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04-14-2021 Council Packet
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04-14-2021 Council Packet
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13068487v2 <br /> <br /> <br /> 31 <br /> <br />Indenture and the Mortgage. The Corporation shall, at its sole expense, file or cause to be filed any <br />financing statements under the Uniform Commercial Code or similar instruments necessary or <br />requested by the Trustee to perfect and continue the security interest of the Trustee in this Loan <br />Agreement and the payments to be made hereunder, and the security interests granted under the <br />Mortgage, including any financing statements which the Issuer may be required to file under the <br />Indenture. The Corporation shall also, at its sole expense, cause the Mortgage and any supplement <br />to the Mortgage to be filed for record in the office of the Issuer Recorder or Registrar of Titles, or <br />both, and in any other office which the Trustee shall deem necessary or desirable to perfect or <br />maintain the lien of the Mortgage and shall pay any mortgage registration tax or filing fee or other <br />payment for the effective filing thereof. All soon as practicable after the Closing Date, the <br />Corporation shall provide the Trustee with copies of all filed financing statements under the <br />Uniform Commercial Code or similar instruments necessary to perfect the security interest of the <br />Trustee in this Loan Agreement and payment to be made hereunder, and the security interest <br />granted under the Mortgage, including any financing statements which are required to be filed <br />under the Indenture. <br />Section 6.07 Assignments. The Corporation consents to the pledge and assignment of the <br />Loan Repayments and other interests of the Issuer in this Loan Agreement by the Issuer to the <br />Trustee as provided in the Indenture. Except as otherwise provided in Section 5.02 hereof the <br />interests and obligations of the Corporation under this Loan Agreement are nonassignable and <br />shall not be assigned except to a trustee in bankruptcy or similar officer pursuant to the Bankruptcy <br />Code or similar law. Without limiting the foregoing, funds and investments in the Bond Fund, <br />Sinking Fund, Optional Redemption Fund, Reserve Fund, and Project Fund and other funds <br />comprising the Trust Estate are trust funds not subject to assignment by the Corporation or <br />execution, attachment, or garnishment by any creditor of the Corporation. <br />Section 6.08 Observance of Indenture Covenants and Terms. The Corporation will not <br />do, in any manner, anything which will cause or permit to occur any default under the Indenture, <br />but will faithfully observe and perform, and will do all things reasonably necessary so that the <br />Issuer may observe and perform, all the conditions, covenants and requirements of the Indenture. <br />The Issuer agrees that it will observe and perform all obligations imposed upon it by the Indenture <br />and the Bonds. <br /> <br />[The balance of this page intentionally left blank.]
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