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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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pledge and assign the Note, and assign the Loan Documents in the manner and to the extent herein set <br /> forth; that all action on its part for the issuance of the Bonds and the execution and delivery of this <br /> Agreement has been duly and effectively taken,and that the Bonds in the hands of the holders and owners <br /> thereof are and will be valid and enforceable obligations of the Issuer according to the import thereof, <br /> subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws,judicial decisions <br /> and principles of equity relating to or affecting creditors' rights generally and subject to the valid exercise <br /> of the constitutional powers of the Issuer,the State of Indiana and the United States of America. <br /> Section 6.3 Ownership; Instruments of Further Assurance. The Issuer represents that at the <br /> time of the pledge and assignment thereof it will lawfully own the Note and that such pledge and <br /> assignment and the assignment of the Loan Documents to MBI hereby made will be valid and lawful. The <br /> Issuer covenants that it will defend the title to the Note and its interest in the Loan Documents to MBI, for <br /> its benefit as the holders and owners of the Bonds, against the claims and demands of all persons <br /> whomsoever. The Issuer covenants that it will do, execute, acknowledge and deliver or cause to be done, <br /> executed, acknowledged and delivered such supplemental agreements and such further acts, instruments <br /> and transfers as MBI may reasonably require for the better assuring, transferring, mortgaging, conveying, <br /> pledging, assigning and confirming unto MBI the Note, the Loan Documents and all payments thereon <br /> and thereunder pledged hereby to the payment of the principal of and premium, if any, and interest on the <br /> Bonds. <br /> Section 6.4 Filing of Loan Documents and Security Instruments. The Issuer, at the sole <br /> expense of the Borrower, shall cause the Loan Documents and all supplements thereto as well as such <br /> other security instruments, financing statements and all supplements thereto and other instruments as may <br /> be required from time to time to be filed in such manner and in such places as may be required by law in <br /> order to fully preserve and protect the lien hereof and the security of the holders and owners of the Bonds <br /> and the rights of MBI hereunder. This Section shall impose no duty to record or file the instruments noted <br /> above where filing or recordation is not required by law in order to perfect a security interest. <br /> Continuation of financing statements may be filed without consent of the debtor party thereto. <br /> Section 6.5 Inspection of Books. The Issuer covenants and agrees that all books and <br /> documents in its possession relating to the Project and the revenues derived from the Project shall at all <br /> times me open to inspection by such accountants or other agents as MBI may from time to time designate. <br /> Section 6.6 List of Bondholders. MBI will keep on file at its principal office a list of names <br /> and addresses of the holders of all Bonds. At reasonable times and under reasonable regulations <br /> established by MBI, said list may be inspected and copied by the Borrower or by holders and/or owners <br /> (or a designated representative thereof) of 25% or more in principal amount of Bonds then outstanding, <br /> such ownership and the authority of any such designated representative to be evidenced to the satisfaction <br /> of MBI. <br /> Section 6.7 Rights Under Loan Documents. The Issuer agrees that MBI in its name or in the <br /> name of the Issuer may enforce all rights of the Issuer and all obligations of the Borrower under and <br /> pursuant to the Loan Documents for and on behalf of the Bondholders, whether or not the Issuer is in <br /> default hereunder. <br /> Section 6.8 Investment of Funds. Moneys in the Funds established under this Agreement <br /> may be invested in Qualified Investments. MBI shall not be liable or responsible for any loss resulting <br /> from any such investment. The interest accruing thereon and any profit realized from such investments <br /> shall be credited, and any loss resulting from such investments shall be charged, to the fund in which the <br /> money was deposited. At no time shall the Borrower direct that any funds constituting gross proceeds of <br /> the Bonds be used in any manner as would constitute failure of compliance with Section 148 of the Code. <br /> Page 24 <br />
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