Common use of GRANTING CLAUSE FOURTH Clause in Contracts

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONE

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any rights of Mortgagor as lessor under the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after Leases in effect on the date of execution of this Mortgage or hereafter entered into by Mortgagor, including modifications, extensions and delivery renewals of all of the Original Indenturesame, to vendors' Liensand the immediate and continuing right as security in accordance with the Assignment of Leases and Rents, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that ifand, after the occurrence, and during the continuance, of an Event of Default, to (a) make claim for, collect, receive and receipt for (and to apply the same as provided herein) any and all rents, fees, charges, income, revenues, issues, profits, security and other sums of money payable or receivable thereunder or pursuant thereto, and all proceeds thereof, whether payable as rent, insurance proceeds, condemnation awards, security or otherwise and whether payable prior to or subsequent to the Stated Maturity of any of the Debt Documents, (b) receive and give notices and consents thereunder, (c) bring actions and proceedings thereunder or for the enforcement thereof, (d) make waivers and agreements thereunder or with respect thereto, (e) take such action upon the happening of a default under any Lease, including the commencement, conduct and consummation of any proceedings at law or in equity as shall be permitted by any provision of any Lease, and (f) do any and all things which Mortgagor or any lessor is or may become entitled to do under the Leases; provided, that, except as may be set forth to the contrary in the Assignment of Leases and Rents, the assignment made by this Granting Clause Fourth shall not impair or diminish any right, title and interest privilege or obligation of Mortgagor under the Trustee in and to the Mortgaged Property Leases nor shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted shall cease, terminate and any such obligation be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONEimposed upon Mortgagee.

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected the Corporation’s rights to the Lien of the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, TIF Payments due from the Lien City pursuant to the TIF Obligation. Granting Clause Fifth All moneys and operation investments in the funds and accounts created pursuant to this Trust Agreement (except such funds or accounts as may be created by the Trustee exclusively for the payment of arbitrage rebate related to the Mortgage Bonds) and all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee and its successors in trust and its and their assigns forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; BUT IN TRUST, NEVERTHELESS, and subject to the provisions hereof, and subject to the Bonds provided for herein and the Purchase and Use Agreement, except as provided otherwise herein, for the equal and proportionate benefit benefit, security and protection of all present and future Holders of the Bonds executed and delivered under and secured by this Trust Agreement; for the enforcement of the payment of Base Payments by the City when payable, according to the true intent and meaning thereof and of this Trust Agreement (including without limitation the payment of fees and expenses of the Trustee); and to secure the performance and observance of, and compliance with the covenants, agreements, obligations, terms and conditions of, this Trust Agreement, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Bond over any other Bond by reason of series designation, number, date of the Bond or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that each of the Bonds shall have the same right, lien and privilege under this Trust Agreement as all other Bonds and shall be secured equally and ratably hereby, it being intended that the lien and security of this Trust Agreement shall take effect from the Holders from time date hereof, without regard to time the date of the actual execution, delivery, sale or disposition of the Bonds as though upon that date all Outstanding Securities without any priority of any such Security over any other such Securitythe Bonds were actually executed, sold and delivered to purchasers for value; PROVIDEDprovided, HOWEVERhowever, that ifthe amounts on deposit in the subaccounts, after the rightif any, title and interest of the Trustee in Facilities Purchase Account (defined herein) and to Reserve Account (defined herein) established for a particular series of Bonds shall be available solely for the Mortgaged Property shall have ceasedbenefit of such series (and for no other series) of Bonds; and provided, terminated and become void in accordance with Article Nine of the Original Indenturefurther, that (i) if the principal of the Bonds and premium, if any, and interestthe interest due or to become due with respect thereto shall be well and truly paid, at the times and in the manner to which reference is made in the Bonds, according to the true intent and meaning thereof; and (ii) if anyall of the covenants, on agreements, obligations, terms and conditions of the Securities Corporation under this Trust Agreement shall have been kept, performed and observed and there shall have been paid to the Holders thereofTrustee, as such and as the Paying Agent (as defined herein), all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage then, this Trust Agreement and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Bonds, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Trust Agreement shall be and remain in full force and effect; . It is declared that all Bonds executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby are to be executed, authenticated and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Trust Agreement. The Corporation and the Trustee have each agreed and covenanted, and agree and covenant with each other and with each and all Holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All Any and all other property rights and interests of whatever every kind and nature from time to time hereafter by delivery or by writing of any kind granted, bargained, sold, alienated, demised, released, conveyed, assigned, transferred, mortgaged, pledged, hypothecated or otherwise subjected hereto, as and for additional security herewith, by the Company or intended any other person on its behalf or with its written consent or by the Issuer or any other person on its behalf or with its written consent, and the Trustee is hereby authorized to be subjected receive any and all such property at any and all times and to hold and apply the same subject to the Lien of terms hereof. TO HAVE AND TO HOLD all and singular the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the CompanyTrust Estate, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee and its respective successors in said trust and assigns forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal and proportionate benefit benefit, security and security protection of all present and future Owners of the Holders Bonds, from time to time of all Outstanding Securities time, issued under and secured by this Indenture without any privilege, priority or distinction as to the lien or otherwise of any such Security of the Bonds over any of the other such SecurityBonds except in the case of funds held hereunder for the benefit of particular Owners of Bonds, and for the benefit of the Bank to the extent provided herein; PROVIDED, HOWEVER, that ifif the Issuer, after the rightits successors or assigns shall well and truly pay, title and interest of the Trustee in and or cause to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenturebe paid, the principal of and of, premium, if any, and interest, if any, interest on the Securities Bonds due or to become due thereon, at the times and in the manner set forth in the Bonds according to the true intent and meaning thereof, and shall have been cause the payments to be made on the Bonds as required hereunder, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the terms of this Indenture, and shall pay or cause to be paid to the Holders thereof, Trustee all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case upon the Mortgage final payment thereof this Indenture and the estate and rights thereby hereby granted shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver except to the Company such instruments as the Company shall require to evidence the discharge thereofextent specifically provided in ARTICLE VIII hereof; otherwise the Mortgage this Indenture shall be and remain in full force and effect; . THIS INDENTURE FURTHER WITNESSETH, and THE PARTIES HEREBY FURTHER COVENANT AND AGREE it is declared, that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and all said property, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged are to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, and the Issuer has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective Owners of the Bonds as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind moneys and nature subjected or intended investments in the funds created pursuant to be subjected this Trust Agreement (except the Rebate Fund referred to the Lien of the Mortgage by any of the terms in Section 5.10 hereof), and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee and its successors in that trust and its and their assigns forever; SUBJECTBUT IN TRUST, HOWEVERNEVERTHELESS, and subject to Permitted Liens the provisions hereof, and subject to the Obligations provided for herein and the Facilities Agreement, except as provided otherwise herein, for the equal benefit, security and protection of all present and future Holders of the Obligations executed and delivered under and secured by this Trust Agreement; for the enforcement of the payment of Base Payments by the County when payable, according to the true intent and meaning thereof and of this Trust Agreement; and to Liens which secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Trust Agreement, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Obligation over any other Obligation by reason of designation, number, date of the Obligation or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that the Obligations shall have been granted by the Company to same right, lien and privilege under this Trust Agreement as all other Persons prior Obligations and shall be secured equally and ratably hereby, it being intended that the lien and security of this Trust Agreement shall take effect from the date hereof, without regard to the date of the execution and delivery actual execution, delivery, sale or disposition of the Original Indenture and subject also, Obligations as to any property acquired by the Company after the though upon that date of execution and delivery all of the Original IndentureObligations were actually executed, sold and delivered to vendors' Lienspurchasers for value; provided, purchase money mortgages however, that if the principal of the Obligations and other Liens thereon the interest due or to become due with respect thereto shall be well and truly paid, at the time of times and in the acquisition thereof (includingmanner to which reference is made in the Obligations, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject according to the Lien true intent and meaning thereof, or the Outstanding Obligations of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property a particular Series shall have ceased, terminated been paid and become void discharged in accordance with Article Nine IX hereof, and if all of the Original Indenturecovenants, agreements, obligations, terms and conditions of the principal of Corporation under this Trust Agreement shall have been kept, performed and premium, if any, observed and interest, if any, on the Securities there shall have been paid to the Holders thereofTrustee, all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Trust Agreement and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Obligations, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Trust Agreement shall be and remain in full force and effect; . It is declared that all Obligations executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby are to be executed and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Trust Agreement. The Corporation and the Trustee have each agreed and covenanted, and agree and covenant with each other and with each and all Holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind moneys and nature subjected or intended investments in the funds created pursuant to be subjected this Trust Agreement (except the Rebate Fund referred to the Lien of the Mortgage by any of the terms in Section 5.10 hereof), and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee and its successors in that trust and its and their assigns forever; SUBJECTBUT IN TRUST, HOWEVERNEVERTHELESS, and subject to Permitted Liens the provisions hereof, and subject to the Series 2020 Bonds provided for herein and the Facilities Agreement, except as provided otherwise herein, for the equal benefit, security and protection of all present and future Holders of the Series 2020 Bonds executed and delivered under and secured by this Trust Agreement; for the enforcement of the payment of Base Payments by the County when payable, according to the true intent and meaning thereof and of this Trust Agreement; and to Liens which secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Trust Agreement, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Bond over any other Bond by reason of designation, number, date of the Bond or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that the Series 2020 Bonds shall have been granted by the Company to same right, lien and privilege under this Trust Agreement as all other Persons prior Bonds and shall be secured equally and ratably hereby, it being intended that the lien and security of this Trust Agreement shall take effect from the date hereof, without regard to the date of the execution and delivery actual execution, delivery, sale or disposition of the Original Indenture and subject also, Series 2020 Bonds as to any property acquired by the Company after the though upon that date of execution and delivery all of the Original IndentureSeries 2020 Bonds were actually executed, sold and delivered to vendors' Lienspurchasers for value; provided, purchase money mortgages however, that if the principal of the Series 2020 Bonds and other Liens thereon the interest due or to become due with respect thereto shall be well and truly paid, at the time of times and in the acquisition thereof (includingmanner to which reference is made in the Series 2020 Bonds, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject according to the Lien true intent and meaning thereof, or the Outstanding Bonds of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property a particular Series shall have ceased, terminated been paid and become void discharged in accordance with Article Nine IX hereof, and if all of the Original Indenturecovenants, agreements, obligations, terms and conditions of the principal of Corporation under this Trust Agreement shall have been kept, performed and premium, if any, observed and interest, if any, on the Securities there shall have been paid to the Holders thereofTrustee, all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Trust Agreement and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Series 2020 Bonds, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Trust Agreement shall be and remain in full force and effect; . It is declared that all Bonds executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby are to be executed and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Trust Agreement. The Corporation and the Trustee have each agreed and covenanted, and agree and covenant with each other and with each and all Holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture (including, but not limited to, the Lien of the DLC 1947 Mortgage), and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All Any and all other property of whatever kind rights and nature subjected interests in property, whether tangible or intended intangible, required to be subjected subject to the Lien lien hereof, or from time to time by delivery or by writing of any kind conveyed, mortgaged, pledged, assigned or transferred as and for additional security hereunder by the Mortgage Grantor or by anyone in the Grantor’s behalf or with the Grantor’s written consent to the Grantee, which are hereby authorized to receive any of and all such property at any and all times and to hold and apply the same subject to the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; hereof. TO HAVE AND TO HOLD all such propertyand singular the Mortgaged Property hereby conveyed, realgranted and assigned, personal and mixedas agreed or intended so to be, unto the Trustee Grantee, its successors and assigns forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; . PROVIDED, HOWEVER, that ifand this instrument is upon the express condition that, after if the rightGrantor pays, title or causes to be paid (i) the entire principal sum of the Bonds and the premium (if any) and interest of the Trustee in and thereon to the Mortgaged Property shall have ceased, terminated Grantee and become void (ii) all other sums payable by the Grantor to the Grantee as are secured hereby in accordance with Article Nine the provisions of the Original IndentureBonds, the principal of Loan Agreement, the Bond Purchase Agreement and premiumthis Mortgage, if anyat the times and in the manner specified, without deduction, fraud or delay, and interest, if any, on the Securities shall have been paid to the Holders thereofGrantor performs and complies with, or shall have been paid causes to be performed and complied with, all the Company pursuant to Section 603 of agreements, conditions, covenants, provisions and stipulations contained herein and in the Original IndentureBonds, the Loan Agreement and the Bond Purchase Agreement, then and in that case the this Mortgage and the estate and rights thereby security interest hereby granted shall terminate, cease, terminate determine and be void, ; otherwise this Mortgage and the Trustee shall cancel estate and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage security interest hereby granted shall be and remain in full force and effect; . The Grantor does hereby further agree and THE PARTIES HEREBY FURTHER COVENANT AND AGREE covenant with the Grantee as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended required to be subjected to the Lien of the Mortgage Indenture by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage Indenture all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee Trustee, its successors in trust and their assigns forever; SUBJECT, HOWEVER, to Permitted (a) Liens and to Liens which have been granted by the Company to other Persons prior to existing at the date of the execution and delivery of the Original Indenture and subject also(including, but not limited to, the Lien of the PSCO 1939 Mortgage), (b) as to any property acquired by the Company after the date of the execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens existing or placed thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" MortgageA Mortgage and purchase money Liens), (c) Retained Interests and (d) any other Permitted Liens, it being understood that that, with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" A Mortgage, the Lien of the Mortgage Indenture shall at all times be junior junior, subject and subordinate to the Lien of such Class "A" A Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceasedcease, terminated terminate and become void in accordance with with, and subject to the conditions set forth in, Article Nine of the Original Indenture, and if, thereafter, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted Indenture shall cease, terminate and be voidterminate, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereofsuch termination; otherwise the Mortgage Indenture, and the estate and rights thereby granted, shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONE

GRANTING CLAUSE FOURTH. All proceeds from any property described in these Granting Clauses and any and all other property of whatever kind every name and nature subjected from time to time hereafter, by delivery or intended to be subjected by writing of any kind, conveyed, pledged, assigned or transferred, as and for additional security hereunder by the City or by anyone on its behalf or with its written consent, to the Lien of Trustee, which is hereby authorized to receive any and all such property at any and all times and to hold and apply the Mortgage by any of same subject to the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from TO HAVE AND TO HOLD the Lien and operation of the Mortgage all Excepted Property of the CompanyTrust Estate, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee foreverand its successors or assigns; SUBJECTIN TRUST NEVERTHELESS, HOWEVERupon the terms and trusts herein set forth, for the following beneficiaries, as their interests may appear: all present and future Owners of the Obligations from time to Permitted Liens time issued under and secured by this Indenture, each Credit Provider, each Person to Liens which have been granted by whom Administrative Expenses and Indemnification Obligations are owed, and RentCo and the Company Tenant with respect to other Persons prior amounts owed thereto as specified herein; and for the payment of the Obligations and the Credit Agreement Obligations in accordance with their terms, the payment of Administrative Expenses and Indemnification Obligations to the date Person or Persons to whom such Administrative Expenses and Indemnification Obligations are owed, the payment of amounts due and owing to RentCo and the Tenant as specified herein, and the payment of all other sums payable hereunder; and for the performance of and compliance with the obligations, covenants and conditions of this Indenture, as if all the Obligations at any time Outstanding had been authenticated, executed and delivered, and the Credit Agreement Obligations had been executed and delivered, and all Administrative Expenses and Indemnification Obligations and amounts due and owing to RentCo and the Tenant had been due and owing, simultaneously with the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original this Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood understood, however, that amounts payable with respect to any of such property which was at the date of execution Obligations and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage Credit Agreement Obligations shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any have a priority of any such Security over any other such Securitylien on the Trust Estate established herein, all as set forth herein; PROVIDED, HOWEVER, that ifif the City or assigns, after shall well and truly pay, or cause to be paid, its obligations for Debt Service at the righttimes and in the manner stated in the Obligations and Credit Agreement Obligations, title according to the true intent and interest of meaning thereof, and has paid or shall cause to be paid to the Trustee in Persons to whom any Administrative Expenses and Indemnification Obligations are due, and shall have paid to RentCo and to the Mortgaged Property Tenant all amounts payable hereunder, and shall have ceasedwell and truly keep, terminated perform and observe all the covenants and conditions pursuant to the terms of this Indenture to be kept, performed and observed by it, and shall pay or cause to be paid to the Trustee, all Paying Agents and each Credit Provider, all sums of money due or to become void due to them in accordance with Article Nine of the Original Indenture, the principal of terms and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indentureprovisions hereof, then and in that case the Mortgage this Indenture and the estate and rights thereby hereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall this Indenture is to be and remain in full force and effect; . THIS INDENTURE FURTHER WITNESSETH, and THE PARTIES HEREBY FURTHER COVENANT AND AGREE it is expressly declared, that all Obligations and Credit Agreement Obligations issued and secured hereunder are to be issued, authenticated and delivered, and the Trust Estate hereby assigned and pledged is to be dealt with and disposed of, under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the City has agreed and covenanted, and does hereby agree and covenant, with the Trustee and with the respective Owners and Credit Providers from time to time of the Obligations and Credit Agreement Obligations, and with the Person or Persons to whom Administrative Expenses and Indemnification Obligations are owed, and with the Tenant and RentCo, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind moneys and nature subjected or intended investments in the funds created pursuant to be subjected to the Lien of the Mortgage by any of the terms this Trust Agreement, and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee and its successors in that trust and its and their assigns forever; SUBJECTBUT IN TRUST, HOWEVERNEVERTHELESS, and subject to Permitted Liens the provisions hereof, and subject to the Series 2015 Bonds provided for herein and the Facilities Agreement, except as provided otherwise herein, for the equal benefit, security and protection of all present and future Holders of the Series 2015 Bonds executed and delivered under and secured by this Trust Agreement; for the enforcement of the payment of Base Payments by the City when payable, according to the true intent and meaning thereof and of this Trust Agreement; and to Liens which secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Trust Agreement, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Bond over any other Bond by reason of designation, number, date of the Bond or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that the Series 2015 Bonds shall have been granted by the Company to same right, lien and privilege under this Trust Agreement as all other Persons prior Bonds and shall be secured equally and ratably hereby, it being intended that the lien and security of this Trust Agreement shall take effect from the date hereof, without regard to the date of the execution and delivery actual execution, delivery, sale or disposition of the Original Indenture and subject also, Series 2015 Bonds as to any property acquired by the Company after the though upon that date of execution and delivery all of the Original IndentureSeries 2015 Bonds were actually executed, sold and delivered to vendors' Lienspurchasers for value; provided, purchase money mortgages however, that if the principal of the Series 2015 Bonds and other Liens thereon the interest due or to become due with respect thereto shall be well and truly paid, at the time of times and in the acquisition thereof (includingmanner to which reference is made in the Series 2015 Bonds, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject according to the Lien true intent and meaning thereof, or the Outstanding Bonds of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property a particular Series shall have ceased, terminated been paid and become void discharged in accordance with Article Nine IX hereof, and if all of the Original Indenturecovenants, agreements, obligations, terms and conditions of the principal of Corporation under this Trust Agreement shall have been kept, performed and premium, if any, observed and interest, if any, on the Securities there shall have been paid to the Holders thereofTrustee, all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Trust Agreement and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Series 2015 Bonds, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Trust Agreement shall be and remain in full force and effect; . It is declared that all Bonds executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby are to be executed and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Trust Agreement. The Corporation and the Trustee have each agreed and covenanted, and agree and covenant with each other and with each and all Holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property proceeds of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any of the items pledged pursuant to Granting Clauses First through Third above. IN TRUST NEVERTHELESS, upon the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, trusts herein set forth for the equal and proportionate benefit benefit, security and security protection of all present and future owners of the Holders Bonds, from time to time of all Outstanding Securities issued under and secured by this Indenture without any privilege, priority or distinction as to the lien or otherwise of any such Security of the Bonds over any other such Security; Bonds. PROVIDED, HOWEVER, that ifif the Issuer, after the rightits successors or assigns, title shall well and interest of the Trustee in and truly pay, or cause to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenturebe paid, the principal of the Bonds and premium, if any, and interestthe interest due or to become due thereon, if anyat the times and in the manner mentioned in the Bonds, according to the true intent and meaning thereof, and shall cause the payments to be made into the Bond Fund as required under Article V hereof or shall provide, as permitted by Article VIII hereof, for the payment thereof by depositing with the Trustee the entire amount due or to become due on all Bonds, and shall well and truly keep, perform and observe all the Securities covenants and conditions pursuant to the terms of this Indenture to be kept, performed and observed by it, and shall have been pay or cause to be paid to the Holders thereof, Trustee and all paying agents all sums of money due or shall have been paid to become due to them in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Indenture and the estate and rights thereby hereby granted shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall this Indenture to be and remain in full force and effect; . THIS INDENTURE OF TRUST FURTHER WITNESSETH, and THE PARTIES HEREBY FURTHER COVENANT AND AGREE it is expressly declared, that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and all Revenues (hereinafter defined) hereby assigned and pledged are to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the Issuer has agreed and covenanted, and does hereby agree and covenant, with the Trustee and with the respective owners from time to time of the Bonds, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All Any and all other property of whatever kind rights and nature subjected interests in property, whether tangible or intended intangible, required to be subjected subject to the Lien lien hereof, or from time to time by delivery or by writing of any kind conveyed, mortgaged, pledged, assigned or transferred as and for additional security hereunder by the Mortgage Grantor or by anyone in the Grantor’s behalf or with the Grantor’s written consent to the Grantee, which are hereby authorized to receive any of and all such property at any and all times and to hold and apply the same subject to the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; hereof. TO HAVE AND TO HOLD all such propertyand singular the Mortgaged Property hereby conveyed, realgranted and assigned, personal and mixedas agreed or intended so to be, unto the Trustee Grantee, its successors and assigns forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; . PROVIDED, HOWEVER, that ifand this instrument is upon the express condition that, after if the rightGrantor pays, title or causes to be paid (i) the entire principal sum of the Loans and the premium (if any) and interest of the Trustee in and thereon to the Mortgaged Property shall have ceased, terminated Grantee and become void (ii) all other sums payable by the Grantor to the Grantee as are secured hereby in accordance with Article Nine the provisions of the Original IndentureLoan Agreement, the principal of Notes and premiumthis Mortgage, if anyat the times and in the manner specified, without deduction, fraud or delay, and interest, if any, on the Securities shall have been paid to the Holders thereofGrantor performs and complies with, or shall have been paid causes to be performed and complied with, all the Company pursuant to Section 603 of agreements, conditions, covenants, provisions and stipulations contained herein and in the Original IndentureLoan Agreement, the Notes and this Mortgage, then and in that case the this Mortgage and the estate and rights thereby security interest hereby granted shall terminate, cease, terminate determine and be void, ; otherwise this Mortgage and the Trustee shall cancel estate and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage security interest hereby granted shall be and remain in full force and effect; . The Grantor does hereby further agree and THE PARTIES HEREBY FURTHER COVENANT AND AGREE covenant with the Grantee as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage Indenture by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage Indenture all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior pRior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage Indenture shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage Indenture and the estate and rights thereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage Indenture and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage Indenture shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended required to be subjected to the Lien of the Mortgage Indenture by any of the terms and provisions thereof; EXCEPTED PROPERTY Excepted Property Expressly excepting and excluding, however, from the Lien and operation of the Mortgage Indenture all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee Trustee, its successors in trust and their assigns forever; SUBJECT, HOWEVER, to Permitted (a) Liens and to Liens which have been granted by the Company to other Persons prior to existing at the date of the execution and delivery of the Original Indenture and subject also(including, but not limited to, the Lien of the PSCO 1939 Mortgage), (b) as to any property acquired by the Company after the date of the execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens existing or placed thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" MortgageA Mortgage and purchase money Liens), (c) Retained Interests and (d) any other Permitted Liens, it being understood that that, with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" A Mortgage, the Lien of the Mortgage Indenture shall at all times be junior junior, subject and subordinate to the Lien of such Class "A" A Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceasedcease, terminated terminate and become void in accordance with with, and subject to the conditions set forth in, Article Nine of the Original Indenture, and if, thereafter, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted Indenture shall cease, terminate and be voidterminate, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereofsuch termination; otherwise the Mortgage Indenture, and the estate and rights thereby granted, shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONEONE Securities of Series No. 4 There are hereby established the Securities of Series No. 4, which shall have the terms and characteristics set forth below (the lettered subdivisions set forth below corresponding to the lettered subdivisions of Section 301 of the Original Indenture):

GRANTING CLAUSE FOURTH. All other property of whatever kind moneys and nature subjected or intended investments in the funds created pursuant to be subjected to the Lien of the Mortgage by any of the terms this Indenture and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee Purchaser and its successors and its and their assigns forever; SUBJECTBUT IN TRUST, HOWEVERNEVERTHELESS, and subject to Permitted Liens the provisions hereof, and subject to the Series 2018 Bond provided for herein and the Facilities Agreement, except as provided otherwise herein, for the equal benefit, security and protection of all present and future holders of the Series 2018 Bond executed and delivered under and secured by this Indenture; for the enforcement of the payment of Base Payments by the City when payable, according to the true intent and meaning thereof and of this Indenture; and to Liens which secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Indenture, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Bond over any other Bond by reason of designation, number, date of the Bond or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that the Series 2018 Bond shall have been granted by the Company to same right, lien and privilege under this Indenture as all other Persons prior Bonds and shall be secured equally and ratably hereby, it being intended that the lien and security of this Indenture shall take effect from the date hereof, without regard to the date of the execution and delivery actual execution, delivery, sale or disposition of the Original Indenture Series 2018 Bond as though upon that date the Series 2018 Bond was actually executed, sold and subject alsodelivered to purchasers for value; provided, as to any property acquired by however, that if the Company after the date of execution and delivery principal of the Original IndentureSeries 2018 Bond and the interest due or to become due with respect thereto shall be well and truly paid, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of times and in the acquisition thereof (includingmanner to which reference is made in the Series 2018 Bond, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject according to the Lien true intent and meaning thereof, or the Outstanding Bonds of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property a particular Series shall have ceased, terminated been paid and become void discharged in accordance with Article Nine IX hereof, and if all of the Original Indenturecovenants, agreements, obligations, terms and conditions of the principal of Corporation under this Indenture shall have been kept, performed and premium, if any, observed and interest, if any, on the Securities there shall have been paid to the Holders thereofPurchaser, all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Indenture and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Series 2018 Bond, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Indenture shall be and remain in full force and effect; . It is declared that the Series 2018 Bond executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby is to be executed and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Indenture. The Corporation and the Purchaser have each agreed and covenanted, and agree and covenant with each other and with the holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind moneys and nature subjected or intended investments in the funds created pursuant to be subjected to the Lien of the Mortgage by any of the terms this Indenture and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; income thereon. TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee Purchaser and its successors and its and their assigns forever; SUBJECTBUT IN TRUST, HOWEVERNEVERTHELESS, and subject to Permitted Liens the provisions hereof, and subject to the Series 2018 Bond provided for herein and the Facilities Agreement, except as provided otherwise herein, for the equal benefit, security and protection of all present and future holders of the Series 2018 Xxxx executed and delivered under and secured by this Indenture; for the enforcement of the payment of Base Payments by the City when payable, according to the true intent and meaning thereof and of this Indenture; and to Liens which secure the performance and observance of and compliance with the covenants, agreements, obligations, terms and conditions of this Indenture, in each case, without preference, priority or distinction, as to lien or otherwise, of any one Bond over any other Bond by reason of designation, number, date of the Bond or of authorization, sale, execution, delivery or maturity thereof, or otherwise, so that the Series 2018 Bond shall have been granted by the Company to same right, lien and privilege under this Indenture as all other Persons prior Bonds and shall be secured equally and ratably hereby, it being intended that the lien and security of this Indenture shall take effect from the date hereof, without regard to the date of the execution and delivery actual execution, delivery, sale or disposition of the Original Indenture Series 2018 Bond as though upon that date the Series 2018 Xxxx was actually executed, sold and subject alsodelivered to purchasers for value; provided, as to any property acquired by however, that if the Company after the date of execution and delivery principal of the Original IndentureSeries 2018 Bond and the interest due or to become due with respect thereto shall be well and truly paid, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of times and in the acquisition thereof (includingmanner to which reference is made in the Series 2018 Bond, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject according to the Lien true intent and meaning thereof, or the Outstanding Bonds of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property a particular Series shall have ceased, terminated been paid and become void discharged in accordance with Article Nine IX hereof, and if all of the Original Indenturecovenants, agreements, obligations, terms and conditions of the principal of Corporation under this Indenture shall have been kept, performed and premium, if any, observed and interest, if any, on the Securities there shall have been paid to the Holders thereofPurchaser, all sums of money due or shall have been paid to become due to it in accordance with the Company pursuant to Section 603 of the Original Indentureterms and provisions hereof, then and in that case the Mortgage this Indenture and the estate and rights thereby granted assigned hereby shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver void with respect to the Company such instruments Series 2018 Bond, except as provided in Section 9.2 hereof with respect to the Company shall require to evidence the discharge thereofsurvival of certain provisions hereof; otherwise the Mortgage otherwise, this Indenture shall be and remain in full force and effect; . It is declared that the Series 2018 Xxxx executed and THE PARTIES HEREBY FURTHER COVENANT AND AGREE delivered hereunder and secured hereby is to be executed and delivered, and that all property assigned hereby is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and purposes provided in this Indenture. The Corporation and the Purchaser have each agreed and covenanted, and agree and covenant with each other and with the holders, as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All Any and all other moneys and securities from time to time held by the Trustee under the terms of this Indenture and any and all other real or personal property of whatever kind every name and nature subjected from time to time hereafter by delivery or intended to be subjected by writing of any kind conveyed, mortgaged, pledged, assigned or transferred, as and for additional security hereunder by the Issuer or by anyone in its behalf or with its written consent to the Lien Trustee which is hereby authorized to receive any and all such property at any and all times and to hold and apply the same for the benefit of the Mortgage by Registered Owners subject to the terms hereof. To the extent that the Trust Estate is not comprised of real property, this Indenture constitutes or shall be treated as constituting a security agreement, so that the Trustee shall have and may enforce a security interest to secure payments of all sums due or to become due under this Indenture in any or all of the terms aforesaid fixtures, accessions, machinery, equipment, tangible personal property, accounts, contract rights and provisions thereof; EXCEPTED PROPERTY Expressly excepting general intangibles and excluding, however, from the Lien and operation other articles of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, now owned or hereafter acquired, in addition to, but not in limitation of the lien upon the same as part of the realty imposed by the foregoing provisions hereof, such security interest to attach at the earliest moment permitted by law. TO HAVE AND TO HOLD all and singular the Trust Estate, whether now owned or hereafter acquired, unto the Trustee and its respective successors in said Trust Estate and assigns forever; SUBJECT, HOWEVER, to Permitted Liens Encumbrances (as defined in Article I hereof); Excepted Property There is, however, expressly excepted and excluded from the lien and operation of this Indenture the following described property of the Issuer, now owned or hereafter acquired (herein sometimes referred to Liens which have been granted as “Excepted Property”): Property installed by the Company to other Persons prior to the date Lessee or by any sublessee or licensee of the execution and delivery Lessee as provided in Section 8.03 of the Original Indenture Master Lease; and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the equal and proportionate benefit benefit, security and security protection of all present and future owners of the Holders Series 2023 Bonds and Additional Bonds, if any, from time to time of all Outstanding Securities time, issued under and secured by this Indenture without any privilege, priority or distinction as to the lien or otherwise of any such Security of the Series 2023 Bonds over any other such Securityof the others of the Bonds, except as expressly provided herein; PROVIDED, HOWEVER, that ifif the Issuer, after the rightits successors or assigns, title shall well and interest of the Trustee in and truly pay, or cause to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenturebe paid, the principal of the Series 2023 Bonds and the interest and premium, if any, due or to become due thereon at the times and interestin the manner mentioned in the Series 2023 Bonds according to the true intent and meaning thereof from Base Rentals received under the Master Lease and otherwise from the Trust Estate hereunder, if anyand shall cause the payments to be made into the Bond Fund as required under Article IV hereof from Base Rentals received under the Master Lease and otherwise from the Trust Estate hereunder, on or shall provide, as permitted hereby, for the Securities payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall have been well and truly keep, perform and observe all the covenants and conditions pursuant to the terms of this Indenture to be kept, performed and observed by it, and shall pay or cause to be paid to the Holders thereofTrustee all sums of money due or to become due to it in accordance with the terms and provisions hereof, or shall have been paid then upon such final payments and subject to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage next succeeding paragraph this Indenture and the estate and rights thereby hereby granted shall cease, terminate determine and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall this Indenture to be and remain in full force and effect; . THIS INDENTURE OF TRUST FURTHER WITNESSETH, and THE PARTIES HEREBY FURTHER COVENANT AND AGREE it is expressly declared, that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and all said property, rights and interests, including, without limitation, the Base Rentals, revenues and receipts, hereby assigned or pledged are to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the Issuer has agreed and covenanted, and does hereby agree and covenant, with the Trustee and the respective owners, from time to time, of the Series 2023 Bonds as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONE:

GRANTING CLAUSE FOURTH. All other property of whatever kind and nature subjected or intended to be subjected to the Lien of the Mortgage by any of the terms and provisions thereof; EXCEPTED PROPERTY Excepted Property Expressly excepting and excluding, however, from the Lien and operation of the Mortgage all Excepted Property of the Company, whether now owned or hereafter acquired; TO HAVE AND TO HOLD all such property, real, personal and mixed, unto the Trustee forever; SUBJECT, HOWEVER, to Permitted Liens and to Liens which have been granted by the Company to other Persons prior to the date of the execution and delivery of the Original Indenture (including, but not limited to, the Lien of the DLC 1947 Mortgage), and subject also, as to any property acquired by the Company after the date of execution and delivery of the Original Indenture, to vendors' Liens, purchase money mortgages and other Liens thereon at the time of the acquisition thereof (including, but not limited to, the Lien of any Class "A" Mortgage), it being understood that with respect to any of such property which was at the date of execution and delivery of the Original Indenture or thereafter became or hereafter becomes subject to the Lien of any Class "A" Mortgage, the Lien of the Mortgage shall at all times be junior and subordinate to the Lien of such Class "A" Mortgage; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the Holders from time to time of all Outstanding Securities without any priority of any such Security over any other such Security; PROVIDED, HOWEVER, that if, after the right, title and interest of the Trustee in and to the Mortgaged Property shall have ceased, terminated and become void in accordance with Article Nine of the Original Indenture, the principal of and premium, if any, and interest, if any, on the Securities shall have been paid to the Holders thereof, or shall have been paid to the Company pursuant to Section 603 of the Original Indenture, then and in that case the Mortgage and the estate and rights thereby granted shall cease, terminate and be void, and the Trustee shall cancel and discharge the Mortgage and execute and deliver to the Company such instruments as the Company shall require to evidence the discharge thereof; otherwise the Mortgage shall be and remain in full force and effect; and THE PARTIES HEREBY FURTHER COVENANT AND AGREE as follows: ARTICLE ONEthat this Supplemental Indenture No. 10 is a supplement to the Mortgage. As supplemented by this Supplemental Indenture No. 10, the Mortgage is in all respects ratified, approved and confirmed, and the Mortgage and this Supplemental Indenture No. 10 shall together constitute one and the same instrument.