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201106937
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201106937
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Last modified
10/9/2011 10:52:19 PM
Creation date
9/20/2011 8:40:44 AM
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DEEDS
Inst Number
201106937
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201106937 <br />2�041�24� <br />"Clther Funding Sources" shall mean funds to be obtained for payment of costs of the <br />Project in the form of contributions raised and paid to Heartland, grants for which grant <br />agreements ha.ve been entered into and any other contractual commitments for funding <br />acceptable to the City, none of which shall result in any encumbrance upon the Project <br />which cannot be cattcelled in the event that the City exercises its prepayment rights under <br />tlus Agreement and directs the satisfaction of the Building Bonds under the terms of the <br />Indenture. <br />"Park�tig Rdghts and Access Agreement" sha11 mean the Parking and Access Agreement <br />by and among Fonner, Heartland and the City dated as of Deceml�r 1, 2004. <br />"Plans and Spec�atians" shall mean the plans and specifications for the Project as <br />prepared pursuant ta the Construction Contract. The Project sha11 consist of a new <br />building, additians, improvements and fixtures for a multi-purpose agriculturai exposition <br />and events center to be located on the Site. <br />"Policy" shall meaa the Financial Guaranty Insurance Poiicy issued by the Insurer insuring <br />the payment when due of the principal and interest on the Building Bonds as pmvided <br />therein. <br />"Project" shall mean the Site together with a12 improvements constructed thereon <br />pursuant to the Constcuction Contract, which shall constitute an agricultural ex�sition <br />and events center for public performances, sporting events and other public meetings and <br />events, including any and all fixtures and equipment provided pursuant to the <br />Construction Contrac� <br />"ProjectRelated Rights" shall mean those rights with respect to azeas adjacent to the Site <br />owned by Fontter Park as provided for by contract and/or easement, including but not <br />limited to the rights provided for under the terms of the Parking and Access Agreement. <br />"Site" shall mean the real estate awned by Fonner Park and heretofore or hereafter <br />conveyed to Heartland which is the real estate to be utilized for and constituting a part of <br />the Project wluch is more specifically described on Exhibit "A" hereto attached and by <br />reference incorporated herein. <br />"Trustee" shall mean Wells Fazgo Bank, National Association, as trustee under the <br />Indenture, or any successor thereto having trust powers under applicable federal and state <br />law which has been designated as successor trustee under the Indenture in accordance <br />with the terms thereof. <br />"Underwriter" shall mean Ameritas Investment Corp. as purchaser of the Building <br />Bonds under the terms of the Indenture. <br />Section II. Statement of Term of Lease Purchase Atreement as Amended bv Second <br />Addendum; Incorporation bv Refereace. The term of the Lease Purchase Agreetnent as <br />3 <br />
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