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~ S. 1
<br />TRUST AGREEMENT
<br />THIS AGREEMENT (the "Agreement"), executed and dated as
<br />of the ist day of June, 1988, made and entered into between SOUTH
<br />BEND REDEVELOPMENT AUTHORITY, a public body corporate and
<br />politic, organized and existing under Indiana Code 36-7-14.5, as
<br />amended (hereinafter called the "Authority"), and First
<br />Interstate Bank of Northern Indiana, N.A., a national banking
<br />association having its principal office in the City of South
<br />Bend, Indiana (hereinafter called the "Trustee"),
<br />W I T N E S S E T H:
<br />WHEREAS, the Authority was created under and pursuant to
<br />the provisions of Indiana Code 36-7-14.5 (hereinafter referred to
<br />as the "Act"), for the purpose of financing local public
<br />improvements for lease to the South Bend Redevelopment Commission
<br />(hereinafter referred to as the "Commission"); and
<br />WHEREAS, the Authority has determined to borrow the sum
<br />of Four Million Five Hundred Seventy-five Thousand Dollars
<br />($4,575,000) for the purpose of procuring funds to pay the cost
<br />of acquiring a site suitable for a parking garage facility and
<br />the erection and equipping of a parking garage facility thereon,
<br />and to execute and issue its Lease Rental Revenue Bonds in the
<br />form and terms as hereinafter provided; and
<br />WHEREAS, the Authority .intends to lease said parking
<br />garage facility, including the site thereof, to the .Commission
<br />• pursuant to a lease dated as of June 1, 1988; and
<br />WHEREAS, in order to secure the principal of and
<br />premium, if any, and interest on all of said Bonds and the
<br />performance of the covenants herein contained, the Authority has
<br />in like manner determined to execute and deliver this Agreement;
<br />and
<br />WHEREAS, alb. acts, proceedings and things necessary and
<br />required by law to make said. Bonds, when executed by the
<br />Authority and authenticated by the Trustee, the valid, binding
<br />and legal obligations of the Authority and to constitute and make
<br />this Agreement a valid agreement to secure the payment of the
<br />principal of and premium, if any, and interest on the Bonds, have
<br />been done, taken and performed, and the issuance, execution and
<br />delivery of said Bonds, and the execution, acknowledgment and
<br />delivery of this Agreement have, in all respects, been duly
<br />authorized by the Authority in the manner provided and required
<br />by law; now therefore,
<br />SOUTH BEND REDEVELOPMENT AUTHORITY, in consideration of
<br />the premises and the acceptance of such Bonds by the holders
<br />thereof, and the sum of One Dollar ($1) in hand paid by the
<br />Trustee, receipt of which is hereby acknowledged, and especially
<br />in order to secure the punctual payment of the principal of,
<br />• premium, if any, and interest on the Bonds to be issued and at
<br />_ any time outstanding hereunder as the same shall become due,
<br />
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