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

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III. The Tax Increment Note issued by the City in favor of the Borrower and all payments made by the City thereunder,which are to be received by the Trustee on behalf of the Borrower. IV. Any and all other property of every name and nature from time to time hereafter by delivery or by writing of any kind conveyed,mortgaged,assigned or transferred,or in which a security interest is granted by the City or the Borrower or by anyone in behalf of them or with their written consent, to the Trustee, which is hereby authorized to receive any and all such property at any and all times and to hold and apply the same according to the terms, including but not limited to all property subject to the Mortgage and the Subordinate Mortgage. TO HAVE AND TO HOLD the foregoing hereby conveyed and assigned,or agreed or intended so to be,to the Trustee, its successor or successors in trust and its and their assigns, FOREVER. IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the equal and proportionate benefit,security and protection of all Holders of the Bonds of each Series issued or to be issued under and secured by this Indenture,without preference,priority or distinction as to lien or otherwise of any of the Bonds of any Series over the Bonds of any other Series,except as may be otherwise herein provided. PROVIDED,HOWEVER,that if the principal of the Bonds and the premium(if any)and interest due or to become due thereon,shall be paid at the times and in the manner mentioned in the Bonds,or shall have been provided for,by depositing with the Trustee sums sufficient to pay such entire amounts due or to become due thereon, and all the covenants and conditions pursuant to the terms of this Indenture and the Loan Agreement shall be kept, performed and observed, including without limitation all amounts payable to the Trustee or the City thereunder,the rights hereby granted shall cease,terminate and be void;otherwise, this Indenture shall be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH,and it is expressly declared that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and all said property hereby assigned or pledged is to be dealt with and disposed of under,upon and subject to the terms,conditions,stipulations, covenants,agreements,trusts,uses and purposes as hereinafter expressed,all subject to the following terms: [The balance of this page is intentionally left blank.] - 3 -