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81006050
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Last modified
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 />gj j~u~0~ti1~~ <br />Company, upon completion of the Project or Additional <br />Improve--nts, if any, all of the Issuer's rights to and <br />inter=:st in and under any maintenance or surety bonds or <br />warranties respecting quality, durability or workmanship <br />obtained by the Issuer in connection with the completion of <br />the Project or Additional Improvements, if any, or any part <br />thereof, an~i give to the Company the right to take action, <br />at the Company's sole cost and expense, in the name of <br />either the Company or the Issuer, for the enforcement of <br />such bonds and warranties; and all benefits and recoveries <br />accruing therefrom during the term of the Lease shall be <br />retained by the Company. <br />Section 704. Covenant Against Any Lien, Encu:abrance <br />or Charge Upon the Project. The Issuer covenants that it <br />will not create or suffer to be created any lien, <br />encumbrance or charge upon the Project, or any part thereof <br />(other than such as may be imposed by the execution of the <br />Lease or any other lease herein authorized or by this <br />Indenture) or upon the Revenue and other moneys, including <br />the Basic Rent and other rents, charges or other income <br />therefrom, except the lien and charge of the Bonds secured <br />hereby upon the Revenue and such other moneys, and that, <br />from the Revenue and other available funds, it will pay or <br />cause to be discharged, or will make adequate provision to <br />satisfy and discharge, within sixty (6Q} days after the same <br />shall accrue, all lawful claims and demands for labor, <br />materials, supplies or other items which, if unpaid, might <br />by law become a lien upon the Project, or any part thereof, <br />or the Revenue or such other moneys; provided, however, that <br />nothing in this Section contained shall require the Issuer <br />to pay ar cause to be discharged, or make provision for, any <br />such lien, encumbrance or charge so long as the validity <br />thereof shall be contested in good faith and by appropriate <br />legal proceedings; and further provided, that nothing in <br />this Section contained shall require the Issuer to pay or <br />cause to be discharged, or make provision for, any such <br />lien, encumbrance or charge which is identified and accepted <br />under the owner's/mortgagee's title insurance policy. <br />Section 705. Assi ent to Bondholders of Ri hts tinder <br />Lease. The Issuer hereby gives, assigns an p edges to e <br />holders from time to time of the Bonds, as additional <br />security for the Bonds, the right and privilege, in addition <br />to all other rights vested in and remedies available to such <br />Bondholders, to enfoxce either jointly with the Issuer or <br />separately and in conformity with the provisions of this <br />Indenture, the performance of the obligations of the Company <br />under the Lease. <br />Section 706. A ointment of Project Mara er. The <br />Issuer covenants that ~.t wi 1 cause the S eases to appoint <br />a Project Manager and an Alternate Project Manager, <br />empowered to take all actions and make all certificates <br />required under the provisions of this Indenture. In the <br />event either of said persons, or any successor appointed <br />52 <br /> <br />J <br /> <br />
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