1. MIDA Bond Hospice of Red River Valley
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1. MIDA Bond Hospice of Red River Valley
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<br />ARTICLE 6 <br /> <br />DAMAGE, DESTRUCTION AND CONDEMNATION <br /> <br />SECTION 6.01. DAMAGE OR DESTRUCTION. In the event the Facilities or any portion <br />thereof are damaged or destroyed by fire or other casualty and the damage or destruction i s estimated <br />to equal or exceed $100,000, then the Corporation shall within ninety (90) days after such damage <br />or destruction elect one of the following two options by written notice of such election to the <br />Trustee: <br /> <br />(a) Option A - Repair and Restoration. The Corporation may elect to repair, <br />reconstruct and restore the damaged Facilities. In the event the Corporation shall elect this <br />Option A, all Net Proceeds of insurance, if in excess of$IOO,OOO, shall be paid directly to <br />the Trustee for deposit in the Repair and Replacement Fund and applied to pay the costs of <br />the repair, reconstruction and restoration of the Facilities, as determined by the Corporation <br />to be necessary or desirable. If the Net Proceeds of insurance received by the Trustee for <br />such purposes are not sufficient to pay for the same, the Corporation will deposit with the <br />Trustee that portion ofthe costs in excess of the amount of Net Proceeds. Any balance of <br />Net Proceeds remaining after paying the costs of repair, reconstruction or restoration shall <br />be transferred to the Bond Fund. Such damage or destruction shall not serve to abrogate or <br />abridge any of the Corporation's obligations hereunder, including its obligation to make <br />Basic Payments and Additional Payments. <br /> <br />(b) Option B - Redemption of the Bonds. The Corporation may elect to cause the <br />Bonds to be redeemed, in which event the Bonds shall be redeemed in whole or in part on <br />the next Interest Payment Date occurring at least forty-five (45) days after the date of the <br />notice given as to exercise of this Option B. In such event, the Net Proceeds shall be <br />deposited in the Bond Fund and the Bonds shall be redeemed at a redemption price equal to <br />par, plus accrued interest, and the redemption of the Bonds shall be effected pursuant to the <br />provisiuns of, in the manner, and with the effect provided in the Indenture. <br /> <br />SECTION 6.02. CONDEMNA TION. If any material part of the Facilities or any portion <br />thereof are condemned or taken or conveyed under the threat of eminent domain for any public or <br />quasi-public use and title thereto vests in the party condemning or taking the same, or such use or <br />control thereof is taken by eminent domain to such extent as to render the same unsatisfactory to the <br />Corporation for continued operation, as determined by the Trustee, the Corporation shall, within <br />ninety (90) days after the date on which the Net Proceeds are finally determined, elect one ofthe two <br />following options by written notice of such election to the Trustee: <br /> <br />(a) Option A - Repairs and Improvements. The Corporation may elect to make <br />any necessary or desirable additions, repairs or improvements to the Facilities, as determined <br />by the Corporation. In such event, all Net Proceeds of such condemnation award, if in excess <br />of $1 00,000, shall be paid directly to the Trustee for deposit in the Repair and Replacement <br /> <br />6-1 <br />
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