Regarding Issurance of economic development revenue refunding bonds Regency Place Project

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i TRUST INDENTURE THIS TRUST INDENTURE dated as of November 1, 1992 by and between the CITY OF SOUTH BEND (the "Issuer"), a municipal corporation and a political subdivision of the State of Indiana, and [NAME] (the "Trustee"), a corporation organized and duly existing under the laws of the State of Indiana; WITNESSETH: WHEREAS, the Issuer has, pursuant to Title 36, Article 7, Chapter 12 of the Indiana Code, as amended (the "Act"), and by Ordinance No. adopted by the Board of Trustees of the Issuer on [DATE], created as a department of the Issuer, the South Bend Economic Development Commission (the "Commission"); and WHEREAS, pursuant to the Act the Commission has heretofore authorized and approved the financing of the costs of a project, consisting of the acquisition and improvement of certain premises in the Issuer and construction thereon and equipment of a nursing home containing 52 skilled care beds and 92 intermediate care beds (the "Project"), owned by Health Quest Realty V, an Indiana general partnership (the "Developer"); and WHEREAS, the Project was financed with the proceeds of$4,340,000 principal amount of City of South Bend Health Care Facilities Revenue Bonds Fountainview Place of South Bend Issue (FHA Insured Project), Series A (the "1982 Bonds") issued by the Issuer on November 1, 1982 pursuant to the Act; and WHEREAS, the Issuer loaned (the "1982 Loan") the proceeds of the 1982 Bonds to the Developer pursuant to a Loan Agreement dated as of November 1, 1982 (the "1982 Financing Agreement") between the Issuer and the Developer, pursuant to which the Developer agreed to make payments to provide sufficient funds to pay the principal of and interest on the 1982 Bonds; and WHEREAS, the 1982 Loan is evidenced by the Developer's note (the "Note") (FHA Form No. ) in the aggregate principal amount of$3,853,800, and a Mortgage securing the Note (FHA Form No. ) constituting a first lien on the Project (the "Mortgage"); and WHEREAS, pursuant to a commitment dated [DATE](the "Commitment for Mortgage Insurance") issued to Blyth Eastman Paine Webber Health Care Funding, Inc. (the "Mortgage Banker") and a Regulatory Agreement (FHA Form No. ) with the Developer (the "Regulatory Agreement"), the United States Secretary of Housing and Urban Development, acting through the Federal Housing Commissioner ("FHA"), insured the advances of funds secured by the Mortgage, and the Note was initially endorsed for insurance by FHA pursuant to Section 232 of the National Housing Act, as amended, and the regulations thereunder; and 3152.1