Laserfiche WebLink
<br /> <br /> M 13, j rn <br /> C=) <br /> Y~ <br /> , <br /> • <br /> CZ) <br /> CD 4 _71 p M <br /> M nn Z 7G a s L n [D M <br /> rv rn ACA m a s <br /> to rn -b to <br /> (0 = p r Z <br /> (ED CAD 71, cn C7 Cf) <br /> N rv C a <br /> M <br /> FIRST SUPPLEMENTAL TRUST INDENTURE AND SECURITY AGREEMENT p <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 p <br /> Commercial Code with respect to certain property of said Corporation which constitutes fixtures and <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 FIRST SUPPLEMENTAL TRUST INDENTURE AND SECURITY AGREEMENT, made <br /> and entered into as of the first day of September, 2009, by and between CENTRAL COMMUNITY <br /> COLLEGE FACILITIES CORPORATION, a not-for-profit corporation organized and existing under the <br /> laws of the State of Nebraska. (hereinafter sometimes referred to as "Lessor" and sometimes as <br /> "Corporation"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association <br /> duly organized and existing under the laws of the United States of America and authorized to accept, <br /> administer and execute trusts of the character herein set out, with its corporate trust office and post office <br /> address in Lincoln, Nebraska, as Trustee (hereinafter sometimes referred to as the "Trustee"). <br /> WITNESSETH: <br /> WHEREAS, the Corporation and the Trustee have previously entered into a Trust Indenture <br /> and Security Agreement dated as of July 1, 2009 (the "Original Indenture"), governing the issuance of bonds <br /> by the Corporation and specifically authorizing the Corporation's Building Bonds (Health Science Education <br /> Center Project), Series 2009A in the aggregate principal amount of $4,310,000 (the "Series 2009A Bonds"); <br /> WHEREAS, the Corporation, as Lessor, has entered into a Lease-Purchase Agreement, dated as of <br /> July 1, 2009, as amended by that Second Addendum to Lease-Purchase Agreement, dated as of September 1, <br /> 2009, with Central Community College Area, in the State of Nebraska (hereinafter sometimes referred to as <br /> the "College"), as Lessee, under which the Corporation has leased to the College the Project as defined in <br /> 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 /> 2009B in the aggregate principal amount of Three Million Six Hundred Thousand Dollars ($3,600,000), (the <br /> "Series 2009B Bonds"; and together with the Series 2009A Bonds, the "Bonds") said Series 2009B Bonds to <br /> be paid out of and secured by a pledge of the rentals to become due under said Lease-Purchase Agreement <br /> and the Trustee has agreed to act as Trustee under this First Supplemental Trust Indenture and Security <br /> 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 />