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12316306v3 <br />-2- <br />WHEREAS, the execution and delivery of this Indenture have been duly authorized by <br />the Governing Body, and all conditions, acts and things necessary and required by the <br />Constitution and laws of the State of Minnesota, or otherwise, to exist, to have happened or to <br />have been performed precedent to and in the execution and delivery of this Indenture, and in the <br />issuance of the Series 2020 Bonds, do exist, have happened or have been performed in regular <br />form, time and manner, and the execution and delivery of this Indenture have been in all respects <br />duly authorized; and <br />WHEREAS, the Trustee has accepted the trust created by this Indenture and in evidence <br />thereof has joined in the execution hereof; <br />NOW, THEREFORE, THIS INDENTURE WITNESSETH: <br />GRANTING CLAUSES <br />That the City of Little Canada, Minnesota in order to secure the payment of the principal <br />of, premium (if any) and interest on the Bonds issued under this Indenture according to their <br />tenor and effect and the performance and observance of each and all of the covenants and <br />conditions herein and therein contained, and for and in consideration of the premises and of the <br />purchase and acceptance of the Bonds by the respective purchaser or purchasers and registered <br />owners thereof, and for other good and valuable consideration, the receipt whereof is hereby <br />acknowledged, has executed and delivered this Indenture and has granted, bargained, sold, <br />assigned, transferred, conveyed, pledged and set over, and by these presents does hereby grant, <br />bargain, sell, assign, transfer, convey, pledge and set over, unto the Trustee, and to its successor <br />or successors in the trust hereby created and to its assigns forever: <br />I. <br />All of the rights and interests of the Issuer in the Loan Agreement, except for the rights of <br />the Issuer relating to expenses, indemnity, payment of attorneys' fees and advances of the Issuer <br />under Sections 4.04(b), 6.01, 7.04 and 7.05 thereof. <br />II. <br />A first lien on and pledge of all right, title and interest in (i) the moneys and investments <br />in the Bond Fund, Sinking Fund, Reserve Fund, and Optional Redemption Fund covenanted to <br />be created and maintained under this Indenture, (ii) moneys and investments in the Project Fund <br />not paid out to meet Project Costs and (iii) Net Proceeds of any insurance or condemnation <br />award held by the Trustee pursuant to the terms of the Loan Agreement, the Mortgage, or this <br />Indenture. <br />III. <br />Any and all other property of every name and nature from time to time hereafter by <br />delivery or by writing of any kind conveyed, mortgaged, assigned or transferred, or in which a <br />security interest is granted by the Issuer or the Borrower or by anyone in behalf of them or with <br />their written consent, to the Trustee, which is hereby authorized to receive any and all such