Authorizing $1,550.000 Economic Development Technologies Corp Project

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if any, and interest on the Bond and the charges and expenses of the Bank shall be paid to the Company, as provided herein and in Section 9.5 of the Agreement. ASSIGNMENT AND MORTGAGE Section 8. As security for the due and punctual payment of the principal installments of, premium, if any, and interest on the Bond hereby authorized, the Issuer hereby assigns and pledges to the Bank all of its right, title and interest in and to, including without limitation its rights to all revenues and income derived by the Issuer pursuant to, the Agreement, the Note and the Mortgage (except any payment made pursuant to Section 4.2(b) of the Agreement, relating to the obligation of the Company to pay reasonable and necessary expenses of the Issuer, Section 5.3 of the Agreement, relating to indemnification of the Issuer by the Company, and Section 6.3 of the Agreement, relating to the obligation of the Company to pay attorneys' fees and expenses incurred by the Issuer upon a default thereunder) and all rights and remedies of the Issuer under the Agreement, the Note and the Mortgage to enforce payment thereof, and as evidence of such assignment, pledge and security interest. INVESTMENTS; ARBITRAGE Section 9. Any moneys held as part of the Construc- tion Fund created pursuant to Section 5 hereof may be invested or reinvested on the direction of the Authorized Company Repre- sentative, in accordance with the provisions of Section 3.5 of the Agreement. Any such investment shall be held by or under control of the Bank, as depositary, and shall be deemed at all times a part of the Construction Fund for which the investment was made, and the interest accruing thereon and any profit realized from such investments shall be credited to the Con- struction Fund, and any loss resulting from such investments shall be charged to such Construction Fund, which loss shall be an obligation of the Company as provided in the Agreement. As and when any amount invested pursuant to this Section 9 may be needed for disbursement, the Authorized Company Representative may direct the Bank to cause a sufficient amount of the investments to be sold and reduced to cash to the credit of such funds regardless of the loss on such liquidation. With respect to Section 103 of the Code, the Company has made certain covenants with the Issuer in Section 3.6 of the Agreement, and the Company will make certain certifications and representations with respect to Section 103 of the Code on the -25-