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and apart from all other funds of the District and the Commission and may be invested in <br /> accordance with applicable provisions of Indiana law. <br /> SECTION 9. Reduction of Special Tax Levy and Pledge of Certain Other Revenues. <br /> The amount of the levy under Ind. Code § 36-7-14-27 each year of the Special Tax applicable to <br /> making payments on the 2014 Bonds as set forth in the budget of the Commission formulated <br /> pursuant to Ind. Code § 36-7-14-28 shall be reduced, as provided in Ind. Code § 36-7-14-27, by <br /> revenues of or available to the Commission to the extent such revenues have been set aside and <br /> designated by the Commission for such purpose in the account of the Bond Fund hereby created <br /> and designated as the "Revenues Account." The Commission hereby covenants to levy the <br /> Special Tax each year payments are due with respect to the 2014 Bonds to the extent the <br /> revenues of or available to the Commission, and set aside and designated by the Commission as <br /> described herein, are not sufficient to timely pay the principal of and interest on the 2014 Bonds. <br /> The amounts available and so designated in the Revenues Account of the Bond Fund <br /> shall be determined at the time the budget and tax levy for a given year is finally fixed, and such <br /> amounts shall be used for no purpose except as contemplated above and are hereby pledged by <br /> the Commission to the payment of the 2014 Bonds, such pledge being effective as set forth in <br /> Ind. Code § 5-1-14-4 without the necessity of filing or recording this resolution or any other <br /> instrument except in the records of the Commission. <br /> SECTION 10. Defeasance. If, when the 2014 Bonds or any portion thereof shall have <br /> become due and payable in accordance with their terms or shall have been duly called for <br /> redemption or irrevocable instructions to call the 2014 Bonds or any portion thereof for <br /> redemption have been given, and the whole amount of the principal, premium, if any, and the <br /> interest so due and payable upon such bonds or any portion thereof then outstanding shall be <br /> paid, or (i) cash, or (ii) direct non-callable obligations of or unconditionally guaranteed by <br /> (including obligations issued or held in book entry form on the books of) the U.S. Department of <br /> the Treasury, and to the extent permitted by Indiana law and by each rating agency maintaining a <br /> rating on the 2014 Bonds, Refcorp interest strips, CATS, TIGRS, STRPS, defeased municipal <br /> bonds or other investments rated in the highest category for such obligations by Standard & <br /> Poor's Corporation or Moody's Investors Service (or any combination thereof), the principal of <br /> and the interest on which when due without reinvestment will provide sufficient money, or (iii) <br /> any combination of the foregoing, shall be held irrevocably in trust for such purpose, and <br /> provision shall also be made for paying all fees and exes for the payment, then and in that case <br /> the 2014 Bonds or such designated portion thereof shall no longer be deemed outstanding or <br /> secured by this resolution. <br /> SECTION 11. Amendments. Subject to the terms and provisions contained in this <br /> section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) <br /> in aggregate principal amount of the 2014 Bonds then outstanding shall have the right, from time <br /> to time, to consent to and approve the adoption by the Commission of such resolution or <br /> resolutions supplemental hereto as shall be deemed necessary or desirable by the Commission <br /> for the purpose of amending in any particular any of the terms or provisions contained in this <br /> resolution, or in any supplemental resolution; provided, however, that nothing herein contained <br /> shall permit or be construed as permitting: <br /> 15 <br />