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BUN i9 PacE 546 <br />Nil <br />(3) an Indenture of Trust, proposed to be dated as of January 1, 2004 (the "Trust <br />Indenture"), between the Corporation and First-Citizens Bank & Trust Company, as trustee (the <br />"Trustee"), pursuant to which there will be executed and delivered from time to time Certificates <br />of Participation, including the Lee County Development Corporation Certificates of Participation <br />(Public School and Community College Project), Series 2004 (the "2004 Certificates"), the <br />proceeds of which will be used to advance the moneys to the County under the Contract; <br />(4) a Preliminary Official Statement, to be dated on or about October 16, 2003 (the <br />"Preliminary Official Statement") which, as supplemented with certain pricing and other <br />permitted omitted information, is to be the Official Statement to be dated on or about October 29, <br />2003 (the "Official Statement'), pursuant to which the 2004 Certificates are to be offered and <br />sold to the public; <br />(5) a Certificate Purchase Agreement, including the exhibits attached thereto, <br />proposed to be dated on or about October 29, 2003 (the "Purchase Contract") between the <br />Corporation and Davenport & Company LLC, on its own behalf and as representative of the <br />other underwriters named therein (collectively, the "Underwriters"), pursuant to which the <br />Underwriters agree to purchase the 2004 Certificates for sale to the public; <br />(6) a Lease Agreement, proposed to be dated as of January 1, 2004 (the "Lease <br />Agreement"), between the County and the Lee County Board of Education; and <br />(7) a Construction and Acquisition Agreement, proposed to be dated as of January 1, <br />2004 (the "Construction Agreement"), between the County and the Lee County Board of <br />Education. <br />WHEREAS, the obligations of the County to make Installment Payments and other <br />payments pursuant to the Contract shall constitute limited obligations of the County payable <br />c5ssma2 3 <br />