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dated as of July 1, V99$ from ft.B6rr6wer 0 ft Lender (tile 'Assignment").. Alternatively,. <br />the Mortgage fnay.nin to the City as mortgagee n which case it shall be assigned by the City <br />to the Lender: <br />3. Documents Presented.. Forms of the-Lpah Agreemofit Loan Agreement <br />Assignment. Mortgage and Assignment have been submitted to and are now QnSic, <br />Findings. It is hereby found, determined and deblated t1iit.: <br />(a) The issuance of the Note; the loaning of the proceeds. thereof and the <br />assignment of the Loan Agreement from the City to the Lender as described above are <br />Authorized to be undertaken by the City under the Act and serve the purposes -6f the <br />Act., <br />*(b) *The. Loan Agreement provides for. paymenta by the Borrower --to the <br />Lender for the account of the. City of such amounts as will be sufficient to pay the <br />principal of, premium, if any, and interest on the*Note when due. <br />-(c.). The Note is ..not to be payable, from -nor charged upon any -funds other <br />than 'amounts bayable by the Borrower pursuant to the Loan Agreement which <br />amounts are pledged to the --payment. thereof.. and moneys derived from foreclosure or <br />other enforcement of the Mortgage, the. Assignment iheiJ oan, Agreement Assignment; <br />no holder of a Note shall ever -h6V.p the right to compel the exercise of the taking <br />power of the. City- to paytheNote-or the interest thereon, nor to enforce PqMtnt <br />thereof ag <br />ainst the general funds or property of the City, other than the y Cit*'s iritdrogt <br />in the Loan Agreement assigned to the Lender pursuant to the Loan Agreenieftt- <br />Ass i gnment; the Note $Wffl not constitute a.charge, liein or encumbrance,.. legal or <br />equitable; qpo4:any property of the -City other than the Loan Agreement;- and the Note <br />does not constitute an indebtedness of the City within- the meaning of any <br />constitutional or statutory limitation. <br />5. Ap <br />proval and Execution of Documents. forms of -the Loan Agreement, <br />711e� Q MS , 0 <br />Loan Agreement.Assignment,..MorLgageand Assign.x-neiit.ar.e.approved. 'MeLoan <br />Agreement and Loan Agreement Assignment shall be executed in.the name and. on behalf of <br />the May <br />or. and City. Clerk, -or such other Persons who are otherwisepermitted to act in their <br />stead are authorized. and -directed to execute the Loan Agreement and Loan Agf6eoie-nt <br />Assignment, in substantially the form on-eile, but with . such changes thereto thavare not <br />inconsistent wit.h.law as may be: approved-by,the persons executing the same upon the advice <br />of spdcial.c6 - unsel to the. City, which. approval shall be conclusively evidenced by the <br />execution thereof. The Mortgage and Assign m-ent may.contain such revisions from the forms <br />nova on fll'e as may be approved by the Lender -and the Borrower. In the event the Mortgage <br />Tuns directly to ft City, the Mayor and City Clerk shall also execut <br />e an assignment thereof <br />to the. Lender. <br />2 <br />