1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />ARTICLE IV <br /> <br />GENERAL TERMS AND COVENANTS <br /> <br />SECTION 4.1. PAYMENT OF PRINCIPAL AND INTEREST. The Issuer shall, but only out of <br />the Security, promptly pay the principal of, premium, (if any) and interest on the Bonds at the place, <br />on the dates and in the manner provided herein and in the Bonds. The Issuer further shall, but only <br />out ofthe Security, promptly pay interest on overdue principal, premium (if any) and interest (to the <br />extent permitted by law and the terms of this Indenture) at the rate borne by the Bonds. Nothing in <br />the Bonds or this Indenture shall be considered as pledging any other funds or assets of the Issuer. <br /> <br />The Loan Agreement provides that the Basic Payments to be paid shall be sufficient in <br />amount to insure the prompt payment of the principal, premium (if any) and interest on the Bonds <br />as the same become due, and under the Loan Agreement the Basic Payments are to be remitted <br />directly to the Trustee for the account of the Issuer, and deposited in the Bond Fund. <br /> <br />SECTION 4.2. PERFORMANCE OF COVENANTS: AUTHORITY. The Issuer shall faithfully and <br />punctually perform any and all of its obligations under this Indenture, in the Bonds and in the <br />Resolution. The Issuer is duly authorized under the Constitution and laws of the State of North <br />Dakota, in particular, the Act, to issue the Bonds and to execute this Indenture, to convey, pledge and <br />grant the Security; that all action on its part for the issuance of the Bonds and the execution and <br />delivery of this Indenture has been duly and validly taken and that the Bonds in the hands of the <br />Bondholders are and will be valid and enforceable obligations of the Issuer in accordance with their <br />terms. <br /> <br />SECTION 4.3. PAYMENT OF TAXES. CHARGES. ETC. Under the Loan Agreement, the <br />Company shall pay all lawful taxes, assessments and charges at any time levied or assessed upon or <br />against the Facilities or any part thereof, subject to its right to contest the same as provided in the <br />Loan Agreement. <br /> <br />SECTION 4.4. MAINTENANCE. INSURANCE AND MODIFICATIONS. Under the Loan <br />Agreement, the Company shall, at its own expense, cause the Facilities to be maintained in good <br />condition, repair, and working order and shall, from time to time, make or cause to be made all <br />necessary repairs, renewals, or replacements thereof, ordinary wear and tear and obsolescence <br />excepted and shall maintain in effect or cause to be maintained in effect insurance with respect to <br />the Facilities as provided in the Loan Agreement. Under the Loan Agreement, the Company may, <br />at its own expense, from time to time make additions, modifications, and Improvements to the <br />Facilities in accordance with the terms and conditions of the Loan Agreement. <br /> <br />SECTION 4.5. INSPECTION OF FACILITIES AND BOOKS. The Facilities and all books and <br />documents in the possession of the Issuer relating to the Facilities and the income and revenues <br />derived from the Facilities shall at all reasonable times be open to inspection by the Trustee and its <br />attorneys and agents. <br /> <br />4-1 <br />
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