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11-14-01 1. INDENTURE OF TRUST
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2040 Wayzata Boulevard West - 34-118-23-21-0036 - (Orono HRA)
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2040 Wayzata Blvd Land Use - Dunbar
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Dunbar Sr. Hsg. - Finance Doc's - Mike Gaffron File Cabinet 1
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11-14-01 1. INDENTURE OF TRUST
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Last modified
8/22/2023 4:55:34 PM
Creation date
10/4/2021 9:44:21 AM
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x Address Old
House Number
2040
Street Name
Wayzata
Street Type
Boulevard
Street Direction
West
Address
2040 Wayzata Boulevard West
Document Type
Land Use
PIN
3411823210036
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"Event of Default" means an Event of Default described in Section 7.01 of this Indenture that has <br /> not been cured. <br /> "Event of Nonpayment"means,with respect to Subordinated Debt,any nonpayment when scheduled <br /> of any amount of principal or interest thereon. <br /> "Government Obligations"means direct obligations of the United States of America for the payment <br /> of which the full faith and credit of the United States of America is pledged,the payment of the principal of, <br /> premium, if any, and the interest on which is fully guaranteed as a full faith and credit obligation of the <br /> United States of America(including any securities issued or held in book-entry form on the books of the <br /> Treasury of the United States of America). <br /> "Gross Revenues"means,for any period,(i)all Project Revenues,(ii)all investment income of the <br /> Borrower or on amounts held by the Trustee(other than in the Project Fund or the Rebate Fund)under the <br /> terms of this Indenture, (iii) all contributions to the Borrower that are available to pay all principal and <br /> interest on all Indebtedness of the Borrower and all Operating Expenses, (iv)all Tax Increment Revenues <br /> received from the City under the Tax Increment Note or from any other source, and (v) all other non- <br /> operating income of the Borrower,excluding unrealized gains on investments,income from the forgiveness <br /> of Indebtedness,proceeds of any borrowing,proceeds from the sale of any asset not occurring in the ordinary <br /> course of business, and any item of an extraordinary or nonrecurring nature. <br /> "Ground Lease"means the Ground Lease between the Borrower and the HRA,dated as ofNovember <br /> 1,2001,by which the HRA has conveyed a leasehold interest in the Land to the Borrower. <br /> II, "Holder," "Bondholder" or"owner"whenever employed herein with respect to a Bond means the <br /> person in whose name such Bond shall be registered. <br /> "HRA" means the Orono Housing and Redevelopment Authority. <br /> "Indebtedness"means the same as such term is defined in the Loan Agreement. <br /> "Indenture"means this Indenture of Trust between the City and the initial Trustee,and including any <br /> amendments or supplements thereto. <br /> "Independent," when used with reference to an attorney, engineer, architect, certified public <br /> accountant,consultant or other professional person,means a person who(i)is in fact independent,(ii)does <br /> not have any material financial interest in the Borrower or the transaction to which such person's Certificate <br /> or opinion relates(other than payment to be received for professional services rendered),and(iii)is not an <br /> officer,director or employee of the City or the Borrower. <br /> "Independent Counsel" means an Independent attorney duly admitted to practice law before the <br /> highest court of any state. <br /> "Interest Payment Date" means for all Series 2001 Bonds, May 1 and November 1 of each year, <br /> beginning May 1, 2002, and for any Additional Bonds, the dates established for the regularly scheduled <br /> payment of interest thereon in any Supplemental Indenture for the Additional Bonds. <br /> - 8 - <br />
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