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81006059
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Last modified
1/14/2010 11:30:22 PM
Creation date
1/14/2010 11:28:11 PM
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DEEDS
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81006059
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<br /> <br />ARTICLt VI <br />_'^TODY AND APPLICATION OF CASH <br />PROCEEDS OP BONDS (CONSTRUCTION FUND) <br />Section 1. There is hereby created and established with <br />the Trustee a trust fund in the name of the Issuer to be desig- <br />nated as the Construction Fund. All proceeds from the sale of the <br />Series A Bonds shall be deposited to the Construction Fund except <br />accrued interest. Moneys in the Construction Fund shall be <br />expended on orders and requisitions signed by the Project Manager, <br />or alternate Project Manager, but only for the cost of construc- <br />tion and acquisition of the Project and other items specified in <br />the Lease and Agreement and particularly Article IV thereof. Each <br />order or rQquisition fer disbursement from the Construction Fund <br />shall bear the approval of the Project Manager or alternate <br />Project Manager and shall specify: <br />(a) That the disbursement is for a proaer expense <br />of the Project and has not theretofore been include3 in <br />a Former requisition; <br />(b) That the Lessee, or a parson or entity relate~3 <br />to the Lessee, prior to the Preliminary Approval Date <br />(as such term is defined in Article I hereof} had not <br />incurred any liability, directly or indirectly, far such <br />expense; and was not obligated, directly or indirectly, <br />to purchase or acquire ar construct all or any portion <br />of the Project for which disbursement is requested. <br />(c) That the Lessee. ar a faeeson or entity related <br />to the Lessee prior to the Preliminary Appr-~va1 C3at«~. <br />was not the ~substantia2 user" of the portion of the <br />Project for which the disbursement is requested; <br />(d) The name of the person, firm, or corporation <br />to whom payment is due; <br />(e) Amount to be paid; and <br />(f) The purpose by general classification for <br />which the obligatio~~ to be pail was incurred. <br />The Trustee is hereby authorized and directed to issue <br />its checks for each disbursement called for by orders and requisi- <br />tions when signed and executed as above specified. <br />The Trustee shall keep and maintain adec3uate records <br />lsertaining to the Construction Fund and all disbursements there- <br />from and when the Construction Fund has been closed out (as pro- <br />vided in Section 2 hereof), the 'trustee shall file an accounting <br />thereof with the Lessee. <br />fi-a <br />
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