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1990-05-15 Resolution 22
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1990-05-15 Resolution 22
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7/17/2008 1:22:55 PM
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7/17/2008 1:22:41 PM
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covenants and agreements contained in said Bonds and in this <br />Agreement., and in performance of the authority of every kind and <br />• nature which said Authority has or may have, has executed and <br />delivered this Agreement and has pledged and assigned and by these <br />presents does hereby pledge and assign unto First Interstate Bank <br />of Northern Indiana, N.A., as Trustee and to its successors in said <br />trust and to its assigns, the Lease (as hereinafter defined) and <br />the Pledged Funds (as hereinafter 'defined) subject to the <br />provisions of this Agreement requiring or permitting the <br />application thereof for the purposes and on the terms set forth in <br />this Agreement. <br />The pledge herein made is and shall be subject to the <br />provisions of this Agreement for the equal and proportionate <br />benefit, security and protection of all holders of the Bonds issued <br />or to be issued under and secured by this Agreement, without <br />preference, priority or distinction as to .lien or otherwise by <br />reason of the date of maturity thereof, or for any other reason <br />whatsoever, subject to the provisions of this Agreement. <br />PROVIDED,- HOWEVER, that if the Authority, its successors or <br />its assigns, shall well and truly pay, or cause to be paid, the <br />principal of-the Bonds and the premium, if any, and the interest <br />due or to become due thereon, at the times and in the manner as set <br />forth in said Bonds in accordance with the terms hereof, and shall <br />well and truly keep, perform and observe all covenants and <br />conditions pursuant to the terms of this Agreement to be kept, <br />• performed and observed by the Authority, and shall pay to the <br />Trustee all sums of money due, or to become due to it, in <br />accordance with the terms and provisions hereof, then this <br />Agreement and the rights hereby granted shall cease, determine and <br />be void, but otherwise, this Agreement shall remain in full force <br />and effect. <br />All Bonds issued and secured hereunder are to be issued, <br />authenticated and delivered, and all property hereby pledged is to <br />be dealt with and disposed of under, upon and subject to the terms, <br />conditions, stipulations, covenants, agreements, trusts, uses and <br />purposes as hereinafter expressed; and the Authority has agreed and <br />covenanted, and does hereby agree and covenant, with the Trustee <br />and with the respective owners, from time to time, of the said <br />Bonds or any part thereof, as follows: <br />ARTICLE I. <br />Definitions <br />Sec. 1.01. The terms defined in this Article I shall, for <br />all purposes of this Agreement, and any agreement supplemental <br />. -2- <br />
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