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<br />INDENTURE OF TRUST <br /> <br />This INDENTURE OF TRUST (the "Indenture..). dated as of May 1. 2002. by and <br />between the CITY OF PLEASANTON, a municipal corporation duly organized and validlv <br />existing under and by virtue of the Constitution and laws of the State of California (the "Cityn) <br />and U.S, BANK. N.A., a national banking association. duly organized and existing under and by <br />virtue of the laws of the United States. as trustee (the .'Trustee'), <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS. the City has previously entered into a 1989 lrnprovement Agreernent. dated <br />as of September I, 1989 (the "Improvement Agreement"") with the City of Pleasanton Public <br />Facilities Corporation (the '.Corporation..), and a Trust Agreement. dated as of September 1. <br />1989 (the "Trust AgreemenC) among the City. the Corporation and U,S" N.A. ( as successor to <br />the original trust~e named therein) (the "Prior Trustee.). pursuant to which there has been <br />executed the 1989 Certificates of Participation (Cross-Town Sanitary Sewer Project) (the .'Prior <br />Obligations"); and <br /> <br />WHEREAS. the City is authorized pursuant to Articles 10 and I 1. Division 2. Title 5 <br />(comrnencing with Section 53570) of the California Government Code. as amended (the ..Law..). <br />to issue revenue bonds to provide funds to refund its outstanding indebtedness which is payable <br />from revenues of the Enterprise (as defined herein); and <br /> <br />WHEREAS. in order to refund the Prior Obligations in whole. the City has decided to <br />issue its Sewer Revenue Refunding Bonds. Series 2002 in an aggregate principal amount of <br />S . secured by Net Revenues as provided herein: and <br /> <br />WHEREAS. the City hereby certifies that all acts. conditions and things required by law <br />to exist. to have happened and to have been performed precedent to and in connection with the <br />execution and entering into of this Indenture by such party does exist. have happened and have <br />been performed in regular and due time. form and manner as required by law. and the parties <br />hereto are now duly authorized to execute and enter into this Indenture: <br /> <br />NOW. THEREFORE. IN CONSIDERATION OF THE PROMISES AND OF THE <br />MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER <br />VALUABLE CONSIDERATION. THE PARTIES HERETO DO HEREBY AGREE AS <br />FOLLOWS: <br /> <br />-1- <br /> <br />Pleasanton Cross Town Indenture (2l.DGC <br />