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Agenda - Economic Development Authority - 05/24/2005
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Agenda - Economic Development Authority - 05/24/2005
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4/14/2025 1:32:42 PM
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5/20/2005 11:16:45 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Economic Development Authority
Document Date
05/24/2005
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78 <br /> <br /> WHEREAS, the Trustee has accepted and hereby accepts the trust created by this <br />Indenture and in evidence thereof has joined in the execution hereof; <br /> <br />NOW, THEREFORE, THIS INDENTURE WITNESSETH: <br /> <br />ORANTING CLAUSES <br /> <br /> That the Issuer in order to secure the payment of the principal of and interest on the <br />Bonds issued under this Indenture according to their tenor and effect and the performance and <br />observance of each and all of the covenants and conditions herein and therein contained, and for <br />and in consideration of the premises and of the purchase and acceptance of the Bonds by the <br />respective purchaser or purchasers and Holders thereof, and for other good and valuable <br />considerations, the receipt whereof is hereby acknowledged, has executed and delivered th.is <br />Indenture and has granted, bargained, sold, assigned, transferred, conveYed3 warranted, pledged <br />and set over, and by these presents does hereby gr~t, bargain, sell, assign, transfer, convey, <br />warrant,' pledge and set over, unto the Trustee (which the Trustee does hereby accept and <br />assume) and to its successor or successors in the trust hereby created and to its or their assigns <br />forever: <br /> <br /> All of the rights, title and interests and privileges of the Issuer in, to and under the (i) <br />Lease except for the rights of the Issuer under Sections 5.3(b), 6.5, 12.5 and 12.6 of the Lease, <br />and (ii) the Ground Lease. <br /> <br />II. <br /> <br /> A first lien on and pledge of (i) the moneys and investments in the Bond Fund and <br />Reserve Fund covenanted to be created and maintained under this Indenture and (ii) moneys and <br />investments in the Construction Fund not used to pay Project Costs. <br /> <br />IlL <br /> <br /> The option and 'any and all other property of every name and nature from time to time <br />hereafter by delivery or by writing of any kind. conveyed, assigned or transferred, or in which a <br />security interest is granted, by the Issuer or the City or by anyone on behalf of them or with their <br />written consent, to the Trustee, which is hereby authorized to receive any and all such property at <br />any and all times and to hold and apply the same to the terms hereof, and all insurance proceeds <br />and condemnation awards or other moneys represented by "Trust Moneys" (as defined in Section <br /> <br /> TO HAVE AND TO HOLD all and singular the said property hereby conveyed and · <br />assigned, or agreed or intended so to be, to the Trustee, its successor or successors in trust and its <br />and the/r assigns, FOREVER. " <br /> <br /> IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the equal <br />and proportionate benefit, security and protection of all Holders of the Bonds issued or to be. <br /> <br />1763903vl <br /> <br /> <br />
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