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1988-07-08 Resolution 10
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1988-07-08 Resolution 10
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7/17/2008 1:02:40 PM
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Authority upon demand and shall constitute an additional indebtedness of the Authority <br />secured by the lien of the Trust Agreement, prior and paramount to the lien of the <br />Bonds and interest thereon. However, the Trustee is not .obligated to procure such <br />insurance unless fully indemnified against this expense and furnished with the means to <br />incur such expenses. Per the Lease Agreement, the Commission is obligated to carry <br />sufficient insurance to meet all the aforementioned requirements. <br />The Authority covenants further that it will bring suit to mandate the Commission to <br />levy a tax to pay the rental provided in the Lease Agreement if such rental is more than <br />60 days i n default. <br />The Authority covenants to keep proper books of record and account which will be open <br />to the Trustee and may be inspected by any accountants designated by the Trustee. <br />The Trust Agreement further elaborates upon the covenants, requirements, and <br />provisions summarized in this section of the Official Statement. The Trust Agreement <br />contains additional covenants requirements, and provisions regarding the following: <br />Maturities, Form, Issuance, Delivery and Registration of Bonds <br />Redemption of Bonds <br />Remedies in Case of Default <br />Defeasance, Payment, Release <br />Concerning the Trustee <br />Supplemental Agreements <br />Miscellaneous Provisions <br />Excerpts from the Trust Agreement are found in Appendix D of this Official Statement. <br />Persons interested in obtaining the full Trust Agreement may request a copy from: <br />Parker & Jaicomo <br />Attn: Richard L. Hill, Esq. <br />First Bank Building <br />205 West Jefferson <br />South Bend, Indiana 46601 <br />(219) 234-4149 <br />Funds and Accounts Per the Trust Agreement <br />The Trust Agreement establishes the following funds and accounts. (This information is <br />presented in summary form. For greater detail, please refer to Appendix D.) <br />South Bend Redevelopment Authority Stadium Facility Sinking Fund. The Trustee shall <br />deposit into the Sinking from each rental payment received an amount equal to the <br />lesser of i) all of such rental payment received; or ii) an amount when added to the <br />amount in the Sinking Fund equal to the sum of the unpaid interest on the Bonds due on, <br />before, or within 30 days after the rental payment becomes due, and the unpaid <br />principal on the Bonds due within 7 months from the date the rental payment becomes <br />due. Any portion of a rental payment remaining after such deposit, shall be deposited <br />in the Operation and Reserve Fund. The Trustee shall, from time to time, withdraw <br />sufficient money from the Sinking Fund or other Funds to pay principal and interest on <br />the Bonds when due. <br />South Bend Redevelopment Authority Parking Garage Facility Operation and Reserve <br />Fund. This fund is establ-shed to pay necessary -nc-dental expenses of the Authority <br />Ze.g. audits, appraisals, and reports); to pay premiums, if any; and to contribute money <br />to the Sinking Fund if it should ever be deficient. <br />-4 _ <br />
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