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

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Replacement Fund are less than the amount required to be deposited therein,the amount of such deficiency (to the extent of available funds and after any transfers required to be made to the Senior Debt Service Account,the Taxes and Insurance Fund or the Debt Service Reserve Fund)shall be transferred: first,from amounts in the Surplus Fund, second, from amounts in the Subordinate Debt Service Account, and third, from amounts in the Operating Reserve Fund.The Trustee shall deposit in the Repair and Replacement Fund all amounts paid by the Borrower under Section 4.02(d) of the Loan Agreement and all other amounts required to be deposited into the Repair and Replacement Fund under this Indenture or the Loan Agreement. Amounts shall be transferred to the Senior Debt Service Account for the payment of principal, premium or interest on the Senior Bonds to the extent required by Section 5.02(a),to the Taxes and Insurance Fund as provided in Section 5.06,and to the Debt Service Reserve Fund as provided in Section 5.04(a). In addition,if a Majority of Holders shall consents or if(i)no Event of Default has occurred and is continuing, (ii) all reports of the Borrower required to be provided to the Trustee under Section 6.02 of the Loan Agreement have been so provided,and (iii)the budget as required by Section 6.03 of the Loan Agreement has been provided to the Trustee and the Original Purchaser,and(iv)all deposits described in Section 5.01 to the Taxes and Insurance Fund,the Bond Fund and its accounts,the Debt Service Reserve Fund,and the Repair and Replacement Fund are current(or credit for such deposits shall have been given in accordance herewith for other amounts in such funds), the Trustee shall disburse any amount in the Repair and Replacement Fund to the Borrower or the Manager to pay any costs of capital improvements or extraordinary items of maintenance with respect to the Project Facilities upon the Trustee's receipt of written certification by the Authorized Borrower Representative that amounts therefor are due and payable, and a written statement from an independent certified public accounting firm that such costs are properly payable from the Repair and Replacement Fund. Amounts may also be disbursed to the Borrower to reimburse such costs previously paid by or on behalf of the Borrower (but only if the payment of such costs was not credited against a Monthly Repair and Replacement Deposit otherwise due under Section 5.01(g)). Upon receipt by the Trustee, all investment income from amounts on deposit in the Repair and Replacement Fund shall be deposited in the Revenue Fund. Section 5.08 Rebate Fund. Amounts shall be deposited in the Rebate Fund as provided in Section 5.01, and as described in Sections 2.03(s) and 4.02(h) of the Loan Agreement. If on the thirtieth day following any Computation Date for any issue of Tax-Exempt Bonds,the Trustee has not received from the Borrower written evidence from a Rebate Analyst as to the amount,.if any, of rebatable arbitrage required to be paid to the United States in connection with such Computation Date and such Tax-Exempt Bonds(the "Rebate Report"),the Trustee, at the expense of the Borrower shall engage a Rebate Analyst to prepare a Rebate Report,notifying the Borrower of such engagement and promptly providing to the Borrower a copy of the Rebate Report after its delivery to the Trustee,and making demand on the Borrower to pay any amount of rebate required to be paid to the United States as set forth in the Rebate Report. If the Borrower shall fail to remit to the Trustee the amount of rebate owing to the United States in accordance with the Rebate Report within five days after Borrower's receipt of such report, thereafter, notwithstanding any other provisions hereof,the Trustee shall transfer the amount required to be paid to the United States the Rebate Fund from the following funds: first from the Surplus Fund, second from the Subordinate Debt Service Account, third, from the Operating Reserve Fund, fourth, from the Repair and Replacement Fund,fifth,from the Senior Debt Service Account,sixth,from the Senior Debt Service Reserve Account(to the extent permitted by Section 5.04),seventh,from the Taxes and Insurance Fund,and eighth, from the Revenue Fund. To the extent of amounts in the Rebate Fund, the Trustee shall make available to - 45 -