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<br /> <br /> <br /> ca=p <br /> Ira n <br /> n7 - 1 rn <br /> f 1 Z 7~C x o c::, C=) :X] <br /> am~ <br /> „n v ( C/i <br /> CAD x <br /> 3 r_ u <br /> Cn a I- Ir CD V] <br /> CD J CID U) <br /> 4, n C) <br /> C.il W M <br /> SECOND SUPPLEMENTAL TRUST INDENTURE AND SECURITY AGREEMENT Z <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 <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 SECOND SUPPLEMENTAL TRUST INDENTURE AND SECURITY AGREEMENT, <br /> made and entered into as of the first day of December, 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 /> and a First Supplemental Indenture and Security Agreement dated as of September 1, 2009 (the "First <br /> Supplemental Indenture"), governing the issuance of bonds by the Corporation and specifically authorizing <br /> the Corporation's Building Bonds (Health Science Education Center Project), Series 2009B, in the aggregate <br /> principal amount of $3,600,00 (the "Series 2009B 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, as further amended by that Third Addendum to Lease-Purchase Agreement, dated as of December 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 /> 2009C in the aggregate principal amount of Two Million Five Hundred Forty-five Thousand Dollars <br /> ($2,545,000), (the "Series 2009C Bonds"; and together with the Series 2009A Bonds and the Series 2009B <br /> Bonds, the "Bonds") said Series 2009C Bonds to be paid out of and secured by a pledge of the rentals to <br /> become due under said Lease-Purchase Agreement and the Trustee has agreed to act as Trustee under this <br />