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• <br />• <br />• <br />Date of Registration <br />Signature of <br />Registered Owner Officer of the Registrar <br />Cede & Co. <br />February , 2004 Federal ID #13- 2555119 <br />2.07. The City Administrator will obtain a copy of the proposed approving legal opinion <br />of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to <br />dating thereof and will cause the opinion to be printed on or accompany each Bond. <br />Section 3. Funds and Accounts; Security; Payment. <br />3.01. (a) The Bonds are payable from the General Obligation Improvement <br />and Utility Revenue Bonds, Series 2004A Debt Service Fund (Debt Service Fund) hereby <br />created, and the net revenues (Net Revenues) of the City water utility system and special <br />assessments (Assessments) levied for the Assessed Improvements, together with ad valorem <br />taxes levied hereunder, are hereby pledged to the respective accounts of Debt Service Fund <br />as further described in this Section. The City shall maintain an "Improvements Account" <br />(Improvements Account), and a "Utility Revenue Account" (Utility Revenue Account) in <br />the Debt Service Fund. Amounts in the Utility Revenue Account are irrevocably pledged to <br />the Utility Revenue Bonds portion of the Bonds, and amounts in the Improvements Account <br />are irrevocably pledged to the Improvement Bonds portion of the Bonds. <br />There is appropriated to the Utility Revenue Account of the Debt Service Fund <br />53.4% of (i) any amount over the minimum purchase price paid by the Purchaser and (ii) the <br />accrued interest paid by the Purchaser upon closing and delivery of the Bonds. There is <br />appropriated to the Improvements Account of the Debt Service Fund 46.6% of (iii) any <br />amount of the minimum purchase price paid by the Purchaser, and (iv) the accrued interest <br />paid by the Purchaser upon closing and delivery of the Bonds. <br />If the balance in either account established in the Debt Service Fund is at any time <br />insufficient to pay all interest and principal then due on the respective portion of the Bonds <br />payable therefrom, the Council covenants and agrees that it will each year levy an amount <br />sufficient to take care of any accumulated or anticipated deficiency, which levy is not <br />subject to any limitation as to rate or amount. <br />(b) The City Finance Director shall timely deposit in the Utility Revenue <br />Account the Net Revenues hereinafter collected in accordance with Section 3.02. If any <br />payment of principal or interest on the Utility Revenue Bonds portion of the Bonds shall <br />become due when there is not sufficient money in the Utility Revenue Account of the Debt <br />Service Fund to pay the same, the Finance Director is directed to pay such principal or <br />SJB- 254637vI <br />LNI40 -88 <br />