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FROM BRIGGS&MORGAN (TUE) 12. 02' 97 13:15 /ST. 12:18/NO. 3561674903 P 3/17 <br />(the Series 1997A Bonds and the Series 1997B Bonds are collectively <br />referred to as the "Bonds ") under the Act pursuant to this <br />Resolution; and <br />WHEREAS, the Series 1997A Bonds will be issued under an <br />Indenture of Trust (the "Indenture "), dated as of December 1, 1997 <br />between the City and t trustee to <br />be determined as trustee (the "Trustee"), and will be secured by <br />a. loam agreement among the City and the Company dated as of <br />December 1, 1997 (the "Loan Agreement ") and a mortgage and <br />assignment of leases and rents from the Company to the City, as <br />assigned to the Trustee dated as of December 1, 1997 (the <br />"Mortgage ") and by a pledge and assignment of carted= other <br />revenues, all is accordance with the terms of the Indenture e€ <br />Trust; and the Series 1997E Bonds will. be issued m/leer and secured <br />by the Indenture and peeekeeset—t-e--e--eetheeetate secured by a <br />g g, second mortgage on the project • proiect (the <br />"S ordinate Mortgage ") on a subordinate basis to the Series 1997A <br />Bonds, payable oa such subordinate basis from a pledge and <br />assignment of certain Project revenues set forth nnrier the <br />Indenture, All in accordance with. the terms of the indenture; and <br />the Bonds and the interest on the Bonds shall be payable solely <br />from the. revenues pledged therefor mad the Bonds shall not <br />constitute a. debt of the City within the menniryg of any <br />constitutional or statutory limitation, nor shell the Bonds <br />constitute nor give rise to a pecuniary liability of the City or a <br />charge against the credit or taxing poweS8 and. shall not constitute <br />a charge, lien. or encumbrance, legal or equitable, upon any <br />pprro <br />d. <br />erty of the City other than the City's interest lathe Project; <br />WHEREAS, the City conducted a public beering on the <br />proposal of the Company that the City finance the Project by the <br />issuance of the Bonds and the housiac 2Mageem for the Proiect at <br />7:00 p.m. cm December 2, 1997, at which hearing all p"� ersons� who <br />appeared or submitted comments were given an opportunity to express <br />their views with respect to the Project and the Bonds; <br />NOW THEREFORE BE IT RESOLVED by the City Council of the <br />City of Little Canada, Minnesota, as follows. <br />1. Proposal. For the purpose of financing the Project, <br />the issuance, sale and delivery of the Bonds is hereby authorized. <br />The proceeds of the Bands together with other funds provided by the <br />Company, shall be applied to acquisition, rehabilitation and <br />installation of fire safety improvements to the Project as provided <br />in the Loan Agreement. The Bonds shall be in such series, <br />principal amounts, shall bear interest at rates, shall be numbered, <br />shall be dated, shall mature, shall be subject to redemption prior <br />to maturity, and shall be in such form and have such other details <br />and provisions as maybe prescribed is the Indenture, substantially <br />in. the form now on file with the City and as further provided in <br />section 2. The Bonds shall be special obligations of the City <br />Page 2 <br />