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<br />2A4 <br />~1--- ilii~~~'~' <br />INDENTURE OF TRUST ANT` MORTGAGE <br />THIS INDENTURE OF TRUST AND MORTGAGE (herein called <br />"the Indenture" or "this Indenture"), dated as of <br />November I5, 1y81, by and between The County of Hall, <br />Nebraska (herein called the "Issuer"), and The Overland <br />National Bank of Grand island, Grand Island, Nebraska, a <br />national banking association organized and existing under <br />the laws of the Uni'.ed States of America, which is <br />authorized under such laws to exercise corporate trust <br />powers and is subject to examination by Federal authority, <br />as Trustee (said Trustee and any bank or trust company <br />-~ecoming successor trustee under this Indenture being herein <br />called the "Trustee"), <br />W I T N E S S E T H: <br />WHEREAS, the Issuer is authorized by Section 2 of <br />Article XIII of the Nebraska Constitution and Article 16 of <br />Chanter 18 of the Reissue Revised Statutes of the State of <br />Nebraska, 1943, as amended (herein collectively called the <br />"Act"), to acquire, whether by purchase, lease or otherwise, <br />real property and to construct or acquire manufacturing and <br />industrial plant buildings and related improvements and <br />machinery, equipment, fixtures and other personal property <br />deemed necessary in connection therewith, and to lease the <br />same as a project in order to provide for the acquisition, <br />purchase, construction, improvement, betterment and <br />extension of industrial development in Nebraska; <br />WHEREAS, the Issuer is authorized by the Act to issue <br />revenue bonds secured by a mortgage on such property and <br />payable solely from the revenues derived from leasing such <br />property thus acquired or constructed through the issuance <br />of such revenue bonds and from the funds herein established; <br />WFIRREAS, under Section 103 of the Internal Revenue Coda <br />of 1954, as amended, 26 U.S.C. 103(b), the interest on <br />industrial development bonds issued by a political sub- <br />division Ef a_~y state in an a+~grer~ate amount not exceeding <br />the maxisaum amount therein prescribed for certain industrial <br />devClopment purposes, as provided in said Code, is exempt <br />from federal income taxes, subject, however, to the <br />limitations and requirements of such law; <br />WHEREAS, pursuant to a Resolution of the Issuer's <br />Governing Body duly adopted and approved on December 8, <br />1981, predicated upon the findings and determinations by the <br />Governing Body of said Issuer, as required by the Act, the <br />Issuer will, contemporaneously herewith, issue its revenue <br />bonds (such bonds and any other bonds issued under this <br />Indenture being herein called the "Bonds"), for the purpose <br />t_._ <br /> <br /> <br />