, pledging, assigning and confirming unto the Trustee the property herein <br />described and the revenues, income and all other property pledged hereby to the payment of the principal of <br />and interest on the Bonds. <br />Section 2. The Trustee agrees that, so long as any Bonds issued hereunder and secured by <br />this Indenture shall be outstanding and unpaid, it will keep proper books of record and account in which full, <br />true and correct entries will be made of all dealings or transactions of and in relation to the Project and the <br />revenues, income and all other property derived therefrom. The Trustee agrees to furnish to the College and <br />the Corporation an accounting annually, and at such other times as either may reasonably request, pertaining <br />to the dealings and transactions of the Trustee in relation to the Project. All books and records of the Trustee <br />relating to the Project and the revenues therefrom shall at all times be open to inspection by representatives of <br />the College and the Corporation and registered owners of the Bands. <br />Section 3. The Lease-Purchase Agreement sets forth the covenants and obligations of the <br />Corporation and the College and reference is hereby made to the same for detailed statement of the respective <br />obligations. The Corporation agrees that the Trustee in its name or in the Warne of the Corporation may <br />enforce all rights of the Lessor and all obligations of the Lessee under and pursuant to the Lease-Purchase <br />Agreement for and on behalf of the bondholders whether or not the Corporation is in default in its covenants <br />to enforce such rights and obligations. <br />Section 4. The Corporation covenants that, so long as any of the 2009A Bonds or <br />Completion Bonds are outstanding, it will not issue additional bonds under this Indenture, except as permitted <br />in Article II of this Indenture. The Corporation agrees that it shall not incur additional indebtedness for <br />borrowed money without the consent of the College. <br />18 <br />
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