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Section 4.4. The Trustee is hereby directed to deposit the TIF Revenues into the Bond Fund in the
<br /> manner prescribed in this Section 4.2 and in Section 4.4.
<br /> (3) Moneys in the Bond Fund shall be used by the Trustee to pay interest, premium, if
<br /> any, and principal on the Bonds, together with any Annual Fees, as the same comes due. The
<br /> Trustee shall transmit such funds to the Paying Agent for any series of Bonds in sufficient time to
<br /> insure that such principal and interest will be paid as it becomes due.
<br /> Section 4.3. Project Fund. The Trustee shall establish and maintain a separate
<br /> fund to be known as the"City of South Bend,Indiana-2025 J.C.Hart Development Project Fund"
<br /> (the"Project Fund"). The Issuer shall maintain the Project Fund in the custody of the Trustee,to
<br /> the credit of which deposits are to be made as required by the provisions of Section 3.1 hereof.
<br /> (a) Moneys held in the Project Fund representing proceeds of the sale of the Bonds
<br /> shall be disbursed by the Trustee in accordance with the provisions of this Section 4.3 to pay the
<br /> costs of the Project, including the issuance costs of the Bonds. Subject to the provisions below
<br /> and to any applicable representations, warranties and covenants contained in the Indenture or the
<br /> Loan Agreement, disbursements from the Project Fund shall be made only to pay(or to reimburse
<br /> the Company for payment of) costs of the Project, as the case may be, as follows:
<br /> (1) Costs incurred directly or indirectly for or in connection with the
<br /> acquisition,construction, expansion, equipping, installation or improvement of the
<br /> Project, as the case may be, including: costs incurred with respect to preliminary
<br /> planning and studies; architectural, legal, engineering, accounting, consulting,
<br /> supervisory and other services; labor, services and materials; and recording of
<br /> documents and title work;
<br /> (2) Costs incurred directly or indirectly in seeking to enforce any
<br /> remedy against any contractor or subcontractor in respect of any actual or claimed
<br /> default under any contract relating to the Project, as the case may be;
<br /> (3) Financial, legal, accounting, charges and expenses, and all other
<br /> fees, charges and expenses incurred in connection with the authorization, sale,
<br /> issuance and delivery of the Bonds, including, without limitation, the fees and
<br /> expenses of the Issuer, Issuer's Counsel, Bond Counsel, Company's Counsel,
<br /> Financial Advisor to the Issuer, and the Trustee(the"Costs of Issuance"); and
<br /> (4) Any other incidental and necessary costs,expenses,fees and charges
<br /> relating to the acquisition, construction, expansion, equipping, installation or
<br /> improvement of the Project, as the case may be.
<br /> Promptly after the proceeds from the sale of the Bonds and other funds of the Issuer
<br /> are deposited into the Project Fund in accordance with Article III hereof,the Trustee shall
<br /> pay the Costs of Issuance set forth in Exhibit B from such funds.
<br /> Any further disbursements from the Project Fund described above to pay such fees,
<br /> costs or expenses or to reimburse the Company for the payment of such fees, costs or
<br /> expenses, other than Costs of Issuance, shall be made by the Trustee only upon the written
<br /> order of an Authorized Representative of the Company and acknowledged by the Issuer
<br /> and the purchaser of the Bonds. Each such written order shall be in the form of the
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