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12316306v3 <br />-3- <br />property at any and all times and to hold and apply the same according to the terms hereof, <br />including but not limited to the Mortgage and the Limited Guaranty. <br />TO HAVE AND TO HOLD all and singular the said property hereby conveyed and <br />assigned, or agreed or intended so to be, to the Trustee, its successor or successors in trust and its <br />and their assigns, FOREVER. <br />IN TRUST NEVERTHELESS, upon the terms and trust herein set forth, for the equal <br />and proportionate benefit, security and protection of all Holders of the Bonds issued or to be <br />issued under and secured by this Indenture, without preference, priority or distinction as to lien <br />or otherwise of any of the Bonds over any of the others; <br />PROVIDED, HOWEVER, that if the Issuer, its successors or assigns, shall well and truly <br />pay or cause to be paid the principal of the Bonds and the premium (if any) and interest due or to <br />become due thereon, at the times and in the manner mentioned in the Bonds according to the true <br />intent and meaning thereof, or shall provide, as permitted hereby, for the payment thereof by <br />depositing with the Trustee sums sufficient to pay the entire amount due or to become due <br />thereon, and shall well and truly keep, perform and observe all the covenants and conditions <br />pursuant to the terms of this Indenture to be kept, performed and observed by it and shall pay to <br />the Trustee all sums of money due or to become due to it in accordance with the terms and <br />provisions hereof; then upon such final payment this Indenture and the rights hereby granted <br />shall cease, determine and be void; otherwise, this Indenture to be and remain in full force and <br />effect. <br />THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared that all <br />Bonds issued and secured hereunder are to be issued, authenticated and delivered and all said <br />property hereby assigned or pledged is to be dealt with and disposed of under, upon and subject <br />to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as <br />hereinafter expressed, and the Issuer has agreed and covenanted and does hereby agree and <br />covenant with the Trustee and with the respective owners from time to time of the said Bonds or <br />any part thereof, as follows, that is to say: <br />[The remainder of this page is intentionally left blank.]