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~ooso~p~~ Section 4. Upon the filing with the Trustee of the final requisition for payment for construction of the Project from the 2009B Construction Fund or construction fund related to any Completion Bonds and evidence of the approval thereof by governing board or President of the College, the construction of the Project shall be deemed completed. Any balance in the 2009B Construction Fund or such construction fund for the Completion Bonds remaining after payment of the final requisition for payment shall be transferred to the Bond Fund without further authorization and shall be credited against the next payment of basic rent to fall due. ARTICLE VI MISCELLANEOUS Section 1. The Corporation hereby covenants to the purchasers and holders of the Bonds that it will make no use of the proceeds of said bond issue which would cause the 2009B Bonds to be arbitrage bonds within the meaning of Section 103(b) and 148 of the Code and further directs the Trustee to comply with said Section 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. Section 2. The Trustee hereby confirms its acceptance of the trusts as provided in the Indenture and hereby accepts the supplemental trusts imposed upon it by this First Supplemental Indenture, all subject to the express terms and conditions set forth in the Indenture. Section 3. This First Supplemental Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 4. If any provisions of this First Supplemental Indenture shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case, for any reason, such circumstance shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Indenture contained shall not affect the remaining portions of this First Supplemental Indenture or any part thereof. Section 5. This Indenture is intended to be a security agreement and financing statement pursuant to the Nebraska Uniform Commercial Code and the Nebraska Construction Lien Act covering the Corporation's interest in the real estate described on Exhibit A hereto attached, including its interest in the Easement Agreement and in addition, all of the Corporation's goods which may become fixtures and fixtures, Furniture and equipment located on or used or intended far use in connection with the Project and any substitution for or proceeds of any of the foregoing described property and the Corporation hereby grants the Trustee a security interest in all such items or types of property. This Indenture (as a real estate mortgage) is sufficient as a financing statement and as a financing statement it shall be filed in the real estate records of Hall County, Nebraska. This Indenture, as such financing statement, covers all of the foregoing described property and also insurance or condemnation proceeds with respect to the Project. In addition, the Corporation will execute and deliver to the Trustee, upon request, any financing statements or amendments thereof or continuation statements thereto that the Trustee may require to perfect or 18