08-25 Authorizing the City to Issue One or More Series of its Taxable Economic Development Tax Increment Revenue Bonds and Approving and Authorizing Other Actions in Respec Thereto in Connection With the J. C. Hart Development Project

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ARTICLE IV. REVENUE AND FUNDS Section 4.1. Source of Payment of the Bonds. The Bonds herein authorized and all payments to be made by the Issuer hereunder are not general obligations of the Issuer but are limited obligations payable solely from the Trust Estate(including the TIF Revenues,the Taxpayer Direct Payments and the Loan Payments) pledged and assigned for their payment in accordance with the Indenture. No covenant or agreement contained in the Bonds or this Indenture shall be deemed to be a covenant or agreement of any member, director, officer, agent, attorney or employee of the Issuer in his or her individual capacity, and no member, director, officer, agent, attorney, or employee of the Issuer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. The Redevelopment Commission has pledged the TIF Revenues to the payment of the Bonds. Section 4.2. Bond Fund. (a) The Trustee shall establish and maintain, so long as any of the Bonds are outstanding, a separate fund to be known as the "City of South Bend, Indiana-2025 J.C. Hart Development Project Bond Fund"(the "Bond Fund"). Money in the Bond Fund shall be applied as provided in this Section 4.2. (b) There shall be deposited in the Bond Fund, as and when received, the TIF Revenues,the Taxpayer Direct Payments and, if necessary,the Loan Payments in an amount equal to the payments due on the Bonds on the next February 1 or August 1 plus Trustee fees coming due within the next six(6)months with respect to the Bonds. (c) The Issuer hereby covenants and agrees that so long as any of the Bonds issued hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond Fund, prior to 10:00 a.m., Indianapolis time, on the business day immediately preceding each January 5 and July 5,commencing no later than July 5, 202—, sufficient sums from revenues and receipts derived from the TIF Revenues promptly to meet and pay the amounts required under Section 4.2(b) hereof. In the event of a deficiency of available TIF Revenues to make the next debt service payment, the Trustee shall notify the Company of the amount needed to remedy the deficiency by no later than the next January 10 or July 10, as applicable. Pursuant to the terms of the Taxpayer Agreement,the Company is obligated to make a Taxpayer Direct Payment to remedy the deficiency and the Issuer covenants and agrees to transfer all Taxpayer Direct Payments received to the Trustee. If a deficiency still remains, the Company is obligated under the Loan Agreement to make Loan Payments to the Issuer, and the Issuer covenants and agrees to immediately transfer all Loan Payments received to the Trustee. Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF Revenues, the Taxpayer Direct Payments and, if necessary, the Loan Payments. (2) The Controller of the Issuer shall set aside immediately upon receipt the TIF Revenues into the Allocation Fund and transfer the TIF Revenues to the Trustee as set forth in 18