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81-2438
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81-2438
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8/16/2005 12:43:39 PM
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8/15/2005 11:58:05 AM
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<br />( \~.,... <br /> <br />. . <br /> <br />f <br /> <br />P, <br /> <br />(d) An As signment of Rents and Leases (the "Assignment") from <br />the Company to the Lender, assigning the Company's interest <br />in leases of the Project to the Lender as additional <br />security for the Note. <br /> <br />(e) A DiSbursing Agreement (the "Disbursing Agreement") between <br />the Lender and the Company prescribing the terms and <br />conditions under which the Lender will advance funds under <br />the Note and a related Disbursing Agent's Agreement (the <br />"Disbursing Agent's Agreement") between the Lender and <br />Stewart Title Company (Stewart") under which Stewart agrees <br />to perform certain duties on behalf of the Lender under <br />the Disbursing Agreement. <br /> <br />3.) Findings. It is hereby found, determined and declared that: <br /> <br />(a) The Project, as described in Paragraph 2 above and in the <br />Loan Agreement, constitutes a project authorized and <br />described in Section 474.02, Subd. 1, of the Act. <br /> <br />(b) The purpose of the project is and the effect thereof will <br />be to promote the public welfare by: preventing the <br />emergence of blighted and marginal lands and areas of <br />chronic unemployment; preventing economic deterioration; <br />the development of sound industry and commerce to use the <br />available resources of the community, in order to retain <br />the benefit of the community's existing investment in <br />educational and pUblic service facilities; halting the <br />movement of talented, educated personnel to other areas <br />and thus preserving the economic and human resources needed <br />as a base for providing governmental services and <br />facilities; and increasing the tax base of the City and <br />the county and school district in which the Project is <br />located. <br /> <br />(c) The Project has been approved by the Commissioner of <br />Securities of the State of Minnesota as tending to further <br />the purposes and policies of the Act. <br /> <br />(d) Issuance and sale of the Note, the execution and delivery <br />of the Loan Agreement and the Loan Assignment and the <br />performance of all of the covenants and agreements of the <br />City contained in the Note, the Loan Agreementr and the <br />Loan Assignment, and of all other acts of the City and <br />the State of Minnesota to make the Loan Agreement, the <br />Loan Assignment, and the Note valid and binding Obligations <br />of the City in accordance with their terms, are authorized <br />by the Act. <br /> <br />(e) It is desirable that the Note, in the principal amount <br />of $450,000, to be issued by the City upon the terms set <br />forth herein and in the Loan Agreement, be assigned to <br />the Lender pursuant to the Loan Assignment as security <br />for the payment of principal ofr premiumr if any, and <br /> <br />2. <br />
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