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INDENTURE OF TRUST <br />THIS INDENTURE entered into at St. Joseph County, Indiana, this <br />day of , 1973, between the CITY OF SOUTH BEND, INDIANA, <br />a municipal corporation organized under the laws of the State of Indiana, <br />hereinafter referred to as "City ", the SOUTH BEND DEVELOPMENT COMMISSION, <br />a statutory commission acting for and in behalf of.the City of South Bend, <br />Indiana, hereinafter referred to as "Commission ", Ridgedale Nursing Home, <br />hereinafter referred to as "Lessee ", and the St. Joseph Bank and Trust Company, <br />a financial institution with principal offices located in South Bend, Indiana, <br />hereinafter referred to as "Trustee ". <br />W I T N E S S E T H: <br />WHEREAS, The City has full power and is duly authorized by law <br />to issue and sell its obligations for the statutory purposes of the economic <br />development of the City of South Bend, Indiana; and <br />WHEREAS, The City of South Bend, Indiana, is the owner of certain <br />Real Property described in "Exhibit A" attached hereto and made a part hereof, <br />and the Commission will construct or renovate on such Real Property and lease <br />an addition to the nursing home facility; and <br />WHEREAS, The City and the Commission are authorized by law and <br />deem it necessary to borrow money for the purpose of constructing or renovating <br />such facility, and to that end the City is duly authorized and has been empowered <br />by the Common Council of the City to issue its bonds to be issued in one <br />form of bond or a series of bonds; and <br />WHEREAS, The Lessee and the City and the Commission have deemed <br />it necessary and advisable to pledge and mortgage the Real Property, to pledge <br />and mortgage the facilities to be constructed or renovated thereon, to pledge <br />and mortgage the equipment, furnishings, and fixtures of the facilities, <br />and to pledge and mortgage the Lessee's leasehold estate to secure the Bond <br />issued hereunder; and <br />WHEREAS, The City and the Commission have determined to have issued <br />an Economic Development Revenue Bond in a sum not to exceed Six hundred thousand <br />