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G. If the Grant Recipient pays monies to a Usee under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in "private business use" under Section 141(b) of the Code. H. It must be approved, in writing, by the Commissioner of Management and Budget, and any Use Contract that is not approved, in writing, by the Commissioner of Management and Budget shall be null and void and of no force or effect, I. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of Management and Budget, take such actions and furnish such documents to the Commissioner of Management and Budget as the Commissioner of Management and Budget determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. J. It must contain a provision that prohibits the Usee from creating or allowing any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property or, if applicable, Facility, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien, without the prior written consent of the State Entity and the Commissioner of Management and Budget. K. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116E66, Subd. 1, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that such ownership interest is no longer usable or needed as railroad grade crossing warning device B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant Recipient's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed -in -lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant Recipient's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15 for MnDOT Antiquated Equipment Grants 12