8448-93 Authorizing City of South Bend Economic Development Revenue Refunding Bonds (First Bank Center Project) $8,030,384.77

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ARTICLE IV GENERAL COVENANTS Section 401. Payment of Principal and Interest. The Issuer covenants that it will promptly pay the principal of, premium, if any, and interest on every Bond issued under this Indenture at the place, on the dates and in the manner provided herein and in said Bonds according to the true intent and meaning thereof. The principal, interest and premium, if any, are payable solely from the Revenues, which Revenues are hereby specifically pledged to the payment thereof in the manner and to the extent herein specified, and nothing in the Bonds or in this Indenture should be considered as pledging any other funds or assets of the Issuer other than those assigned and pledged hereby. Neither the Issuer nor the State of Indiana nor any political subdivision thereof shall in any event be liable for the payment of the principal of, premium, if any, or interest on any of the Bonds or for the performance of any pledge, obligation or agreement undertaken by the Issuer. Section 402. Performance of Covenants; Issuer. The Issuer covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Indenture, in any and every Bond executed, authenticated and delivered hereunder and in all proceedings pertaining thereto. The Issuer covenants that it is duly authorized under the Constitution and laws of the State of Indiana, including particularly and without limitation the Act, to issue the Bonds authorized hereby and to execute this Indenture, to enter into and perform its obligations under the Loan Agreement and to pledge the Revenues herein described and hereby pledged in the manner and to the extent herein set forth; that all action on its part for the issuance of the Bonds and the execution and delivery of this Indenture has been duly and effectively taken, and that the Bonds in the hands of the holders thereof are and will be valid and enforceable obligations of the Issuer according to the import thereof. Section 403. Enforcement of Loan Agreement and Note. The Issuer hereby authorizes the Trustee to enforce the payment of all amounts payable under the Loan Agreement and the Note and to require the Borrower to perform its obligations thereunder, whether or not the Issuer is in default hereunder. Section 404. Filing of Financing Statements. The Issuer shall cause financing statements and all supplements thereto and other instruments as may be required from time to time to be kept filed in such manner and in such places as may be required by law in order fully to preserve and protect the security of the owners of the Bonds and the rights of the Trustee hereunder and to perfect the lien of, and the security interest created by, the Indenture. The Trustee shall be responsible for enforcing the provisions of this Section 404. Section 405. Inspection of Project Books. The Issuer covenants and agrees that all books and documents in its possession relating to the Project and the Revenues shall at all times be open to inspection by such accountants or other agents as the Trustee may from time to time designate. -21-