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TRUST AGREEMENT <br /> <br /> This TRUST AGREEMENT, made and entered into as of <br />October 1, 1987, by and among BANK OF AMERICA NATIONAL TRUST <br />AND SAVINGS ASSOCIATION, a national banking association duly <br />organized and existing under and by virtue of the laws of the <br />United States of America (the "Trustee"), CITY OF PLEASANTON <br />PUBLIC FACILITIES CORPORATION, a nonprofit corporation duly <br />organized and existing under and by virtue of the laws of the <br />State of California (the "Corporation"), and the CITY OF <br />PLEASANTON, a municipal corporation and political subdivision <br />of the State of California (the "City"); <br /> <br /> W I TNE S S E TH: <br /> <br /> WHEREAS, the Corporation and the City have entered <br />into a lease, entitled "Facility Lease (Capital Projects I and <br />II)" and dated as of the date hereof (the "Facility Lease"); <br />and <br /> <br /> WHEREAS, under the Facility Lease, the City is <br />obligated to make base rental payments to the Corporation for <br />the lease of Capital Projects I and II; and <br /> <br /> WHEREAS, all rights to receive such base rental <br />payments have been assigned without recourse by the <br />Corporation to the Trustee pursuant to an agreement, entitled <br />"Assignment Agreement" and dated as of October 1, 1987 (the <br />"Assignment Agreement" ); and <br /> <br /> WHEREAS, in consideration of such assignment and the <br />execution of this Trust Agreement, the Trustee has agreed to <br />execute and deliver certificates of participation in an amount <br />equal to the aggregate principal components of such base <br />rental payments, each evidencing and representing a fractional <br />undivided interest in such base rental payments; 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 Trust Agreement do exist, have happened and have <br />been performed in regular and due time, form and manner as <br />required by law, and the parties hereto are now duly <br />authorized to execute and enter into this Trust 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 DO HEREBY AGREE <br />AS FOLLOWS: <br /> <br />1451S <br /> <br /> <br />