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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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2/5/2019 2:38:38 PM
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Ordinances
Number
2019-03
Date
1/29/2019
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SECOND GRANTING CLAUSE <br />Any and all other property or money of every name and nature which is, from time to <br />time hereafter by delivery or by writing of any kind, conveyed, pledged, assigned or transferred, <br />to the Trustee as additional security hereunder by the City or by anyone on its behalf or with its <br />written consent, and the Trustee is hereby authorized to receive any and all such property or <br />money at any and all times and to hold and apply the same subject to the terms thereof; and <br />THIRD GRANTING CLAUSE <br />Any and all proceeds of the foregoing property and proceeds from the investment of the <br />foregoing property; <br />TO HAVE AND TO HOLD the Trust Estate, whether now owned or hereafter acquired, <br />unto the Trustee and its successors or assigns; <br />IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the benefit <br />of all present and future Owners of the Bonds from time to time issued under and secured by this <br />Indenture, and for enforcement of the payment of the Bonds in accordance with their terms, and <br />for the performance of and compliance with the obligations, covenants, and conditions of this <br />Indenture; <br />PROVIDED, HOWEVER, if the City or its assigns shall well and truly pay, or cause to <br />be paid, the principal or Redemption Price of and the interest on the Bonds at the times and in the <br />manner stated in the Bonds, according to the true intent and meaning thereof, then this Indenture <br />and the rights hereby granted shall cease, terminate and be void; otherwise this Indenture is to be <br />and remain in full force and effect; <br />IN ADDITION, the Bonds are special obligations of the City payable solely from the <br />Pledged Revenues, as and to the extent provided in this Indenture. The Bonds do not give rise to <br />a charge against the general credit or taxing powers of the City and are not payable except as <br />provided in this Indenture. Notwithstanding anything to the contrary herein, the Owners of the <br />Bonds shall never have the right to demand payment thereof out of any funds of the City other <br />than the Pledged Revenues. The City shall have no legal or moral obligation to pay for the <br />Bonds out of any funds of the City other than the Pledged Revenues. <br />THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all <br />Bonds issued and secured hereunder are to be issued, authenticated, and delivered and the Trust <br />Estate hereby created, assigned, and pledged is to be dealt with and disposed of under, upon and <br />subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses, and purposes as <br />hereinafter expressed, and the City has agreed and covenanted, and does hereby agree and <br />covenant, with the Trustee and with the respective Owners from time to time of the Bonds as <br />follows: <br />5 <br />
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