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(the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Sonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a"Debt Service Account". (a) Payment Account. The proceeds of the Sonds, less accrued interest shall be deposited in the Payment Account. On or prior to the Call Date, the Finance Director shall transfer $ of the proceeds of the Sonds from the Payment Account to the paying agent for the Prior Sonds. The sums are sufficient, together with other funds on deposit in debt service fund for the Refunded Sonds, to pay the principal and interest due on the Refunded Sonds due after the Call Date, including the principal of the Refunded Sonds called for redemption on the Call Date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Sonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Sonds shall be transferred to the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining after the Call Date, in the Prior Sonds Debt Service Account created by the Prior Resolution; (3) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Sonds and are herein pledged to the payment of the Sonds; (4) all investment earnings on funds in the Debt Service Account; (5) any t�es herein or hereafter levied for the payment of the Sonds; (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Sonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Sonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Sonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Sonds or $100,000. To this effect, any proceeds of the Sonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Sonds to be "federally guaranteed" within the meaning of Section 149 (b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the 2377316v1 1 3