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~ 1 WHEREAS, pursuant to the authority conferred upon it under the Act, ~r2 determined to finance its share of the costs of the Courthouse Square Project (as n 3 defined in the Definitions Appendix hereto, the "County's Share") in the manner cc 4 provided for in this Agreement; and 5 6 WHEREAS, the County and the Trustee understand and intend that the 7 County's Share through issuance of the Certificates (as herein defined) will be ~ 8 following general manner, as detailed hereinafter: 9 lo The County has arranged for Prudential Securities Incorporated (the 11 to conduct a public offering and sale of the 1998 Certificates. The 1998 Cert 12 Additional Certificates executed and delivered hereunder, will evidence c 13 undivided interests of the Owners thereof in the related Financing Payment 14 the County to the Trustee under this Agreement. Concurrently with thf 15 delivery of this Agreement and in accordance with the terms hereof, the Tr 16 the 1998 Certificates to be executed and delivered to the Underwriter in e 17 purchase price thereof. The proceeds received by the Trustee from the s 18 Certificates and any Additional Certificates shall be deposited by the Trustf 19 Fund established pursuant to this Agreement and, subject to the terms and cor 2o herein, disbursed from time to time by the Trustee to the County for the pu 21 all or a portion of the County's Share. 22 ~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 the County has iore particularly ~ntemplated and of the in the "Underwriter") ficates, and any irect, fractional ~ to be made by execution and zstee will cause cchange for the ~le of the 1998 e in the Project ditions set forth pose of paying WHEREAS, contemporaneously with the execution of this Agreement, he County has arranged for MBIA Insurance Corporation (the "Insurer") to issue its municipal bond insurance policy (the "Insurance Policy") to the Trustee guaranteeing the payment when due of the principal of and interest evidenced by the 1998 Certificates; 'I NOW, THEREFORE, for and in consideration of the premises and the m and agreements set forth herein, the County and the Trustee hereby agree as follo~ ARTICLE I DEFINITIONS SECTION 101. TERMS DEFINED IN APPENDIX. All terms used herein an defined herein shall have the respective meanings assigned thereto in Appendix attached hereto. FINANCING AND TRUST AGREEMENT covenants not otherwise ~ - Definitions PAGE 2