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<br />2A4
<br />gl._.. ~l~J6~vc~1
<br />of acquiring: (i} a leasehold interest in certain real
<br />property (herein referred to as +-he "Existing Property")
<br />created by that certain lease by and between the Union
<br />Pacific Railroad Company, a corporation of the State of Utah
<br />(hereinafter the "Railroad"), as lessor, and Hoch, Inc., a
<br />Nebraska cc~-poration (herein referred to as the
<br />"Sublessee"), as lessee, dated August 21, 1981 (herein
<br />referred to as the "Ground Lease") attached hereto as
<br />Exhibit "A" and made a part hereof, wherein the Existing
<br />Property is described, which Ground Lease, with the consent
<br />of the Railroad, gas assigned by Sublessee to H & H
<br />Partnership, a Nebraska general partnership (the "Company"),
<br />and assigned by the Company to the Issuer, all pursuan± to
<br />respective assignment documents dated as of November 15,
<br />1981 (the "Assignments"), said leasehold interest
<br />constituting all of the Company's right, title and interest
<br />in and to the Existing Property; (ii) a certain industrial
<br />facility to be constructed thereon (herein referred to as
<br />the "Building"); and (iii) certain items of machinery,
<br />equipment and other personal property installed or used in
<br />the Building or on the Existing Property (herein referred to
<br />as the "Lcas2d Equipment") (the leasehold interest in the
<br />Existing Praperty, the Building and the Leased Equipment
<br />collectively referred to as the "Project") and will lease
<br />said Project to the Company, pursuant to a Lease and
<br />Agreement (the "Lease"}, dated as of even date herewith, in
<br />consideration of rentals to be paid into a Bond Fund which
<br />will he sufficient to pay the principal of, and the interest
<br />on, the Bonds, and to finance the Project as herein recited,
<br />and will sublease the Existing Property to the Company
<br />pursuant to a Sublease Agreement dated as of even date
<br />herewith (the "Ground Sublease");
<br />WHEREAS, the Company will, contemporaneously herewith,
<br />(i) sublease the Project to Hoch, Inc., a corporation
<br />qualified to do business in Nebraska {the '"Sublessee'"I,
<br />pursuant to a Sublease Agreement (the "Sublease='), dated as
<br />of even date herewith, in consideration of rentals to be
<br />paid to the Company which wil3 be sufficient to pay the
<br />principal af, and interest on, the Bonds, and to finance the:
<br />project as herein recited, and (ii) sublease the ~.xistinq
<br />Property to t}'ie Sublessee pursuant to the Grc.:nd S~;blease
<br />dated as of even date herewith;
<br />wF1EREAS, the acquisition, construction, leasing and
<br />subleasing of the Project and the issuance of the Bonds by
<br />the Issuer, as herein recited and provided, will serve the
<br />intended accomplishments and in all respects conform to the:
<br />provisions and requirements of the Act;
<br />WHEREAS, the Issuer may, if required in connection with
<br />future expansion of or improvements to the Project,
<br />determine to issue additional series of bonds under and in
<br />accordance with the terms of this Indenture;
<br />
<br />J
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