82-25 AUTHORIZING, APPROVING, RATIFYING AND CONFIRMING CERTAIN ADDITIONS AND CHANGES TO ECONOMIC DEVELOPMENT REVENUE BONDS (BRETTWOOD VILLAGE ASSOCIATES PROJECT)

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Any Bond and the coupons appertaining thereto shall be deemed to be paid when payment of the principal of, and premium, if any, on such Bonds plus interest thereon to the due date thereof (whether such due date be by reason of maturity or upon redemption or otherwise) , either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (1) Eligible Moneys suffi- cient to make such payment, or (2) Governmental Obligations (provided that such deposit does not, and is not then reasonably expected to, affect the tax-exempt status of the interest on any of the Bonds, or cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 103(c) of the Code) purchased with Eligible Moneys which are not callable prior to their maturity and which mature and bear interest in such amount and at such times as will provide sufficient moneys to make such payment, and all necessary and proper fees, compensation and expenses of the Trustee and the Paying Agent pertaining to the Bonds with respect to which such deposit is made, and all other liabil- ities of the Partnership under the Loan Agreement, shall have been paid, or the payment thereof provided for to the satisfaction of the Trustee. At such times as a Bond shall be deemed to be paid, as aforesaid, such Bond shall no longer be secured by or be entitled to the benefits of the Indenture, except for the purposes of any such payment from such moneys or Governmental Obligations. Notwithstanding the foregoing, in the case of Bonds which by their terms may be redeemed prior to the stated maturities thereof, no deposit under clause (ii) above shall be deemed a payment of such Bonds as aforesaid: (a) as to any such Bonds as are not at the time of the making of such deposit redeemable within the next succeeding 60 days in accordance with the provisions of this Indenture until either (1) such Bonds shall have been irrevocably called or designated for redemption on the first date thereafter on which such Bonds may be redeemed in accordance with the provisions of the Indenture or (2) until the respective stated maturities thereof: (b) as to any such Bonds as are at the time ot the making of such deposit redeemable within the next succeeding 60 days in accordance with the provisions of the Indenture, until (1) the date fixed for their redemption or (2) the respective stated maturies thereof; and (c) as to all such Bonds which are to be redeemed prior to their respective stated maturities, until proper notice of such redemption shall have been previously published in accordance with the Indenture or in the event said Bonds are not by their terms subject to redemption within the next succeeding 60 days, until the Partnership shall have given the Trustee on behalf of the issuer, in form satisfactorq to it irrevocable instructions to publish, as soon as practicable, in the manner prescribed by the Indenture, a notice to the holders of such Bonds and coupons that the deposit required by (ii) above has been made with the Trustee and that said Bonds and coupons are accordingly deemed to have been paid and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or redemption price, if applicable, on said Bonds. 26