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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 />82.x. illlfi05'~' <br />ARTICLE XIII. <br />Defeasance <br />Section 1301. Release and Dischar a of Indenture. If, <br />when the Bonds secured ereby she 1 have become due and <br />payable in accordance with their terms or otherwise as <br />provided in this Indenture, or shall have been duly called <br />for redemption or irrevocalble instructions to call the <br />Bonds for redemption shall have been given by the Issuer to <br />the Trustee, the whole amount of the principal and the <br />interest and the premium, if any, so due and payable upon <br />all of the Bonds then outstanding shall be paid, or moneys <br />or an aggregate principal amount of government obligations, <br />or both moneys and a principal amount of government <br />obligations, equal to said whole amount, shall be held by <br />the Trustee or the Paying Agents for such purpose under the <br />provisions of this Indenture, and provision shall also be <br />made for paying all other sums payable hereunder by the <br />Issuer, including Trustee's cnnd Paying Agents' fees and <br />expenses to the date of retirement of the Bonds, then and in <br />that case, the right, title and interest of ±he Trustee and <br />the holders of the Bonds in the Revenue and other moneys as <br />provided in this Indenture shall thereupon cease, determine <br />and become void, and the Trustee in such case, on demand of <br />the Issuer, shall release this Indenture and shall execute <br />and file with the proper officers such documents to evidence <br />such release as may be reasonably required by the Issuer, <br />and shall transfer to the Issuer or to such officer, board <br />or body as may then be entitled by law to receive the same <br />(which shall be the Company, or its successors or assigns <br />under the Lease unless the Trustee shall have been advised <br />in writing to the contrary by the Issuer) any surplus in the <br />Bond Fund and all balances remaining in any other funds or <br />accounts, other than moneys held for the redemption or <br />payment of Bands; otherwise, this Indenture shall be, <br />continue and remain in full force and effect; provided, <br />however, that in the event government obligations be <br />deposited with and held lay the Trustee or the Paying Agents, <br />as hereinabove provided, and in addition to the requirements <br />set forth in Article III of this Indenture, the Trustee <br />shall within thirty (30} days after such goverment <br />obligations shall have been deposited with it cause a notice <br />signed by the Trustee to be published once in a newspaper of <br />general statewide circulation published in the State of <br />Nebraska, setting forth (i) the date designated for the <br />redemption of the Bonds, (ii) a description of the govern- <br />ment obligations so held by it, and (iii} that this <br />Indenture has been released in accordance with the <br />provisions of this Section. <br />All moneys and government obligations held by the <br />Trustee or the Paying Agents pursuant to this Section shall <br />be held in trust and the principal and interest of said <br />77 <br /> <br /> <br /> <br />
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