05-13-2020 Council Packet - Laserfiche WebLink

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12587850v1 5 1.Definitions. Terms used in this Mortgage not otherwise defined in this Mortgage, but defined in the Loan Agreement or the Indenture, shall have the same meaning as in the Loan Agreement or Indenture unless the context clearly indicates a contrary meaning. 2.Amount and Maturity of Bonds; Loan Repayments. The parties represent and agree as follows: (a)The Bonds shall be in the aggregate principal amount of $____________ and the final maturity thereof shall be ___________ 1, 2060, subject to the optional, special or mandatory redemption of the Bonds, all as further set forth in the Indenture. (b)Loan Repayments are required to be made monthly by the Mortgagor in order to pay principal, premium (if any) and interest of the Bonds when and as the same shall become due, or when required to be redeemed, as more fully provided in the Loan Agreement and Indenture. 3.Additional Payments. Under the Loan Agreement, the Mortgagor will be obligated, in addition to the Loan Repayments described above, to pay all required rebate payments to the United States in respect of the Bonds, the reasonable fees and expenses of the Mortgagee and any paying agent of the Bonds, fees and expenses of the Issuer and any advances by the Issuer or the Mortgagee to meet obligations of the Mortgagor for (among other things) taxes, special assessments, utility charges, insurance premiums, and liens in connection with the Mortgaged Property and also to provide indemnity to the Issuer, all as more fully provided in the Loan Agreement, which obligations are additional indebtedness intended to be secured by this Mortgage. 4.Release of Property and Grant of Easements. Property included in the Mortgaged Property may be released from the lien of this Mortgage, and easements and rights-of-way may be granted, as provided in the Loan Agreement and Indenture. 5.Warranty of Title; Permitted Encumbrances. The Mortgagor does hereby covenant, represent and warrant that it is the lawful owner of and has good right and lawful authority to grant, bargain, sell, convey, warrant, mortgage, assign and pledge the Mortgaged Property and Revenues and Income thereof as provided herein; that the Mortgagor is and will continue to be well and truly seized of good and marketable title to the Mortgaged Property; that the Mortgaged Property and Revenues and Income thereof are and shall remain free and clear of all mortgages, liens, pledges, charges and encumbrances, excepting, with respect to the Land, Permitted Encumbrances, and excepting, with respect to any equipment, furnishings or other personal property, liens or security interests existing on the date hereof or hereafter arising with respect to any security interest granted in connection with purchase money acquisitions of such personal property; and that the Mortgagor does warrant and will defend the title to the Mortgaged Property and Revenues and Income thereof against all claims and demands whatsoever not permitted hereunder or under the Loan Agreement. "Permitted Encumbrances" shall mean Permitted Encumbrances as defined in the Loan Agreement and Indenture, including those encumbrances identified in Exhibit B hereto.