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2012_0910_Packet as amended
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2012_0910_Packet as amended
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10/11/2012 4:19:23 PM
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5.Officials. The officials of the City are as follows: <br />Name Office <br />Dan Roe Mayor <br />Jeff Johnson Councilmember <br />Tammy McGehee Councilmember <br />Tammy Pust Councilmember <br />Bob Willmus Councilmember <br />William Malinen City Manager <br />Christopher Miller Finance Director <br />Members of the City Council of the City listed in this paragraph were the duly appointed, <br />qualified and acting members at the time the resolution identified in paragraph 6 below were <br />adopted. <br />6.Note Resolution. The Note Resolution was adopted at a regular meeting of the <br />City Council held on June 12, 2006, is in full force and effect as of the date hereof, and, other <br />than as it may have been amended by the Amendment Resolution, has not been rescinded, <br />modified or amended in any respect. <br />7.Amendment Resolution. The Amendment Resolution was adopted at a regular <br />meeting of the City Council held on September 10, 2012, and is in full force and effect as of the <br />date hereof, and has not been rescinded, modified or amended in any respect. <br />8.Findings. To the best of our knowledge, since the dates of adoption of the Note <br />Resolution and the Amendment Resolution there has been no change with respect to any of the <br />findings of the City expressed in the Note Resolution and the Amendment Resolution, <br />respectively. <br />9.Execution and Delivery. The City has authorized by all necessary action, the <br />execution, delivery, and due performance of the Note Amendment and Loan Agreement <br />Amendment and any and all such other agreements and documents as may be required, on advice <br />of Bond Counsel, to be executed and delivered by the City in order to carry out, give effect to <br />and consummate the transaction contemplated by the Note Amendment, the Loan Agreement <br />Amendment, and the Amendment Resolution. <br />10.Proceedings. All proceedings and actions taken by the City by and through its <br />governing body and its Mayor and City Manager in connection with the Note Amendment, Loan <br />Agreement Amendment, and other applicable documents set forth in the transcript prepared in <br />connection therewith, were duly conducted and adopted in accordance with applicable <br />procedural requirements imposed by law and as represented in such documents executed the <br />same as indicated therein and were duly elected or appointed and qualified to serve as such <br />officers on the date of such execution. <br />11.No Litigation. To the best knowledge of the undersigned, there is no litigation of <br />any nature now pending, or to our knowledge, threatened seeking to restrain or enjoin the <br /> 2 <br />4914665v1 <br /> <br />
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