96-77 AUTHORIZING AND APPROVING THE ADVANCE REFUNDING OF A PORTION OF HOSPITAL FACILITY REVENUE BONDS

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_ �. . . � � Section 404. The Series 1991 Trustee and the Municipality agree that the registered owners of the outstanding Refunded Series 1991B Bonds have a beneficial and vested interest in the Securities Trust Fund as herein provided. It is therefore recited, understood and agreed that this First Supplemental Bond Indenture shall not be subject to revocation or amendment until its provisions have been fully carried out; provided that this First Supplemental Bond Indenture may be amended to the extent permitted by subparagraphs (a) through (d) of Section 901 of the Series 1991 Bond Indenture. Section 405. In all respects not inconsistent with the terms and provisions of this First Supplemental Bond Indenture, the 5eries 1991 Bond Indenture is hereby ratified, approved and confirmed. In executing and delivering this First Supplemental Bond Indenture, the Municipality and the Series 1991 Trustee shall be entitled to all of the privileges and immunities afforded to the Series 1991 Trustee and the Municipality under the terms and provisions of the Series 1991 Bond Indenture. From and after the establishment of the Securities Trust Fund, the Refunded Series 1991B Bonds shall not be redeemable pursuant to clause (i) of the first sentence of the first paragraph of Section 501 of the Series 1991 Bond Indenture. Section 406. This First Supplemental Bond Indenture shall be governed exclusively by the applicable laws of the State of Illinois. Section 407. No recourse shall be had for the payment of the principal of, premium or interest on any of the Refunded Series 1991B Bonds or for any claim based thereon or upon any obligation, covenant or agreement in this First Supplemental Bond Indenture contained against any past, present or future officer or member of the Municipality, or of any successor entity, as such, either directly or through the Municipality or any successor entity, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers or members as such is hereby expressly waived and released as a condition of and consideration for the execution of this First Supplemental Bond Indenture. Section 408. This First 5upplemental Bond Indenture shall terminate when all payments required to be made by the Series 1991 Trustee with respect to the outstanding Refunded Series 1991B Bonds under the provisions hereof shall have been made. All moneys, if any, remaining on deposit in the Securities Trust Fund at the time of the termination of this First Supplemental Bond Indenture shall be transferred by the Series 1991 Trustee to the Series 1996 Bond Trustee for deposit in the Series 1996 Interest Fund. Section 409. If any one or more of the covenants or agreements provided in this First Supplemental Bond Indenture on the part of the parties hereto to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this First Supplemental Bond Indenture. -9-