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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• valuable considerations, the receipt of which is hereby acknowledged, and in order to secure the <br /> payment of the principal of and interest on the Bonds according to their tenor and effect and to <br /> secure the performance and observance by the Issuer of all the covenants expressed or implied herein <br /> and in the Bonds, subject to all of the provisions hereof, does hereby grant, bargain, sell, convey, <br /> mortgage, assign and pledge unto the Trustee, and unto its successor or successors in trust, and to <br /> them and their assigns forever, for the securing of the performance of the obligations of the Issuer <br /> hereinafter set forth: <br /> 1. <br /> All the rights and interest of the Issuer in and to the Premises (as hereinafter defined). <br /> 2. <br /> All the rights and interest of the Issuer in and to the Lease Agreement(except for the rights <br /> of the Issuer under Sections 5.3(c), 6.2, 6.5 and 8.5 thereof and any rights of the Issuer to receive <br /> notices,certificates,or other communications thereunder);and all Revenues(as hereinafter defined) <br /> and the proceeds of all thereof. <br /> 3. <br /> All the rights and interest of the Issuer in and to the Construction Fund and the Bond Fund <br /> (as hereinafter defined),and all moneys and investments therein,but subject to the provisions of this <br /> Trust Indenture pertaining thereto. <br /> 4. <br /> All moneys,securities and obligations from time to time held by the Trustee under the terms <br /> of this Trust Indenture (except for moneys, securities or obligations deposited with or paid to the <br /> Trustee for redemption or payment of Bonds which are deemed to have been paid in accordance with <br /> Article IX hereof and funds held pursuant to Section 505 hereof,which shall be held by the Trustee <br /> in accordance with the provisions of said Article IX or Section 505,as the case may be),and any and <br /> all real and personal property of every name and nature from time to time hereafter by delivery or <br /> by writing of any kind conveyed,mortgaged,pledged,assigned or transferred, as and for additional <br /> security hereunder by the Issuer or by anyone in its behalf or with its written consent to the Trustee <br /> which is hereby authorized to receive any and all such property at any and all times and to hold and <br /> apply the same subject to the terms hereof. <br /> TO HAVE AND TO HOLD all the same with all privileges and appurtenances hereby <br /> conveyed and assigned,or agreed or intended so to be,to the Trustee and its successors in said trusts <br /> and to them and their assigns forever; <br /> • <br /> 2 <br />
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