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81006050
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1/14/2010 11:27:18 PM
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1/14/2010 11:25:20 PM
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DEEDS
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81006050
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2A4 <br />81-- Uu~O~:: <br />Section 405. Lands for Project. The Zssuer covenants <br />that the p.:o~ect is constructed on land in which the Issuer <br />holds a leasehold interest which has been leased by the <br />Issuer for a term extending beyond the final maturity of the <br />Series 1981 Bonds, sufficient for the needs and purposes of <br />the Project, frie from all liens, encumbrances and defects <br />of title except Permitted Encumbrances. <br />Section 406. Reliance on Rectuisitions, Certificates <br />and Opinions. All requisations, certificates and opinions <br />received by the Trustee, as required in this Article as <br />conditions of payment from the Construction Fund, may be <br />relied upon by the Trustee. <br />Section 407. Establishment of Completion Date. The <br />Completion Date shall be established on such date as there <br />shall be delivered to the Trustee a certificate signed by <br />the Project Manager stating that: <br />(a) construction of the Building has been completed <br />substantially in accordance with the plans and <br />specifications therefor and all labor, services, materials, <br />supplies and/or equipment used in such construction have <br />been paid for; <br />(b) all other facilities necessary in connection with <br />the Project have been acquired, constructed and installed <br />substantially in accordance with the plans and <br />specifications therefor and all costs and expenses incurred <br />in connection therewith have been paid; <br />(c) the Lease Equipment has been acquired and <br />installed to his satisfaction, the Leased Equipment so <br />acquired and installed together with any other machinery, <br />equipment and related property provided and installed in the <br />Building or on the Existing Property by the Sublessee is <br />suitable and sufficient for the efficient operation of the <br />Project and all costs and expenses incurred in the <br />acquisition and installation of the Leased Equipment and <br />other machinery, equipment and related property have been <br />paid; and <br />(d} a certificate of occupancy, if required, and any <br />other permissions required of governmental authorities for <br />the occupancy of the Project have been obtained. <br />Upon receipt of such certificate, the balance of the <br />Construction Fund not reserved for the payment of any <br />remaining part of the cost of the Project shall be <br />transferred by the Trustee or deposited by the Issuer with <br />the Trustee, as the case may be, to the credit of the Bond <br />Fund. <br />Notwithstanding the foregoing, such certificate by the <br />Project Manager shall state that it is given without <br />41 <br /> <br />__..1 <br /> <br />
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