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�. .., . � � � � � �� � � �� � � � � � � � A N � � ,..p = � � � � c � a � � �Q1106�3 �o � , �\ � � n m rn � m ,_� c� c> ?�� n ,� n � � � � �� s C � �. ° m �� O m � V1 � � � SECOND ADDENDUM TO LEASE PURCI�YSE AGREEMENT N N "� � N cn co --� � o ' r'� �'7 r i> cn � D �� � This Second Addendum to Lease Purchase Agreement is executed and delivered as of the first day of December, 2004 by and between the CITY OF GRAND ISLAND, NEBRASKA, a city of the first class of the State of Nebraska ("City") and FONNER PARK EXPOSITION AND EVENTS CENTER, INC., a Nebraska nonprofit corporation ("Heartland'�. RECITALS WHEREAS, the City and Heartland have entered into a Lease Purchase Agreement dated October 9, 2401 (the "Original Lease Purchase Agreement") which has been modified and amended by an Addendum to Lease Purchase Agreement dated August 26, 2003 also by and between said parties (the "Addendum" and, together with the Original Lease Purchase Agreement, the "Lease Purchase Agreement") both relating to the planning, designing, constructing and financing of an agricultural exposition and events center which the City proposes to lease and acquire for the benefit of the City and its inha.bitants in accordance with the authorization provided for in Section 19-2421, R.RS. Neb. 1997; WHEREAS, Heartland is concurrently entering into a Trust Indenture and Security Agreement dated as of December 1, 2004 (the "Indenture"} with Wells Fazgo Bank, National Association, as t7vstee (the "Bond Trustee") under which Heartland is issuing, on behalf of the City, Heartland's Building Bonds (Heartland Events Center Project), Series 2004, in the principal amount of Seven Million Seven Hundred Sixty-five Thousand Dollars ($7,765,004) (the "Bonds"); WHEREAS, in connection with the issuance of the Bonds, it is necessary and advisable for the City and Heartland to set certain final terms of the Lease Purchase Agreement and to amend and modify the Lease Purchase Agreement to include certain provisions for the benefit of the registered and beneficial owners of the Bonds; NOW TI�REFORE, in consideration of the mutual covenants contai.ned herein and of ° the purchase of the Bonds by the original and subsequent purchasers of the Bonds, the parties do hereby agree and contract as follows: Section L Amendment of Definitions of Terma The definitions of terms set forth in Section 2 of the Original Lease Purchase Agreement are hereby amended and restated as follaws: �i ('Y9 � � � t'�� � � a N O 0 � F� N N s � �/a �"' � The words and terms as used in this Agreement shall have the following meanings, unless the cantext or use indicates another or different meaning or intent: