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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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City Clerk - Document
Ordinances
Number
2019-03
Date
1/29/2019
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Section 13.3. Books of Record. <br />(a) The City shall cause to be kept full and proper books of record and accounts, in <br />which full, true and proper entries will be made of all dealings, business and affairs of the City, <br />which relate to the Pledged Revenues, the Pledged Funds, and the Bonds. <br />(b) The Trustee shall have no responsibility with respect to the financial and other <br />information received by it pursuant to this Section 13.3 except to receive and retain same, subject <br />to the Trustee's document retention policies, and to distribute the same in accordance with the <br />provisions of this Indenture. <br />ARTICLE XIV <br />PAYMENT AND CANCELLATION OF THE BONDS AND SATISFACTION OF THE <br />INDENTURE <br />Section 14.1. Trust Irrevocable. <br />The trust created by the terms and provisions of this Indenture is irrevocable until the <br />Bonds secured hereby are fully paid or provision is made for their payment as provided in this <br />Article. <br />Section 14.2. Satisfaction of Indenture. <br />If the City shall pay or cause to be paid, or there shall otherwise be paid to the Owners, <br />principal of and interest on all of the Bonds, at the times and in the manner stipulated in this <br />Indenture, and all amounts due and owing with respect to the Bonds have been paid or provided <br />for, then the pledge of the Trust Estate and all covenants, agreements, and other obligations of <br />the City to the Owners of such Bonds, shall thereupon cease, terminate, and become void and be <br />discharged and satisfied. In such event, the Trustee shall execute and deliver to the City copies of <br />all such documents as it may have evidencing that principal of and interest on all of the Bonds <br />has been paid so that the City may determine if this Indenture is satisfied; if so, the Trustee shall <br />pay over or deliver all moneys held by it in the Funds and Accounts held hereunder as directed in <br />writing by the City. <br />Section 14.3. Bonds Deemed Paid. <br />(a) Any Outstanding Bonds shall, prior to the Stated Maturity or redemption date <br />thereof, be deemed to have been paid and no longer Outstanding within the meaning of this Trust <br />Indenture (a "Defeased Debt"), and particularly this Article XIV, when payment of the principal <br />of, premium, if any, on such Defeased Debt, plus interest thereon to the due date thereof <br />(whether such due date be by reason of maturity, redemption, or otherwise), either (1) shall have <br />been made in accordance with the terms thereof, or (2) shall have been provided by irrevocably <br />depositing with the Trustee, in trust, and irrevocably set aside exclusively for such payment, (A) <br />money sufficient to make such payment or (B) Defeasance Securities, certified by an <br />independent public accounting firm of national reputation to mature as to principal and interest in <br />71 <br />
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