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Attachment A <br />maintained in the manner herein specified until all of the Bonds and any other General <br />Obligation Tax Increment Revenue Bonds hereafter made payable from the Fund and issued for <br />the Project, including any modifications or additions thereto, and the interest thereon have been <br />fully paid. There shall be maintained in the Fund the following separate accounts to be <br />designated the "Construction Account" and "Debt Service Account", respectively. <br />(a) Construction Account. To the Construction Account there shall be credited the <br />proceeds of the sale of the Bonds, and less any amount paid for the Bonds in excess of the <br />minimum bid. From the Construction Account there shall be paid all costs and expenses of the <br />Project, including the cost of any construction contracts heretofore let and all other costs incurred <br />and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the <br />Construction Account shall be used for no other purpose except as otherwise provided by law; <br />provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest <br />on the Bonds due prior to the anticipated date of commencement of the collection of the taxes <br />herein levied or the receipt of Tax Increments. <br />(b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, <br />and there shall be credited to, the Debt Service Account: (i) Tax Increments, in an amount <br />sufficient, together with other sums herein pledged, to pay the annual principal and interest <br />payments on the Bonds; (ii) any amount paid for the Bonds in excess of the minimum bid; (iii) <br />any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest <br />thereon; (vi) all funds remaining in the Construction Account after completion of the Project and <br />payment of the costs thereof; (vii) all investment earnings on funds held in the Debt Service <br />Account; and (viii) any and all other moneys which are properly available and are appropriated <br />by the governing body of the City to the Debt Service Account. The Debt Service Account shall <br />be used solely to pay the principal and interest and any premiums for redemption of the Bonds <br />and any other general obligation bonds of the City hereafter issued by the City and made payable <br />from said account as provided by law. <br />No portion of the proceeds of the Bonds shall be used directly or indirectly to acguire <br />higher yielding investments or to replace funds which were used directly ar indirectly to acquire <br />higher yielding investments, except (1) for a reasonable temporary period until such proceeds are <br />needed far the purpose far which the Bonds were issued and (2) in addition to the above in an <br />amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To <br />this effect, any proceeds of the Bonds and any sums from time to time held in the Construction <br />Account or Debt Service Account (or any other City account which will be used to pay principal <br />or interest to become due on the bonds payable therefrom) in excess of amounts which under <br />then-applicable federal arbitrage regulations may be invested without regard to yield shall not be <br />invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage <br />regulations on such investments after taking into account any applicable "temporary periods" or <br />"minar portion" made available under the federal arbitrage regulations. Money in the Fund shall <br />not be invested in obligations or deposits issued by, guaranteed by or insured by the United <br />States ar any agency or instrumentality thereof if and to the extent that such investment would <br />cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the <br />Internal Revenue Code of 1986, as amended (the "Code"). <br />16 <br />7172335v2 <br />