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• Certificates will be issued by the City of Blaine, but Mounds View and Spring Lake Park each <br /> will be legally obligated to pay a portion of debt service on the Certificates to Blaine and hereby <br /> pledge their full faith and credit and taxing powers to pay such portion of the debt service on the <br /> Certificates. Prior to the issuance of the Certificates, in order to evidence Spring Lake Park's <br /> and Mounds View's obligations to Blaine to pay a portion of debt service on the Certificates, <br /> Spring Lake Park and Mounds View will each issue to Blaine a note, certificate of indebtedness <br /> or other debt instrument (the "Notes") or adopt a resolution or enter into an agreement pursuant <br /> to which they will pledge their full faith and credit and taxing powers to pay the applicable <br /> Formula percentage of debt service on the Certificates or a pro rata share of the annual debt <br /> service on the Certificates based on the Formula in effect at the time of issuance, but not in any <br /> event to exceed the amounts of debt service on the Certificates properly allocable to the <br /> maximum principal amounts set forth above. In the event any of the Cities withdraw from <br /> participation in the Joint Powers Agreement as contemplated by paragraph I of the Joint Powers <br /> Agreement, they shall remain obligated to pay their Historical Share of debt service on the <br /> Certificates as contemplated by paragraph E of the Joint Powers Agreement or, if Mounds View <br /> or Spring Lake Park agree to pay scheduled debt service amounts pursuant to the Notes or other <br /> agreement,they shall remain obligated to pay their scheduled debt service set forth therein. <br /> 4. Ownership, Acquisition and Construction of Project. Ownership of the <br /> Equipment shall, in accordance with the provisions of the Joint Powers Agreement, be nominally <br /> in the name of the City of Blaine. The acquisition, construction and operation of the Equipment <br /> shall be accomplished in accordance with the provisions of the Joint Powers Agreement. <br /> M5. Effect. Except as herein supplemented all provisions of the Joint Powers <br /> Agreement shall remain in effect. <br /> 6. Duration of Agreement. This Supplement shall remain in effect until the <br /> Certificates are paid or otherwise discharged. <br /> 7. Miscellaneous. This Supplement shall be effective as of the date that all of the <br /> Cities shall have approved and executed this Supplement, which shall be governed by law of the <br /> State of Minnesota, and may be executed in any number of counterparts, each of which shall <br /> constitute an original hereof. In the event that any provision of this Supplement is declared <br /> unlawful or unenforceable by a court of competent jurisdiction, the remainder of this Supplement <br /> shall remain in full force and effect to the same extent as though said provision did not appear <br /> herein. <br /> IN WITNESS WHEREOF, the Cities of Blaine, Mounds View, and Spring Lake Park, <br /> Minnesota, have duly authorized the execution of and have duly executed this Supplement by <br /> their authorized representatives,respectively. <br /> 391605v1 JSB BL140-12 <br /> B-2 <br />