Agenda - 11-16-2010 - 4k - Laserfiche WebLink

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which interest has been paid). Principal and interest are payable in lawful money of the United States of America. This Bond is one of an issue of [$85,000,000] Limited Obligation Bonds, Series 2010 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of prepayment and maturity. The Bonds are executed and delivered under, and are equally and ratably secured by, a Trust Agreement dated as of December 1, 2010 (the "Trust Agreement"), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"). The Company is advancing funds under the Financing Contract to provide funds to the County to be used, together with other available funds, to refmance certain existing financing obligations, to provide for the acquisition of certain equipment, and to pay financing and other related costs, as more fully described in the Trust Agreement and the Financing Contract. The County will repay the amounts advanced by making Installment Payments, as defined in and pursuant to the Financing Contract, which are designed to be sufficient in times and amounts to provide for timely payment of the Bonds. To further secure its obligations under the Financing Contract, the County has granted, for the Company's benefit, a security interest in certain public facilities, the underlying real properly and certain other property (the "Trust Property") pursuant to the Financing Contract and a Deed of Trust and Security Agreement dated as of December 1, 2010 (the • "Deed of Trust"). The Company has assigned substantially all of its rights under the Financing Contract and as beneficiary under the Deed of Trust, including its right to receive Installment Payments, to the Trustee, without recourse against the Company, for the benefit of the owners of the Bonds. The Bonds are payable solely from amounts paid by the County pursuant to the Financing Contract, except to the extent payable from the proceeds of the Bonds, income from investments, certain net insurance and condemnation awards and the proceeds of remedial action, which revenues and other moneys have been pledged as described in the Trust Agreement and the Financing Contract to secure payment of the Bonds. Neither the Bonds nor the County's obligation to make payments under the Financing Contract constitutes a pledge of the County's faith and credit within the meaning of any constitutional provision. Reference is made to the Trust Agreement and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Company and the Trustee, the rights of the Owners of the Bonds and the terms upon which the Bonds are executed, delivered and secured, to all of which provisions the owner of this Bond, by the acceptance hereof, agrees. Additional Bonds secured by an interest in the Trust Property • on a parity with the interest securing the Bonds may be issued under the terms and conditions set forth in the Trust Agreement. The Bonds are issued by means of a book-entry system, with one certificate for each maturity immobilized at The Depository Trust Company, New York, New York 38