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WHEREAS, the Corporation, under and pursuant to an <br />assignment agreement (the "Assignment Agreement") dated as of <br />October 1, 1987 by and between the Corporation and Bank of <br />America National Trust and Savings Association, a national <br />banking association duly organized and existing under and by <br />virtue of'the laws of the United States of America, as trustee <br />(the "Trustee"), has assigned without recourse all its rights <br />to receive the base rental payments scheduled to be paid by <br />the City under and pursuant to the Facility Lease to the <br />Trustee for the benefit of the owners of certificates of <br />participation (the "Certificates") to be executed and <br />delivered under a trust agreement (the "Trust Agreement") <br />dated as of October 1, 1987, by and among the Trustee, the <br />Corporation and the City; and <br /> <br /> WHEREAS, all acts, conditions and things required by <br />law to exist, to have happened and to have been performed <br />precedent to and in connection with the execution and entering <br />into of this agency agreement (the "Agency Agreement") do <br />exist, have happened and have been performed in regular and <br />due time, form and manner as required by law, and the parties <br />hereto are now duly authorized to execute and enter into the <br />Agency Agreement; <br /> <br /> NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND <br />OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND <br />FOR OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY <br />AGREE AS FOLLOWS: <br /> <br /> 2 <br />1455S <br /> <br /> <br />