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<br />. <br /> <br />pay amounts in repayment of the loan sufficient to provide for the full and <br />prompt payment of the principal of, premium, if any, and interest on the Bonds <br />when due; and <br /> <br />(b) Trust Indenture (the "Indenture") dated as of September I, 1995, <br />between the City and a national association, trust company or other corporate <br />trustee named therein, as trustee (the "Trustee"), authorizing the issuance of and <br />pledging certain revenues, including those to be derived from the Loan <br />Agreement, as security for the Bonds, and setting forth proposed recitals, <br />covenants and agreements relating thereto; and <br /> <br />(c) Combination Mortgage, Security Agreement and Fixture Financing <br />Statement and Assignment of Leases and Rents (the "Mortgage"), dated as of <br />September 1, 1995, from the Corporation to the City, and to be assigned by the <br />City to the Trustee pursuant to an Assignment of Mortgage of even date <br />therewith (the "Assignment of Mortgage"), by which the Corporation grants, as <br />security for the payment of the Bonds, a mortgage lien on and security interest in <br />the property described therein, as mortgaged thereunder, all as more fully <br />described therein; and <br /> <br />. <br /> <br />(d) Bond Purchase Agreement (the "Bond Purchase Agreement"), by <br />and between Miller, Johnson & Kuehn Incorporated (the "Underwriter"), the <br />Corporation, and the City, providing for the purchase of the Bonds from the City <br />by the Underwriter and setting the terms and conditions of purchase; and <br /> <br />(e) Preliminary Official Statement and form of final Official Statement, <br />the form of the Preliminary Statement, together with the insertion of the final <br />underwriting details of the Bonds, including the interest rates thereon, and any <br />other changes deemed necessary or desirable, intended to constitute the form of <br />the fmal Official Statement, and including all Appendices thereto (together <br />referred to as the "Official Statement"), describing the offering of the Bonds, and <br />certain terms and provisions ofthe foregoing documents. <br /> <br />3. Findings. It is hereby found, determined and declared that: <br /> <br />(a) There is no litigation pending or, to the best of its knowledge, <br />threatened against the City relating to the Bonds, the Loan Agreement, the <br />Mortgage, the Assignment of Mortgage, the Bond Purchase Agreement or the <br />rndenture or questioning the due organization of the City, or the powers or <br />authority of the City to issue the Bonds and undertake the transactions <br />contemplated hereby. <br /> <br />. <br /> <br />- 2- <br />