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• <br />• <br />and the principal hereof and interest hereon are payable primarily from the net revenues of the <br />water and sewer utility system of the City in a special debt service fund of the City, as set forth <br />in the Resolution to which reference is made for a full statement of rights and powers thereby <br />conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond <br />and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the <br />City in the event of any deficiency in net revenues pledged, which taxes may be levied without <br />limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds <br />in denominations of $5,000 or any integral multiple thereof of single maturities. <br />IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has <br />covenanted and agreed that it will continue to own and operate the water and sewer utility system <br />free from competition by other like municipal utilities; that adequate insurance on said plant and <br />system and suitable fidelity bonds on employees will be carried; that proper and adequate books <br />of account will be kept showing all receipts and disbursements relating to the Utility Fund, into <br />which it will pay all of the gross revenues from the water and sewer utility system; that it will <br />also create and maintain a General Obligation Utility Revenue Bonds, Series 2006D Debt <br />Service Fund, into which it will pay, out of the net revenues from the water and sewer utility <br />system a sum sufficient to pay principal hereof and interest thereon when due; and that it will <br />provide, by ad valorem tax levies, for any deficiency in required net water and sewer utility <br />system revenues. <br />As provided in the Resolution and subject to certain limitations set forth therein, this <br />Bond is transferable upon the books of the City at the principal office of the Registrar, by the <br />registered owner hereof in person or by the owner's attorney duly authorized in writing upon <br />surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly <br />executed by the registered owner or the owner's attorney; and may also be surrendered in <br />exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City <br />will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of <br />the same aggregate principal amount, bearing interest at the same rate and maturing on the same <br />date, subject to reimbursement for any tax, fee or governmental charge required to be paid with <br />respect to such transfer or exchange. <br />The City and the Registrar may deem and treat the person in whose name this Bond is <br />registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of <br />receiving payment and for all other purposes, and neither the City nor the Registrar will be <br />affected by any notice to the contrary. <br />IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, <br />conditions and things required by the home rule charter of the City and the Constitution and laws <br />of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and <br />in the issuance of this Bond in order to make it a valid and binding general obligation of the City <br />in accordance with its terms, have been done, do exist, have happened and have been performed <br />293490v1 SJB LN140 -95 <br />7 <br />