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AMENDED AND RESTATED <br /> INDENTURE OF TRUST <br /> WHEREAS, the City of San Marcos, Texas (the "City") has previously entered into that <br /> certain Indenture of Trust, dated as of January 15, 2019, as revised January 29, 2019 (the "2019 <br /> Indenture")between the City and UMB Bank,N.A., as Trustee (the"Trustee"); and <br /> WHEREAS, pursuant to the 2019 Indenture, the City is authorized to modify or amend <br /> the 2019 Indenture and the rights and obligations of the City and of the owners of the City of San <br /> Marcos, Texas, Special Assessment Revenue Bonds, Series 2019 (Trace Public Improvement <br /> District) (the "2019 Bonds") at any time by a Supplemental Indenture (as defined in the 2019 <br /> Indenture), without the consent of any owners of the 2019 Bonds, so long as such amendments or <br /> modifications do not adversely affect the 2019 Bonds in any material respect; and <br /> WHEREAS, in connection with the City's issuance of Additional Bonds (as defined in <br /> the 2019 Indenture), the City wishes to amend and restate the 2019 Indenture in its entirety as <br /> this Amended and Restated Indenture of Trust, dated as of January 1, 2024 (this "Indenture"), by <br /> and between the City and the Trustee; <br /> NOW, THEREFORE: <br /> SECTION 1: Amended and Restated Indenture. The 2019 Indenture is hereby amended <br /> and restated in its entirety as follows: <br />