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88-87 Amend 116-84
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88-87 Amend 116-84
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Last modified
5/14/2013 3:06:53 PM
Creation date
9/8/2003 6:57:10 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
2/1/1988
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rights, duties and obligations of the Issuer, the Trustee and the Holders of <br />the Bonds, and the terms and conditions upon which the Bonds are issued and <br />secured. Each Holder assents, by its acceptance hereof, to all of the <br />provisions of the Indenture. <br /> <br /> Pursuant to the Agreement, the Company has executed and delivered to <br />the Trustee the Company's promissory note dated as of December 1, 1984 (the <br />"Original Note"), in the principal amount of $1,780,000. The Company, <br />pursuant to the First Amendment of Loan Agreement referred to above, exchanged <br />its promissory note dated of the same date as the Bonds (the "Note") in the <br />principal amount of $1,780,000 for the Original Note. The Company is required <br />by the Agreement and the Note to make payments to the Trustee in the amounts <br />and at the times necessary to pay the principal of and interest and any <br />premium (the "Bond Service Charges") on the Bonds. The Company's obligations <br />thereunder are secured by the Open-End Mortgage and Security Agreement dated <br />as of December 1, 1984 from the Company to the Original Trustee, as <br />supplemented by a First Supplement of Mortgage and Security Agreement dated as <br />of December 1, 1987 between the Company and the Trustee (such mortgage and <br />first supplement, collectively, the "Mortgage"). In the Indenture, the Issuer <br />has assigned to the Trustee, to provide for the payment of the Bond Service <br />Charges on the Bonds, the Issuer's right, title and interest in and to the <br />Agreement, except for Unassigned Issuer's Rights as defined in the Agreement. <br /> <br /> Payment of the Bond Service Charges on the Bonds has been guaranteed <br />until such time as rental of a specified portion of the Project shall have <br />been attained by David H. Chumlea (the "Guarantor") pursuant to the Guaranty <br />Agreement dated as of December 1, 1987 given by the Guarantor to the Trustee <br />for the benefit of the Holders of the Bonds (the "Guaranty"). <br /> <br /> Copies of the Indenture, the Agreement, the Assignment of Rents and <br />Leases from the Company to the Original Trustee dated as of December 1, 1984, <br />as amended by a First Amendment of Assignment between the Company and the <br />Trustee dated as of December 1, 1987 (such assignment and first amendment, <br />collectively, the "Assignment"), the Mortgage, the Guaranty and the Note are <br />on file in the principal corporate trust office of the Trustee. <br /> <br /> The Bonds are special obligations of the Issuer, and Bond Service <br />Charges on the Bonds are payable solely from the Revenues, as defined and as <br />provided in the Indenture (being, generally, the amounts payable under the <br />Agreement in repayment of the Loan), and are an obligation of the Issuer only <br />to the extent of the Revenues. The Bonds are not secured by an obligation or <br />pledge of any moneys raised by taxation and do not represent'or constitute a <br />debt or pledge of the faith and credit of the Issuer. <br /> <br /> The Bonds are issuable only as fully registered bonds in the denom- <br />inations of $5,000 and any integral multiple thereof and are exchangeable for <br />Bonds of authorized denominations in equal aggregate principal amounts at the <br /> <br /> <br />
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