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95-062
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95-062
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5/8/2007 1:17:59 PM
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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(b) The execution, delivery and performance of the City's obligations <br />under the Bonds, the Indenture, the Bond Purchase Agreement, the Mortgage, <br />the Assignment of Mortgage, and the Loan Agreement do not and will not <br />violate any order of any court or other agency of government of which the City <br />is aware or in which the City is a party, or any indenture, agreement or other <br />instrument to which the City is a party or by which it or any of its property is <br />bound, or be in conflict with, result in a breach of, or constitute (with due notice <br />or lapse of time or both) a default under any such indenture, agreement or other <br />instrument. <br /> <br />(c) The Bonds will be issued by the City upon the terms set forth in the <br />rndenture, and the City's interests in the Loan Agreement (except for its rights to <br />indenmity and payment of expenses and repayment of advances) will be pledged <br />to the Trustee as security for the payment of principal of, premium, if any, and <br />interest on the Bonds. <br /> <br />(d) The Loan Agreement provides for payments by the Corporation to <br />the Trustee for the account of the City of such amounts as will be sufficient to <br />pay the principal of, premium, if any, and interest on the Bonds when due. <br /> <br />(e) Under the provisions of the Act, and as provided in the Loan <br />Agreement and Indenture, the Bonds are not to be payable from nor charged <br />upon any funds other than amounts payable pursuant to the Loan Agreement and <br />moneys in the funds and accounts held by the Trustee under the rndenture which <br />are pledged to the payment thereof; the City is not subject to any liability <br />thereon; no owners of the Bonds shall ever have the right to compel the exercise <br />of the taxing power of the City to pay any of the Bonds or the interest thereon, <br />nor to enforce payment thereof against any property of the City (other than the <br />interest ofthe City in the Loan Repayments to be made by the Corporation under <br />the Loan Agreement); and each Bond issued under the Indenture shall recite that <br />such Bond, including interest thereon, shall not constitute or give rise to a charge <br />against the general credit or taxing powers ofthe City. <br /> <br />4. Approval and Execution of Documents. The forms of Loan Agreement, <br />Indenture, Bond Purchase Agreement, Mortgage and Assignment of Mortgage, referred to in <br />paragraph 2, are approved. The Bond Purchase Agreement, the Loan Agreement, the <br />Indenture, the Mortgage and the Assignment of Mortgage shall be executed in the name and on <br />behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of <br />the City, in substantially the form on file, but with all such changes therein, not inconsistent <br />with the Act or other law, as may be approved by the officers executing the same, which <br />approval shall be conclusively evidenced by the execution thereof and then shall be delivered <br />to the Trustee. <br /> <br />- 3 - <br />
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