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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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~ the County. If the County, or the Trustee for its own account shall acquire any of the Certificates, <br />2 such acquisition shall not operate as a prepayment or satisfaction of the indebtedness represented b} <br />3 such Certificates unless and until the same are delivered to the Trustee for cancellation. <br />~ <br />~ SECTION 206. MIiTILATED, LOST, STOLEN OR DESTROYED CERTIFICATES. SubjeCt to <br />6 the laws of the State pertaining thereto and any other applicable law, in the event any Certificate is <br />7 mutilated, lost, stolen or destroyed, the Trustee with consent of the County may execute and deliver <br />8 of a new Certificate of like series, date, number, maturity and denomination as tliat mutilated, lost, <br />9 stolen or destroyed; provided, however, that in the case of any mutilated Certificate, such m~itilated <br />~o Certificate shall first be surrendered to the Trustee, and in the case of any lost, stolen or destroyed <br />11 Certificate. there shall be first furnished to the County and the Trustee evidence of the ownership <br />12 thereof and of such loss, theft or destruction satisfactory to the County and the Trustee, together with <br />~3 a bond of indemnity satisfactory to them. The County and the Trustee may charge the holder or <br />~4 owner of such Certificate with the expense incurred in connection therewith and any amounts <br />-5 provided by applicable law. <br />16 <br />~ ~ SECTION 207. NOTICE OF REDEMPTION; EFFECT OF CALL FOR REDEMPTION. Except <br />I8 as otherwise expressly provided herein with respect to the 1998 Certificates or in a Supplemental <br />l9 Agreement with respect to any Additional Certificates, notice of the call for prepayment of any <br />2o Certificates, which shall identify the Certificates to be prepaid, shall be given by the Trustee in the <br />? i name and on behalf of the County not less than 30 nor more than 45 days prior to the date fiYed for <br />22 the prepayment by mailing such notice, postage prepaid, to the Owners of the Certificates to be <br />?3 prepaid at the addresses of such Owners as shown on the registration books maintained by the <br />2~ Trustee as of the date of mailing of such notice. <br />~~ <br />26 A copy of any notice of prepayment shall be sent by the Trustee to the County, S&P (if <br />27 then rating the Certificates being prepaid), Moody's (if then rating the Certificates being prepaid) <br />?8 and the Insurer. <br />?9 <br />3o Notwithstanding the foregoing, so long as the Book Entry System is maintained in effect <br />31 with respect to particular Certificates, notice of prepayment of such Certificates shall be given at the <br />3? time, to the entity and in the manner required by DTC, and the Trustee shall not be required to give <br />33 any other notice of prepayment otherwise required herein. <br />34 <br />35 In addition to notice of prepayment as provided above, the Trustee shall also give notice <br />36 of any prepayment of Certificates by first-class mail, postage prepaid, confirmed facsimile <br />37 transmission, or overnight delivery service, to each of the following securities depositories and <br />38 information services: <br />39 <br />~0 The Depository Trust Company <br />41 71 1 Stewart Avenue <br />~? Garden City, New York 11530 <br />4~ Facsimile transmission: (516) 227-4039; (516) 227-4190 <br />FINANCING AND TRUST AGREEMENT PAGE 19 <br />
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