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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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so used by the association, such proceeds shall be paid to the Trustee to the extent needed to prepay <br />any Certiticates in accordance with the terms of the A~reement. <br />(C) REQUIRE~1ENTS FOR INSUR.ANCE COVERAGE. Each insurance policy required under <br />Section 306(A) and (B) above shall: <br />(1) be provided by a commerial insurance carrier whose claims paying ability is rated: <br />(a) "A"' or higher by A.M. Best; or <br />(b) in one of the two highest rating categories by Moody's and S&P; <br />(2) name the Trustee as an insured and as the loss payee thereunder (to the extent of <br />the County's interest under such insurance policy); and <br />(3) shall provide that such inruance shall not be cancelled except upon 30 days' prior <br />written notice to the Trustee, the Insurer and the County. <br />>; <br />~a <br />~s <br />36 <br />37 <br />38 <br />39 <br />ao <br />~i <br />~13 <br />On or before December 1 of each year, commencing with the December 1 next following the date <br />upon which the construction of the Courthouse Square Project is completed, the County shall cause <br />to be provided to the Trustee and the Insurer evidence that the insurance required under this Section <br />306 has been obtained and is in full force and effect. <br />(D) TITLE INSURANCE. Concurrently with the execution and delivery of the 1998 <br />Certificates, the County shall cause to be delivered a mortgagee's title insurance policy naming the <br />Trustee, in its capacity as mortgagee under the Mortgage, as insured, which title insurance policy <br />shall be in an amount at least equal to $22,000,000.00. The County shall undertake to provide a <br />copy of such title insurance policy to the Insurer. <br />ARTICLE IV <br />ESTABLISHMENT AND USE OF FUNDS <br />SECTION 401. ESTABLISHMENT OF FUNDS; DISPOSITION OF CERTIFICATE PROCEEDS. <br />There are hereby established with the Trustee the following trust funds: <br />(i) the Certificate Payment Fund, including as subaccounts thereof the 1998 <br />Insurance Policy Account and the 1998 Debt Service Account; and <br />(ii) the Project Fund. <br />FINANCING AND TRUST AGREEMENT PAGE 3O <br />
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