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0 <br />• <br />• <br />TRUST AGREEMENT <br />THIS AGREEMENT (the "Agreement ") , executed and dated as of the <br />1st day of May, 1994, made and entered into between SOUTH BEND <br />REDEVELOPMENT AUTHORITY, a public body corporate and politic, <br />organized and existing under Indiana Code 36 -7 -14.5, as amended <br />(hereinafter called the "Authority ") , and NORWEST BANK INDIANA, <br />N.A., having its principal office in the City of South Bend, <br />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 the <br />provisions of Indiana Code 36 -7 -14.5 (hereinafter referred to as <br />the "Act "), for the purpose of financing local public improvements <br />for lease to the South Bend Redevelopment Commission (hereinafter <br />referred to as the "Commission "); and <br />WHEREAS, the Authority has determined to borrow the sum of <br />and 00/100 Dollars <br />($ .00) for the purpose of procuring funds to pay the cost <br />of the Project (as hereinafter defined) and to execute and issue <br />its Lease Rental Revenue Bonds in the form and terms as hereinafter <br />provided; and <br />WHEREAS, the Authority intends to lease said Project to the <br />Commission pursuant to a lease dated as of November 1, 1994; and <br />WHEREAS, in order to secure the principal of and premium, if <br />any, and interest on all of said Bonds and the performance of the <br />covenants herein contained, the Authority has in like manner <br />determined to execute and deliver this Agreement; and <br />. WHEREAS, all acts, proceedings and things necessary and <br />required by law to make said Bonds, when executed by the Authority <br />and authenticated by the Trustee, the valid, binding and legal <br />obligations of the Authority and to constitute and make this <br />Agreement a valid agreement to secure the payment of the principal <br />of and premium, if any, and interest on the Bonds, have been done, <br />taken and performed, and the issuance, execution and delivery of <br />said Bonds, and the execution, acknowledgment and delivery of this <br />Agreement have, in all respects, been duly authorized by the <br />Authority in the manner provided and required by law; now <br />therefore, <br />-1- <br />