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81-2505
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Resolutions 1981
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81-2505
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8/16/2005 12:40:44 PM
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8/15/2005 10:48:09 AM
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<br />~ <br /> <br />or upon the order of the Holder thereof, or its attorney duly <br />authorized in writing, and neither the City, the City Clerk, the <br />Borrowers, nor the Bank shall be affected by any notice to the <br />contrary. All such payments shall be valid and effectual to <br />satisfy and discharge the liability upon the Bond to the extent <br />of the sum or sums so paid. The Bond shall be initially registered <br />in the name of the Bank. <br /> <br />11. Amendments, Changes and Modifications to Loan <br />Agreement, Assignment and Bond Resolution. Except pursuant to <br />Section 9.03 of the Loan Agreement, the City shall not enter into <br />or make any change, modification, alteration or termination of <br />the Loan Agreement, Assignment or this Bond Resolution. <br /> <br />12. Pledge to Holder. Pursuant to the Assignment, the <br />City shall pledge and assign to the Bank and its successor Holders <br />of the Bond all interest of the city in the revenues of the <br />Project and the Project Facilities, including all Loan Repayments <br />to be made by the Borrowers under the Loan Agreement and moneys <br />derived from enforcement of the Mortgage or the Assignment of <br />Rents. All collections of moneys by the City in any proceeding <br />for enforcement of the obligations of the Borrowers under the <br />Loan Agreement shall be received, held and applied by the city <br />for the benefit of the Holder of the Bond. <br /> <br />13. Covenants with Holders; Enforceability. All pro- <br />V1S1ons of the Bond and of this Bond Resolution and all repre- <br />sentations and undertakings by the City in the Loan Agreement are <br />hereby declared to be covenants between the City and the Bank and <br />its successor Holders of the Bond and shall be enforceable by the <br />Bank or any Holder in a proceeding brought for that purpose. <br /> <br />14. Definitions and Interpretation. Terms not other- <br />wise defined in this Bond Resolution but defined in the Loan <br />Agreement shall have the same meanings in this Bond Resolution <br />and shall be interpreted herein as provided therein. Notices may <br />be given as provided in Section 9.01 of the Loan Agreement. In <br />case any provision of this Bond Resolution is for any reason <br />illegal or invalid or inoperable, such illegality or invalidity <br />or inoperability shall not affect the remaining provisions of <br />this Bond Resolution, which shall be construed or enforced as if <br />such illegal or invalid or inoperable provision were not con- <br />tained herein. <br /> <br />l5. Certifications. The Mayor, city Clerk and other <br />officers of the City are authorized and directed to prepare and <br />furnish to Faegre & Benson, bond counsel, to the Borrowers, to <br />the Bank and to counsel for the Borrowers and the Bank, certified <br />copies of all proceedings and records of the City relating to the <br />Project and the Bond, and such other affidavits and certificates <br />as may be required to show the facts appearing from the books and <br />records in the officers' custody and control or as otherwise <br /> <br />-6- <br />
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