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TRUST AGREEMENT • THIS AGREEMENT (the "A reement" exec g ), uted and dated as of the lst day of November, 1989,_ made and entered into between SOUTH BEND REDEVELOPMENT AUTHORITY, a public body corporate and politic, organized and existing under Indiana Code 36-7-14.5, as amended (hereinafter called the "Authority"), and FIRST INTERSTATE BANK OF NORTHERN INDIANA, N.A., a national banking association having its principal office in the City of South Bend, Indiana (hereinafter called the "Trustee"), W I T N E S S E T H: WHEREAS, the Authority was created under and pursuant to provisions of Indi C the ana ode 36-7-14.5 (hereinafter referred to as "Act") for th the , e purpose of financing local public improvements for lease to the South Bend Redevelopment Commission (hereinafter referred to as the "Commission"); and WHEREAS, the Authority has determined to borrow the sum of Million Ei ht Hu d d i Four g n re N nety-Five Thousand Dollars ($4,895,000) the - for purpose of procuring funds to pay the cost of the Project hereinafter defined) a d t (as n o execute and issue its Lease Rental Revenue Bonds in the form and terms as hereinafter provided; and WHEREAS, .the Authority intends to lease.. said Project to Commissi the on pursuant to a lease dated as of November 1, 1989; and • WHEREAS in order to secure the principal of and premium, if and inter t any, es on all of .said Bonds and the performance of the covenants herein contained, the Authority has in lik e ma determined to execute and deliver this Agreement; and nner WHEREAS, all acts, proceedings and things necessary and required by law to make said Bonds, when executed by the Authority and authenticated by the Trustee, the valid, binding and legal obligations of the Authority and to constitute and make this Agreement a valid agreement to secure the payment of the principal of and premium, if any, and interest on the Bonds, have been done, taken and performed, and the issuance, execution and delivery of said Bonds, and the. execution, acknowledgment and delivery of this Agreement have, in all respects, been .duly authorized by the Authority in the manner provided and required by law; now therefore, SOUTH BEND premises and th REDEVELOPMENT AUTHORITY, in consideration of the the sum e of One acceptance of such Bonds by the holders thereof, Dollar ($1) in hand paid b th T and which is hereby y e rustee, receipt acknowledged, and especially in order to secure of the punctual on the B payment onds to of the principal of, premium, if any, and interest b i e ssued and at any time outstanding hereunder as IV-3