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201103788
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201103788
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Last modified
5/25/2011 8:51:18 AM
Creation date
5/20/2011 8:35:53 AM
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DEEDS
Inst Number
201103788
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201103788 <br />PROVIDED, HOWEVER, that if the Corporation its successors or assigns shall <br />well and truly pay, or cause to be paid, the principal of the bonds and interest due or to become due <br />thereon, at the times and in the manner mentioned in the bonds, according to the true intent and <br />meaning thereo� and sha11 make the payments into the Bond Fund as required under Article V and <br />shall well and truly keep, perform and observe a11 the covenants and conditions pursuant to the <br />terms of this Indenture to be kept, performed and observed by it, and shall pay or cause to be paid <br />to the Trustee a11 sums of money due or to become due to it in accordance with the terms and <br />provisions hereo� then upon such final payments this Indenture and the rights hereby granted sha11 <br />cease, determine and be void; otherwise this Indenture to remain in full force and effect. <br />THIS INDENTURE FLJRTHER WITNESSETH: That all bonds issued hereunder <br />are to be issu�, authenticated and delivered, and all said revenues, income and other property <br />hereby assigned and pledged are to be dealt with and disposed of under, upon and subject to the <br />terms, conditions, trusts, uses and purposes hereinafter expressed, and the Cor�ration has agreed <br />and covenanted and does hereby agree and covenant with the Trustee and with the respective <br />owners, from time to time, of the bonds, as follows, that is to say: <br />ARTICLE I <br />DEFINITIONS <br />Section 1.01. In addition to the words and tenns elsewhere defined in this <br />Indenture, the following words and tenns as used in this Indenture shall ha.ve the following <br />meanings, unless the context or use indicates another or different meaning or intent: <br />"Agreement" shall mean the Lease Purchase Agreement dated as of July 1 Z, <br />Z005, as supplemented and amended by the Addendum to Lease Purchase <br />Agreement dated as of October 1, 2005, and as further supplemented and amended <br />by the Second Addendum to Lease Purchase Agree�nent dated as of May 1, 2011, <br />relating to the Project, by and between the City, as purchaser and lessee, and the <br />Corporation, as seller and lessor. <br />"bond" or "bonds" shall mean any bond or bonds issued pursuant to, in <br />accordance with and secured by this Indenture. <br />"Bond Fund" shall mean the Fund crea.ted by Article V of this Indenture <br />into which the funds specified in Article V are to be deposited. <br />"Bondholder" or "bondholder" or "owner" shall mean the registered owner <br />of any bond. <br />`Bond Purchase Agreement" sha11 mean that Bond Purchase Agreement <br />dated April 12, 2011 by and between the Underwriter and the Corporation and <br />approved by the City providing for the sale of the Refunding Bonds to the <br />Underwriter upon the tenns and conditions set forth therein. <br />�3 <br />
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