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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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ARTICLE X <br /> Payment, Defeasance and Release <br /> Section 10.01 Payment and Discharge of Indenture. If the Borrower shall <br /> (a) pay or cause to be paid the principal of and premium, if ally, and interest on the <br /> Bonds at the time and in the manner stipulated therein and herein, or <br /> (b) provide for the payment of principal and premium, if any,of the Bonds and interest <br /> thereon by depositing with the Trustee at or at any time before maturity amounts sufficient either in <br /> cash or in Government Obligations (not callable, except at the option of the holder thereof), the <br /> principal and interest on which when due and payable (or redeemable at the option of the holder <br /> thereof)and without consideration of any reinvestment thereof shall be sufficient,to pay the entire <br /> amount due or to become due thereon for principal and premium, if any,and interest to maturity of <br /> all said Bonds outstanding, or <br /> (c) deliver to the Trustee(1)proof satisfactory to the Trustee that notice of redemption <br /> of all of the outstanding callable Bonds not surrendered or to be surrendered to it for cancellation <br /> has been given or waived as provided in Article III,or that arrangements satisfactory to the Trustee <br /> have been made insuring that such notice will be given or waived,or(2)a waiver of such notice of <br /> redemption signed by the holders of all of such outstanding Bonds, and in any such case, deposit <br /> with the Trustee before the date on which such Bonds are to be redeemed,as provided in said Article <br /> III,the entire amount of the redemption price,including accrued interest and premium, if any,either <br /> in cash or in Government Obligations (not callable, except at the option of the holder thereof) in <br /> such aggregate face amount, bearing interest at such rates and maturing or being callable at the <br /> option of the holder thereof on such dates as shall be sufficient to provide for the payment of such <br /> redemption price on the date such Bonds are to be redeemed,and on such prior dates when principal <br /> of and interest on the outstanding Bonds is due and payable,or <br /> (d) surrender to the Trustee for cancellation all Bonds for which payment is not so <br /> provided, <br /> and shall also pay all other sums due and payable hereunder and under the Loan Agreement by the Borrower, <br /> provided that if Bonds are to be defeased under either paragraph (b) or (c) above, an opinion of Bond <br /> Counsel shall be rendered to the Trustee to the effect that the tax-exempt status of interest on the Tax-Exempt <br /> Bonds shall not be impaired thereby and a written report from an Independent certified public accounting <br /> firm shall be delivered to the Trustee in form and substance satisfactory to the Trustee verifying the <br /> sufficiency of the cash and Government Obligations to pay all principal, interest and redemption price <br /> described above,then and in that case,all the Trust Estate shall revert to the Borrower and the entire estate, <br /> right, title and interest of the Trustee and of the registered owners of the Bonds in respect thereof shall <br /> thereupon cease, determine and become void; and the Trustee in such case, upon the cancellation of all <br /> Bonds for the payment of which cash or securities shall not have been deposited in accordance with the <br /> provisions of this Indenture, shall, upon receipt of an opinion of Bond Counsel as to compliance with <br /> conditions precedent,and at its cost and expense,execute proper instruments acknowledging satisfaction of <br /> this Indenture and surrender to the Borrower all cash and deposited securities, if any (other than cash or <br /> - 64 - <br />
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