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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12 <br />SECURITY FOR THE SERIES 2020 BONDS <br />General <br />The Series 2020 Bonds are special, limited obligations of the Issuer and are payable solely from <br />payments or prepayments pledged under the Indenture; Loan Repayments to be made under the Loan <br />Agreement; money and investments held by the Trustee under, and to the extent provided in, the <br />Indenture, payments that may be made by Limited Guarantor under the terms of the Limited Guaranty, or <br />proceeds from the foreclosure of the Mortgage or the exercise of the security interest therein; and <br />proceeds from certain insurance and condemnation awards or proceeds from sales consummated under <br />threat of condemnation. See “APPENDIX D - DEFINITIONS AND SUMMARY OF CERTAIN <br />PRINCIPAL DOCUMENTS” in this Official Statement. <br />THE LOAN REPAYMENTS AND ADDITIONAL PAYMENTS TO BE MADE BY THE <br />BORROWER UNDER THE LOAN AGREEMENT ARE SOLELY THE OBLIGATION OF THE <br />BORROWER. THE LIMITED GUARANTOR IS NOT OBLIGATED TO MAKE ANY <br />PAYMENTS UNDER THE LOAN AGREEMENT EXCEPT TO THE EXTENT OBLIGATED <br />UNDER THE LIMITED GUARANTY IN THE EVENT THAT MONEY HELD BY THE <br />TRUSTEE UNDER THE INDENTURE IS INSUFFICIENT TO PAY DEBT SERVICE ON THE <br />SERIES 2020 BONDS. <br />Assignment of Loan Agreement; Loan Repayments <br />Under the Indenture, the Issuer has pledged its interest in the Loan Agreement (including Loan <br />Repayments by the Borrower, but excluding certain rights of the Issuer to payment of fees, expenses and <br />indemnification) to the Trustee to secure the Series 2020 Bonds. Monthly Loan Repayments under the <br />Loan Agreement are required to be paid which will be sufficient, if paid promptly and in full, to pay when <br />due all principal of and interest on the Series 2020 Bonds. The Trustee is authorized to exercise the rights <br />of the Issuer and enforce the obligations of the Borrower under the Loan Agreement. <br />The Indenture <br />Under the Indenture, the Issuer is pledging its interest in the Loan Agreement, including its right <br />to receive and its interest in the Borrower’s Loan Repayments but excluding certain rights of the Issuer to <br />payment of attorney’s fees, expenses, advances, and indemnification, to the Trustee to secure repayment <br />of the Series 2020 Bonds. The Series 2020 Bonds are special, limited obligations of the Issuer payable <br />solely from (i) payments or prepayments to be made under the Loan Agreement; (ii) money held by the <br />Trustee in certain funds and accounts; (iii) in certain circumstances, proceeds of certain insurance and <br />condemnation awards; (iv) proceeds from the foreclosure of the Mortgage or the exercise of the security <br />interest therein; and (v) income from the temporary investment of any of the foregoing. Amounts held in <br />the Rebate Fund are not part of the Trust Estate pledged to secure the Series 2020 Bonds and <br />consequently will not be available to make payments on the Series 2020 Bonds. See “APPENDIX D - <br />DEFINITIONS AND SUMMARY OF CERTAIN PRINCIPAL DOCUMENTS - THE INDENTURE” in <br />this Official Statement. <br />The Limited Guaranty of Limited Guarantor <br />The Limited Guarantor’s obligations under the Limited Guaranty is an unsecured general promise <br />to pay by Limited Guarantor and there is no priority of payment between the Limited Guaranty or any <br />other unrelated guaranty agreements to which Limited Guarantor is a party. The obligations of Limited <br />Guarantor under the Limited Guaranty associated with the Series 2020 Bonds is a separate and distinct
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