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99-067
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99-067
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7/15/2005 10:14:29 AM
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<br />(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated <br />or is destroyed, stolen or lost, the Registrar will deliver a new Bond oflike amount, number, <br />maturity date and tenor in exchange and substitution for and upon cancellation of the <br />mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon <br />the payment of the reasonable expenses and charges of the Registrar in connection <br />therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar <br />of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the <br />ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indenmity <br />in form, substance and amount satisfactory to it and as provided by law, in which both the <br />City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar <br />will be cancelled by the Registrar and evidence of such cancellation must be given to the <br />City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for <br />redemption in accordance with its terms it is not necessary to issue a new Bond prior to <br />payment. <br /> <br />(i) Redemption. In the event any of the Bonds are called for redemption, notice <br />thereof identifYing the Bonds to be redeemed will be given by the Registrar by mailing a <br />copy ofthe redemption notice by first class mail (postage prepaid) not more than 60 and not <br />less than 30 days prior to the date fixed for redemption to the registered owner of each Bond <br />to be redeemed at the address shown on the registration books kept by the Registrar and by <br />publishing the notice if required by law. Failure to give notice by publication or by mail to <br />any registered owner, or any defect therein, will not affect the validity of the proceedings <br />for the redemption of Bonds. Bonds so called for redemption will cease to bear interest <br />after the specified redemption date, provided that the funds for the redemption are on <br />deposit with the place of payment at that time. <br /> <br />2.04. Appointment of Initial Registrar. The City appoints U.S. Bank: Trust National <br />Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are <br />authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger <br />or consolidation of the Registrar with another corporation, if the resulting corporation is a bank: or <br />trust company authorized by law to conduct such business, the resulting corporation is authorized to <br />act as successor Registrar. The City agrees to pay the reasonable and customary charges of the <br />Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 <br />days' notice and upon the appointment of a successor Registrar, in which event the predecessor <br />Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must <br />deliver the bond register to the successor Registrar. On or before each principal or interest due date, <br />without further order of this Council, the City Finance Manager must transmit to the Registrar <br />monies sufficient for the payment of all principal and interest then due. <br /> <br />2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the <br />direction of the City Finance Director/Clerk and executed on behalf of the City by the signatures of <br />the Mayor and the City Manager, provided that all signatures may be printed, engraved or <br />lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose <br />signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that <br />signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the <br />DJK-165146 <br />NE136-152 <br />
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