11-14-01 1. INDENTURE OF TRUST - Laserfiche WebLink

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the Additional Bonds; and that all conditions precedent in this Indenture and the Loan Agreement relating to the authentication and delivery of such Additional Bonds and the Borrower's incurrence of Long-Term Indebtedness with respect thereto have been complied with; (b) A Resolution adopted by the City Council in its sole and absolute discretion authorizing the issuance of the Additional Bonds, the sale thereof to the purchaser or purchasers named therein for the purchase price or consideration set forth therein;and the City's execution and delivery of a Supplemental Indenture setting forth the terms of the Additional Bonds,and approving an amendment or supplement to the Loan Agreement, if an amendment or supplement is proposed by the Borrower to be entered into in connection with the issuance of the Additional Bonds; (c) An order of the City signed by an Authorized City Representative directing the authentication of such Additional Bonds and the delivery thereof to or upon the order of the purchaser or purchasers named therein upon payment of the purchase price set forth therein; (d) To the extent required to provide for additional Loan Repayments sufficient to timely pay principal,premium,if any,and interest on all Bonds to be outstanding immediately after the issuance of such Additional Bonds, a counterpart of an amendment to the Loan Agreement executed on behalf of the City by an Authorized City Representative and on behalf of the Borrower by an Authorized Borrower Representative; (e) A counterpart of a Supplemental Indenture executed on behalf of the City by an Authorized City Representative setting forth,among other things,the amount,interest rate or rates, maturity dates, and redemption dates for the Additional Bonds; (f) If necessary to secure the payment of the Additional Bonds by the Mortgage and/or the Subordinate Mortgage to the same extent that the Series 2001 Bonds or amounts due under the Loan Agreement with respect thereto are secured,counterparts of any amendments or supplements to the Mortgage and/or the Subordinate Mortgage executed on behalf of the Borrower by an Authorized Borrower Representative,and in any case an Opinion of Counsel that such amendments or supplements are valid and binding on the Borrower(subject to customary qualifications),and/or that no amendment or supplement is required to the Mortgage and/or the Subordinate Mortgage,as the case may be,to secure the Additional Bonds by such instrument to the same extent as outstanding Series 2001 Bonds or other then outstanding Additional Bonds are secured; (g) Cash in the amount necessary to make the balance in the Debt Service Reserve Fund equal to the Debt Service Reserve Requirement immediately after the issuance of the Additional Bonds,which cash may be from proceeds of such Additional Bonds; and (h) An Opinion of Bond Counsel: (A) stating that all conditions precedent provided in this Indenture and the Loan Agreement relating to the authentication and delivery of such Additional Bonds have been complied with; - 25 -