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86-93 AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE IN CONNECTION WITH THE OUTSTANDING SINGLE FAMILY MORTGAGE REVENUE BONDS, 1979 SERIES A
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86-93 AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE IN CONNECTION WITH THE OUTSTANDING SINGLE FAMILY MORTGAGE REVENUE BONDS, 1979 SERIES A
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8/26/2016 3:21:36 PM
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Resolution/Ordinance
Res Ord Num
86-93
Res Ord Title
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST INDENTURE IN CONNECTION WITH THE OUTSTANDING SINGLE FAMILY MORTGAGE REVENUE BONDS, 1979 SERIES A OF THE CITY OF DECATUR, MACON COUNTY, ILLINOIS
Approved Date
10/21/1986
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the State of Illinois and, with respect to hazard insurance, <br /> rated B or better by Best ' s Insurance Reports (Property-Casualty) <br /> or, with respect to other kinds of insurance, qualified to pro- <br /> vide insurance on mortgages purchased by the Federal National <br /> Mortgage Association or the Federal Home Loan Mortgage Corpora- <br /> tion, whose participation in the Program will not result in the <br /> lowering of the ratings of the Bonds. <br /> "Residuals" means any moneys, securities or instruments <br /> on deposit at Policy Issuance in the Mortgage Reserve Fund or <br /> Capital Reserve Fund in excess of the Mortgage Reserve Require- <br /> ment or Capital Reserve Requirement, as of such date. <br /> "Trust Estate" means the property, rights, moneys, <br /> securities and other amounts pledged and assigned pursuant to the <br /> Granting Clauses of the Original Indenture and this First Supple- <br /> mental Indenture. <br /> ARTICLE II <br /> THE BOND INSURANCE POLICY <br /> Section 2.01 . Release of Residuals. On the date of <br /> Policy Issuance, Trustee, or the Custodian acting on behalf of <br /> the Trustee, shall release to Issuer all Residuals upon satisfac- <br /> tion of the following: <br /> (a) Nationally recognized counsel shall render an opin- <br /> ion, addressed to Issuer, Trustee and Custodian and dated as <br /> of Policy Issuance, to the effect that the transactions <br /> contemplated by this First Supplemental Indenture will not <br /> adversely affect the federal income tax status of the Bonds. <br /> (b) Nationally recognized counsel shall render an opin- <br /> ion, addressed to Issuer , Trustee and Custodian and dated as <br /> of Policy Issuance, to the effect that ( i) Issuer has the <br /> right and power to authorize and execute the First Supple- <br /> mental Indenture, ( ii ) the First Supplemental Indenture has <br /> been duly and lawfully authorized and executed by Issuer , is <br /> in full force and effect and is valid and binding upon <br /> Issuer and does not require any other authorization and <br /> ( iii) this First Supplemental Indenture creates a valid <br /> pledge which it purports to create of the Trust Estate held <br /> or set aside under the Indenture. <br /> (c) An amount stated in a written order signed by an <br /> authorized officer of Issuer that shall be sufficient to <br /> cause the amounts on deposit in the Mortgage Reserve Fund <br /> and the Capital Reserve Fund to equal the Mortgage Reserve <br /> Requirement and the Capital Reserve Requirement, respec- <br /> tively. <br /> -8- <br />
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