10A Action 2008 0602 Attach - Indenture of Trust

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INDENTURE OF TRUST THIS INDENTURE OF TRUST (this "Indenture") is made and entered into and dated as of June 1, 2008, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO, a public body corporate and politic duly organized and existing under the laws of the State of California (the "Agency"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, as trustee (the "Trustee"); WI TNESSETH: WHEREAS, the Agency is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State (the "Law"), including the power to issue bonds for any of its corporate purposes; WHEREAS, a Redevelopment Plan (as defined herein) for the Alameda County -City of San Leandro Redevelopment Project Area in the City of San Leandro, California has been adopted in compliance with all requirements of the Law; WHEREAS, in order to provide moneys to finance redevelopment activities for the Redevelopment Project (as defined herein), the Agency has determined to issue its Alameda County -City of San Leandro Redevelopment Project Tax Allocation Bonds, Series 2008 (the "Series 2008 Bonds"); WHEREAS, the Bonds (as defined herein), including the Series 2008 Bonds, will be payable from Tax Revenues (as hereinafter defined); WHEREAS, in order to provide for the authentication and delivery of the Series 2008 Bonds, to establish and declare the terms and conditions upon which the Series 2008 Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and redemption premium (if any) thereon, the Agency and the Trustee have duly authorized the execution and delivery of this Indenture; and WHEREAS, the Agency has determined that all acts and proceedings required by law necessary to make the Series 2008 Bonds when executed by the Agency, and authenticated and delivered by the Trustee, the valid, binding and legal special obligations of the Agency, and to constitute this Indenture a legal, valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done or taken; NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of and the interest and redemption premium (if any) on all the Bonds, including the Series 2008 Bonds, issued and Outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds, including the Series 2008 Bonds, are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds, including the Series 2008 Bonds, by the Owners thereof, and for other valuable considerations, the receipt of which is hereby acknowledged, the