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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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against the Monthly Repair and Replacement Deposits the Borrower shall be given credit for the <br /> amount of costs that are properly payable from the Repair and Replacement Fund but which the <br /> Borrower has paid from sources other than amounts in the Repair and Replacement Fund,but only <br /> if the Borrower delivers to the Trustee written evidence of the payment of such costs,along with a <br /> written statement signed by the Authorized Borrower Representative that no person shall seek <br /> reimbursement or other payment for such costs from amounts in the Repair and Replacement Fund; <br /> (g) Seventh,to the Operating Reserve Fund,amounts sufficient to replace the bank letter <br /> of credit on deposit to the Operating Reserve Fund which was issued in an amount equal to the <br /> Operating Reserve Requirement,as provided further in Section 5.11,and then such amount,if any, <br /> required to restore the balance therein to an amount equal to the Operating Reserve Requirement;; <br /> (h) Eighth, to the Subordinate Debt Service Account of the Bond Fund for the <br /> Subordinate Bonds,an amount equal to the sum of one-sixth(1/6th)of the interest coming due on the <br /> next Interest Payment Date : • . - . ' .: . _ . . . <br /> Principal Payment Date (including niandatury sinking fund payments), plus any unpaid interest <br /> andioi principal previously due and not deposited, plus any unrestored amounts previously <br /> withdrawn from the Subordinate Debt Service Account for transfer to the Taxes and Insurance Fund <br /> as provided in Section 5.02 and Section 5.06; <br /> and(i) Ninth,to the Manager,any accrued and unpaid Subordinated Management Fee; and <br /> (i)Niiith(i) Tenth,to the Surplus Fund, all remaining amounts in the Revenue Fund. <br /> Section 5.02 Bond Fund. <br /> (a) On the Date of Issuance of the Series 2001 Bonds, proceeds of the Senior Bonds shall be <br /> deposited in the Senior Debt Service Account to the extent provided in Section 4.02;thereafter amounts shall <br /> be deposited in the Bond Fund as provided in Section 5.01. In addition, any Loan Repayments paid to the <br /> Trustee by the Borrower under the Section 4.02 (a) of the Loan Agreement (other than from amounts <br /> described in Section 5.01)shall be deposited in the Senior Debt Service Account, together with any other <br /> amounts permitted to be deposited therein on behalf of the Borrower and delivered to the Trustee for such <br /> deposit. On the Monthly Transfer Date,if amounts in the Senior Debt Service Account are not sufficient to <br /> pay in full the monthly principal and interest requirements on the Senior Bonds, the amount of such <br /> deficiency,to the extent of available funds, shall by transferred: from the following funds in the following <br /> priority: first, from amounts in the Surplus Fund; second, from amounts in the Subordinate Debt Service <br /> Account, third, from amounts in the Operating Reserve Fund; fourth, from amounts in the Repair and <br /> Replacement Fund; fifth, from amounts in the Optional Redemption Fund; and sixth, from amounts in the <br /> Debt Service Reserve Fund, . . • , ' .' . ' •• ' ' : . • : • • • . . . , . <br /> Insaiance Fan& <br /> The moneys and investments in the Senior Debt Service Account are irrevocably pledged and shall <br /> be used by the Trustee, from time to time,to the extent required: <br /> FIRST: For the payment of interest whenever due and payable and for the payment of <br /> principal of Senior Bonds when due at maturity or upon sinking fund redemption; <br /> - 40 - <br />
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