Exhibit 4.8
BROOKE CREDIT
CORPORATION
9.125% BOND SERIES 2000F DUE JULY
1, 2004
BROOKE CREDIT CORPORATION,
a corporation duly organized and
existing under the laws of the State of Kansas (hereinafter
referred to as the “Company”), for value received,
hereby promises to pay the registered holder hereof, the principal
sum of
FIVE THOUSAND DOLLARS
($5,000.00)
On the 1 st day of July, 2004, in such coin or
currency of the United States of America at the time of payment
shall be legal tender for the payment of public and private debts,
and to pay interest thereon at the last known address of the
registered holder from the date hereof at the rate of nine and
one-hundred twenty-five thousandths percent (9.125%) per annum,
semi-annually on January 1 st and July 1 st of each year, commencing on January
1, 2001 or the next payment date following issue if issued
thereafter.
This bond is one of a duly authorized issue of
bonds of the Company limited to the aggregate principal amount of
$5,000,000.00 issued or to be issued. The Company covenants not to
pay dividends to its stockholders, except as to bondholders, not
voluntarily secure or otherwise encumber Company’s assets;
not to issue any bonds debentures or notes senior to this issue,
although it may issue bonds of equal seniority, not hold assets
acquired through foreclosure for more than thirty-six (36) months;
and not use bonds proceeds for any purposes other than funding
loans or purchasing accounts and commissions receivables, nor to
redeem stock of the Company. Principal shall not be paid until
maturity and are not, therefore, callable by the Company and are
not puttable by the holder.
This bond may be registered as to principal, in
the holder’s name, on the books of the Company, at its office
such registration being noted hereon, after which no transfer
hereof shall be valid unless made at the Company’s office by
the registered holder hereof, or by the holder’s
attorney-in-fact duly authorized in writing and similarly noted
hereon.
Payment to the registered holder hereof of
principal or interest shall be a complete discharge of the
Company’s liability with respect such payment.
No Recourse shall be had for the payment of the
principal of, or interest upon this bond, or for any claim based
thereon or otherwise against any incorporator, shareholder,
officer, director or attorney, past, present or future, of the
Company, whether by virtue of any constitution, statute, rule of
law, enforcement of any assessment or penalty or by reason of any
matter prior to the delivery of this note or otherwise, all such
liability, by the acceptance hereof and as part of the
consideration of the issue hereof, being expressly
waived.
This Bond is one of an authorized issue of Bonds
of the Company, all issued and to be issued under an Indenture
executed by the Company to the First National Bank & Trust
Company, Phillipsburg, Kansas, as Trustee, dated as of July 31,
1997, to which Indenture reference is hereby made for a description
of the rights, obligations, duties and immunities thereunder of the
Trustee and the rights and limitations of rights thereunder of the
bondholders, and the rights and obligations thereunder of the
Company. As provided in the Indenture, said Bonds will be issued in
denominations of $5,000, may bear interest at the different rates
and have different maturity dates.
ALTHOUGH REGISTERED UNDER STATE SECURITIES LAWS,
THIS BOND HAS NOT BEEN REGISTERED UNDER FEDERAL LAW PURSUANT TO
CERTAIN EXEMPTIONS THEREUNDER. THIS BOND HAS NOT BEEN APPROVED BY
THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES
AGENCY, AND NO REGULATORY BODY HAS PASSED UPON OR ENDORSED THE
ACCURACY, ADEQUACY OR COMPLETENESS OF THIS BOND. THIS BOND MAY NOT
BE SOLD, GYPOTHECATED OR OTHERWISE TRANSFERRED OR DISPOSED OF
UNLESS IT HAS BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. AS
AMENDED (THE “SECURITIES ACT”) AND APPLICABLE STATE
SECURITIES LAWS OR IN THE OPINION OF COUNSEL TO THE COMPANY AN
EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT
AND STATE SECURITIES LAWS IS AVAILABLE. TRANSFER OF THE SECURITIES
EVIDENCED BY THIS CERTIFICATE ARE SUBJECT TO RESTRICTION. PRIOR TO
THE DATE NINE MONTHS FROM THE DATE OF THE LAST SALE OF SECURITIES
OF THE ISSUE OF WHICH THIS SECURITY IS A PART, NO TRANSFERS, SALES
OR ASSIGNMENTS OF THE SECURITY OR ANY INTEREST THEREIN SHALL OCCUR
TO NON-RESIDENTS OF THE STATE OF KANSAS.
IN WITNESS WHEREOF, the Company has signed and
sealed this Bond on this day of
, 20
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BROOKE CREDIT
CORPORATION
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BY:
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SEAL
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President
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Attest:
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Secretary
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The First
National Bank & Trust Co., Phillipsburg, Kansas, hereby
authenticates this bond as one of the Bonds described in the within
mentioned Indenture.
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By:
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Authorized
Officer
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