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81006050
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Last modified
1/14/2010 11:27:18 PM
Creation date
1/14/2010 11:25:20 PM
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DEEDS
Inst Number
81006050
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aa4 <br />8~~° 13~~~c~'3~s <br />use its best efforts to enter into new leases or other <br />agreements for the use of the Project, substantially similar <br />in their `~rms and provisions to those of the Lease, in <br />order to procure the maximum possible amount of revenue; <br />provided, however, that any such new lease or other <br />agreement may provide for the payment of rents or charges <br />less than the rents and charges prevailing under the Lease <br />unless the Trustee shall in writing file objections thereto <br />as being contrary to the best interest of the Bondholders. <br />Section 503. Bond Fund. A special fund is hereby <br />created and designated The County of Hall, Nebraska <br />Industrial Development Revenue Bonds (H & H Partnership <br />Project) Bond Fund (the "Bond Fund"). <br />The moneys in the Bond Fund shall be held by the <br />Trustee in trust and applied as herein provided and, pending <br />such application, shall be subject to a lien and charge in <br />favor of the holders of the Bonds issued and outstanding <br />under this Indenture and for the further security of such <br />holders until paid out or transferred as herein provided. <br />The Issuer covenants that it will cause to be paid by <br />the %t3m'paa'1y directly to Lhe Trustee, for deposit to the <br />credit of the Bond Fund, all accrued interest received upon <br />sale of the Bonds, and all payments of Basic Rent payable by <br />the Company to the Issuer under the Lease, including sums <br />sufficient to meet the Amortization Requirements in the <br />years and in the amounts, respectively, set forth in this <br />Indenture. The. Issuer further covenants that it will <br />deposit or cause to be deposited with the Trustee to the <br />credit of the Bond Fund, as received, all other moneys, such <br />as moneys transferred frera the Construction Fund pursuant. to <br />Section 407 of this Indenture, and proceeds of insurance, <br />condemnation awards, sales of property and other moneys that <br />shall be available for payment of the Bonds. <br />ThP Issuer covenants that in ttxe event of termination <br />of the Lease, all net revenues and net proceeds derived by <br />the Tssuer from the leasing of the Project to other lessees <br />or from its ownership thereof, will be transmitted, as <br />received, to the Trustee for deposit to the credit of the <br />Bond Fund. <br />Section 504. A Iication of A3one s in Bond Fund. <br />Moneys in the Bond Fund she a use so e y or a payment <br />of the interest on the Bonds and for the retirement of the <br />Bonds at or prior to maturity. <br />The Bond Fund shall be in the custody of the Trustee <br />but in the name of the Issuer, and the Issuer hereby <br />authorizes and directs the Trustee to withdraw sufficient <br />funds from the Bond Fund to pay the Bonds and interest <br />44 <br /> <br />_._J <br /> <br />
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