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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135259170v4 <br /> <br /> 3 <br /> <br />(d) Allonge; and <br />(e) Assignment of Mortgage. <br />The foregoing documents are hereafter referred to as the “Bond Documents.” <br />5. It is hereby found, determined, and declared that: <br />(a) the issuance and sale of the Note, the execution and delivery by the <br />Governmental Lender of the Bond Documents and the performance of all covenants and <br />agreements of the Governmental Lender contained in the Bond Documents and of all other acts <br />and things required under the constitution and laws of the State of Minnesota to make the Bond <br />Documents and the Note valid and binding obligations of the Governmental Lender in <br />accordance with their terms, are authorized by the Act; <br />(b) it is desirable that the Note be issued by the Governmental Lender upon <br />the terms set forth in the Funding Loan Agreement; <br />(c) the basic payments under the Project Loan Agreement are fixed to produce <br />revenue sufficient to provide for the prompt payment of principal of, premium, if any, and <br />interest on the Note issued under the Funding Loan Agreement when due, and the Funding Loan <br />Agreement, Mortgage, Assignment of Leases, Borrower Note and Project Loan Agreement also <br />provide that the Borrower is required to pay all expenses of the operation and maintenance of the <br />Project, including, but without limitation, adequate insurance thereon and insurance against all <br />liability for injury to persons or property arising from the operation thereof, and all taxes and <br />special assessments levied upon or with respect to the Project premises and payable during the <br />term of the Funding Loan Agreement and Project Loan Agreement; <br />(d) under the provisions of the Act and as provided in the Funding Loan <br />Agreement and Project Loan Agreement, the Note is not to be payable from or charged upon any <br />funds other than the revenue pledged to the payment thereof; the Governmental Lender is not <br />subject to any liability thereon; no holder of the Note shall ever have the right to compel any <br />exercise by the Governmental Lender of its taxing powers to pay the Note or the interest or <br />premiums thereon, or to enforce payment thereof against any property of the Governmental <br />Lender except the interests of the Governmental Lender in the Project Loan Agreement which <br />have been assigned to the Fiscal Agent under the Funding Loan Agreement; the Note shall not <br />constitute a charge, lien, or encumbrance, legal or equitable upon any property of the <br />Governmental Lender except the interests of the Governmental Lender in the Project Loan <br />Agreement which have been assigned to the Fiscal Agent under the Funding Loan Agreement; <br />the Note shall recite that the Note is issued without moral obligation on the part of the state or its <br />political subdivisions, and that the Note, including interest thereon, is payable solely from the <br />revenues pledged to the payment thereof; and, the Note shall not constitute a debt of the <br />Governmental Lender within the meaning of any constitutional or statutory limitation. <br />6. The forms of the Bond Documents and exhibits thereto are approved substantially <br />in the form submitted. The Bond Documents, in substantially the forms submitted, are directed <br />to be executed in the name on behalf of the Governmental Lender by the Mayor and City <br />Administrator. Any other documents and certificates necessary to the transaction described
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