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24�i06937 200412247 '•Cvmmencemenr 1)are" shall mean the date �n �Nhich �he Ciry receives from Hear�land written norification of satisfactzon uf conditions scated in Paragraph 3. �elo�v. "Cvnstrucrion Firnd" shall mean �he consiruction and acquisition fund created pursuant �o che Buildin; Bond Indenture to be maintained bv the Trustee and in�o which cercain �f che proeeeds �t che sale uf che Buildin7 Bonds �halI be deposited to be disbursed for payments due for cost�s related to the Project. "Debt Service Reserve Fund" shall mean the debt service reserve rund created pursuant to the Building Bond Indenrure co be maintained by the Trustee and into which certain of the proceeds af the Buildin� Bonds shall be degosited co be held as a reserve to assure the timely payment of principal and interest on che Buildin� Bonds as the same fa11 due. "Declaration" shall mean that Declaradon �overning the Site to be executed and deliv- ered by Hall County Livestock Improvement �ssociation, a�l'ebraska nonproht corpora- tion ("Fonner Park"} (the name record uwner of tract that �vill be subject to Declazation) in accordance with Neb. Rev. Stat., §�}76-825 to 76-$94, as amended, which sha11, amon� other things, specify the unit of real estate constituting the Project basea upon the Plans and Specitications and �he ci�hts acid �asemenu for che beneft ofsuch unit. "Plans and Specifrcations" shall mean the plans and specifications for the Project, which may inctude work for uniu under the DecIaration other than the unit constituting the Project so long as costs for the unit can be separately identified and certified for payment. The Project shall consist of a new building, connecting suuctures, additions, improve- ments and fixtures for a multi-purpase a�ricultural exposirion and events center to be lo- cated oa the Site and abutting the existing Fonner Pazk facilities. The new structure for the Project shall include a building area of approximately 77,Q00 square feet aad arena seating that will accommodate approximately 7,�04 persons. A preliminary diagram showing the basic features for the Project, for illustration purposes, is attached hereto as Eshibit a artd made a part hereof by reference. "Other Funding Sources" shall mean funds to be obtained for payment of costs of the Project in the form of contributions raised and paid to Heartland, �'cliits for which �ant agreements have been entered into and any other contractual commitments far funding acceptabie to the City, none of which shatl result in any encumbrance upon the Praject which cannot be cancelled in the event that the City zxercises its prepayment rights undet this ��reement and directs th� satisfaction uf the BuiIding Bonds under the terms of the Indenture. "Project" shall mean that unit allocated to this :�greement under the Declazation which shall constitute an a,�ricultura! exposiuon and events center for public performances, sporting events and other public meetin;s and events, which is the subject to this Agree- menr, includin� ri;hts with respect to areas subject to rhe permanent easement as refened to herein, as tivelt as the tixtures and appurtenances included as part of such unit. The terms ot che Declaration shutl be approved by Hz�rtland prioc to its recording and the