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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• ARTICLE IX <br /> DISCHARGE OF LIEN <br /> Section 901. Discharge of Lien. If the Issuer shall pay or cause to be paid to the holders <br /> and owners of the Bonds the principal and interest to become due thereon at the times and in the <br /> manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the <br /> covenants and promises in the Bonds and in this Indenture expressed as to be kept,performed and <br /> observed by it on its part, then these presents and the estate and rights hereby granted shall cease, <br /> determine and be void. Thereupon the Trustee shall cancel and discharge the lien of this Indenture, <br /> and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the <br /> lien hereof, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the <br /> Issuer any property at the time subject to the lien of this Indenture which may then be in its <br /> possession, except moneys or Government Securities held by it for the payment of the principal of <br /> and interest on the Bonds. <br /> Any Bond shall be deemed to be paid within the meaning of this Article when payment of <br /> the principal of and interest on such Bond, (whether at maturity or upon redemption as provided in <br /> this Indenture, or otherwise), either(i)with respect to any Bond shall have been made or caused to <br /> be made in accordance with the terms thereof, or (ii) with respect to any Bond shall have been <br /> provided for by irrevocably depositing with the Trustee,in trust and irrevocably set aside exclusively <br /> for such payment, (1) moneys sufficient to make such payment or (2) noncallable Government <br /> • Securities, maturing as to principal and interest in such amount and at such times as will provide <br /> sufficient moneys to make such payment and to purchase such Bonds, and all necessary and proper <br /> fees,compensation and expenses of the Trustee pertaining to the Bonds with respect to which such <br /> deposit is made and all other liabilities of the Company under the Lease Agreement shall have been <br /> paid or the payment thereof provided for to the satisfaction of the Trustee. <br /> The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any <br /> Bonds previously authenticated and delivered hereunder,which the Issuer or the Companymay have <br /> acquired in any manner whatsoever,and such Bonds,upon such surrender and cancellation,shall be <br /> deemed to be paid and retired. <br /> 23 <br />
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