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<br />3 <br />517257v1 JSB NE136-259 <br />receiving payment and for all other purposes, and neither the City nor the Registrar will be affected <br />by any notice to the contrary. <br /> <br />The City shall provide to the Person in whose name this Bond is registered (i) not later than <br />12 months after the end of the fiscal year, commencing with the fiscal year that ends December <br />31, 2017, the annual financial statements of the City, prepared in accordance with generally <br />accepted accounting principles for governmental units as prescribed by the Governmental <br />Accounting Standards Board, and (ii) not later than 90 days after the first day of each fiscal year, <br />a budget for such fiscal year prepared in the ordinary course of the City’s operations. In the event <br />of a failure of the City to provide such information the Person in whose name this Bond is <br />registered may take such actions as may be necessary and appropriate, including seeking <br />mandamus or specific performance by court order, to cause the City to comply with such <br />obligations. A default under this paragraph shall not be deemed an event of default with respect <br />to the Bond and in the event of any failure of the City to comply with this paragraph will not cause <br />the interest rate on this Bond to be adjusted to the Default Rate. <br /> <br /> IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, <br />conditions and things required by the Constitution and laws of the State of Minnesota to be done, <br />to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to <br />make it a valid and binding general obligation of the City in accordance with its terms, have been <br />done, do exist, have happened and have been performed as so required, and that the issuance of <br />this Bond does not cause the indebtedness of the City to exceed any constitutional, or statutory <br />limitation of indebtedness. <br /> <br /> IN WITNESS WHEREOF, the City of New Brighton, Ramsey County, Minnesota, by its <br />City Council, has caused this Bond to be executed on its behalf by the facsimile or manual <br />signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set <br />forth below. <br /> <br />Dated: September 19, 2017, amended as of February 27, 2018. <br /> <br />CITY OF NEW BRIGHTON, <br />MINNESOTA <br /> <br /> <br /> <br />City Manager Mayor