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

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Section 506. Nonpresentment of Bonds. In the event any Bond held by a holder which is not an Institutional Holder shall not be presented for payment when the principal thereof becomes due, either at maturity or otherwise, or at the date fixed for prepayment thereof, if funds sufficient to pay such Bonds shall have been made available to the Trustee for the benefit of the holder or holders thereof, all liability of the Issuer to the holder thereof for the payment of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Trustee to hold such funds, without liability for interest thereon, for the benefit of the holder of such Bond, who shall thereafter be restricted exclusively to such funds, for any claim of whatever nature on his part under this Indenture or on, or with respect to, said Bond. Section 507. Trustee's Fees, Charges and Expenses. Pursuant to the provisions of the Loan Agreement the Borrower has agreed to pay to the Trustee: (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered as Trustee, and its Ordinary Expenses incurred under this Indenture, as and when the same become due, (ii) the reasonable fees, charges and expenses of the Trustee, as Bond Registrar and paying agent, as and when the same become due, and (iii) the reasonable fees, charges and expenses of the Trustee for the necessary Extraordinary Services and Extraordinary Expenses of the Trustee under this Indenture, as and when the same become due. Section 508. Moneys to Be Held in Trust. All moneys required to be deposited with or paid to the Trustee for account of the Bond Fund under any provision of this Indenture shall be held by the Trustee in trust, and except for moneys deposited with or paid to the Trustee for the prepayment of Bonds, notice of the prepayment of which has been duly given, shall, while held by the Trustee, constitute part of the trust estate and be subject to the lien hereof. Section 509. Repayment to the Borrower from the Bond Fund. Any amounts remaining in the Bond Fund, after (i) payment in full of the principal of, premium, if any, and interest on the Bonds and the Taxable Note, and (ii) payment in full of all of the liabilities of the Issuer hereunder and of the liabilities of the Borrower under the Note, the Taxable Note, the Loan Agreement and the Mortgage and any other agreement or document executed by the Borrower in connection therewith, shall be paid to the Borrower. Section 510. Bond Proceeds Fund; Disbursements. There is hereby created and established with the Trustee a trust fund in the name of the Issuer to be designated "City of South Bend, Indiana, Economic Development Revenue Refunding Bonds (First Bank Center Project) Bond Proceeds Fund ". Moneys in the Bond Proceeds Fund shall be expended in accordance with the provisions of the Escrow Agreement. The Trustee is hereby authorized and directed to issue its checks for each disbursement required by the aforesaid Escrow Agreement. -24-