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obligations of the Issuer in accordance with the terms thereof and hereof and (ii) to make this Indenture a
valid, binding and legal trust agreement for the security of the Bonds in accordance with its terms; and
WHEREAS, the Trustee has accepted the trusts created by this Indenture, and in evidence thereof
has joined in the execution hereof.
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that to secure the payment of Bond
Debt Service Charges on the Bonds according to their true intent and meaning, to secure the performance
and observance of all of the covenants, agreements, obligations and conditions contained therein and herein,
and to declare the terms and conditions upon and subject to which the Bonds are and are intended to be
issued, held, secured and enforced, and in consideration of the premises and the acceptance by the Trustee
of the trusts created herein and of the purchase and acceptance of the Bonds by the Holders, and for other
good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Issuer
has executed and delivered this Indenture and absolutely assigns hereby to the Trustee, and to its successors
in trust, and its and their assigns, all right, title and interest of the Issuer in and to (a) the Issuer Revenues,
including without limitation all Loan Payments and other amounts receivable by or on behalf of the Issuer
under the Loan Agreement in respect of repayment of the Loan; (b) the Special Funds, including all accounts
in those funds and all money deposited therein and the investment earnings on such money and the earnings
derived from the investment of any of the foregoing sums as provided herein; (c) all right, title and interest
of the Issuer in the proceeds derived from the sale of the Bonds, and any securities in which money in the
Special Funds is invested, and (except for money in the Rebate Fund and otherwise required to be rebated
to the United States of America under the Code) the proceeds derived therefrom, and any and all other real
or personal property of every name and nature from time to time hereafter by delivery or by writing of any
kind pledged, assigned or transferred, as and for additional security hereunder by the Issuer or by anyone
in its behalf, or with its written consent, to the Trustee, which is hereby authorized to receive any and all
such property at any and all times and to hold and apply the same subject to the terms of this Indenture; and
(d) the Loan Agreement, except for the Unassigned Issuer’s Rights (the foregoing collectively referred to
as the “Trust Estate”),
TO HAVE AND TO HOLD unto the Trustee and its successors in that trust and its and their assigns
forever;
BUT IN TRUST, NEVERTHELESS, and subject to the provisions hereof,
(1) except as provided otherwise herein, for the equal and proportionate benefit, security and
protection of all present and future Holders of the Bonds issued or to be issued under and secured by this
Indenture,
(2) for the enforcement of the payment of the principal of and interest on the Bonds, when
payable, according to the true intent and meaning thereof and of this Indenture, and
(3) to secure the performance and observance of and compliance with the covenants,
agreements, obligations, terms and conditions of this Indenture, in each case, without preference, priority
or distinction, as to lien or otherwise, of any one Bond over any other by reason of designation, number,
date of the Bonds or of authorization, issuance, sale, execution, authentication, delivery or maturity thereof,
or otherwise, so that each Bond and all Bonds shall have the same right, lien and privilege under this
Indenture and shall be secured equally and ratably hereby; provided, however, that
(i) if the principal of the Bonds and the interest due or to become due thereon shall be
well and truly paid, at the times and in the manner to which reference is made in the Bonds,
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