60-18 Bond Financing for the Community Center Project

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TRUST INDENTURE THIS TRUST INDENTURE dated as of 1, 20_, by and between the CITY OF SOUTH BEND, INDIANA (the "Issuer" or "City"), a municipal Public Library organized and existing under the laws of the State of Indiana, and , a banking association duly organized and authorized to accept and execute trusts of the character herein, having a corporate trust office in the City of Indianapolis, Indiana, as trustee (the "Trustee"); WITNESSETH: WHEREAS, IC 36-7-11.9 and 12, as supplemented and amended, authorize and empower the Issuer to issue revenue bonds and to use the proceeds therefrom for the purpose of financing economic development facilities and vests such Issuer with powers that may be necessary to enable it to accomplish such purposes; and WHEREAS, pursuant to this Indenture and the Financing Agreement dated as of 1,20_(the "Financing Agreement"), by and between the Issuer and the St. Joseph County Public Library, St. Joseph County, Indiana (the "Public Library"), and in accordance with the Act, the Issuer intends to issue its City of South Bend, Indiana, Economic Development Tax Increment Revenue Bonds, Series 20_ (Community Education Center Project) in the aggregate principal amount of $ (the "Series 20_ Bonds"), for the purpose of providing funds to (a) finance the costs of the Project (defined herein), (b) fund the Debt Service Reserve Fund (defined herein) and (c) pay Costs of Issuance (defined herein) related to the Series 20 Bonds; and WHEREAS, the execution and delivery of this Indenture and the issuance of revenue bonds under the Act as herein provided have been in all respects duly and validly authorized by proceedings duly passed on and approved by the Issuer; and WHEREAS, after giving notice in accordance with the Act and IC 5-3-1-4, the South Bend Economic Development Commission (the "Economic Development Commission") held a public hearing on behalf of the Issuer, and, upon finding that the Project and the proposed financing of a portion of the costs thereof(i) will create or retain employment opportunities in and near the City; (ii) will benefit the health and general welfare of the citizens of the City and the State of Indiana; and (iii) will comply with the purposes and provisions of the Act, adopted a resolution approving the proposed financing; and WHEREAS, the Act provides that the Series 20_ Bonds may be secured by a trust indenture between the Issuer and a corporate trustee; and WHEREAS, pursuant to this Indenture, the Series 20 Bonds shall be payable solely from payments derived from Pledged Revenues (defined herein) and proceeds from the Series 20 Bonds; and WHEREAS, the execution and delivery of this Trust Indenture, and the issuance of the Series 20 Bonds hereunder, have been in all respects duly and validly authorized by an ordinance duly passed and approved by the Common Council of the Issuer; and