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TRUST AGREEMENT <br />This TRUST AGREEMENT, made and entered into as of April 1, 1994, by and <br />between FIRST TRUST CALIFORMA, a duly organized and existing under and <br />by virtue of the laws of (the "Trustee") and the PLEASANTON JOINT <br />POWERS FINANCING AUTHORITY, a joint powers authority duly organized and validly <br />existing under and by virtue of the laws of the State of California (the "Authority'); <br />WITNESSETH: <br />WHEREAS, the Authority and [he City of Pleasanton have executed and entered <br />into two Installment Purchase Contracts, each dated as of May ], 1994 (collectively, the <br />"Installment Purchase Contracts"), whereby the City has agreed to acquire from [he Authority the <br />Projects for [he purposes of refinancing the costs of the Acquisition of [he Projects, as described <br />therein and ht the manner described therein; and <br />WI~REAS, under and pursuant to the Installment Purchase Contracts, the City is <br />obligated to pay to the Authority Installment Payments (as defined herein) and interest thereon for <br />the costs of such acquisition; and <br />WHEREAS, the Authority has agreed to execute and deliver its Refunding Water <br />and Sewer Revenue Bonds, 1994 Series A in an aggregate principal amount equal to the aggregate <br />principal amount of such Installment Payments, each secured by such InstaWnent Payments and <br />interest therm; and <br />WHEREAS, the Authority hereby certifies that all acts, conditions and things <br />required by law to exist, to have happened and to have been performed precedent to and in <br />connection with the execution and entering into of this Trust Agreement by such party does exist, <br />have happened and have been performed in regular and due time, form and manner as required by <br />law, and the parties hereto are now duly authorized to execute and enter into this Trust Agreement; <br />NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OF <br />THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR <br />OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS <br />FOLLOWS: <br />ARTICLEI <br />DEFINITIONS; EQUAL SECURITY <br />Section i.01. Definitions. Unless the context otherwise requires, the terms defined <br />in this Section 1.01 shall for all purposes hereof and of any amendment hereof or supplement hereto <br />and of the Bonds and of any certificate, opinion, request or other document mentioned herein or <br />therein have the meanings defined herein, the following definitions to be equally applicable to both <br />the singular and plural forms of any of the terms defined herein. All capitalized terms used herein <br />and not defined herein shall have the meaning ascribed thereto ut the applicable Installment <br />Purchase Contract: <br />