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manner herein specified until the Bonds and the interest thereon shall have been fully paid. In <br />such records there shall be established and maintained the following separate accounts, for the <br />purposes as follows: <br />(a) Escrow Account. The Escrow Account shall be maintained as an escrow account <br />with U.S. Bank National Association (the 'Escrow Agent"), in Saint Paul, Minnesota, which is a <br />suitable financial institution within or without the State. $5,807,283.75 in proceeds of the sale of <br />the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to <br />pay costs of issuing the Bonds. Proceeds of the Bonds less proceeds used to pay costs of <br />issuance and any proceeds returned to the City are hereby irrevocably pledged and appropriated <br />to the Escrow Account, together with all investment earnings thereon. The Escrow Account <br />shall be invested in securities maturing or callable at the option of the holder on such dates and <br />bearing interest at such rates as shall be required to provide sufficient funds, together with any <br />cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on <br />the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the <br />Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be <br />irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the <br />Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for <br />redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for <br />the purposes herein set forth and for no other purpose, except that any surplus in the Escrow <br />Account may be remitted to the City, all in accordance with an agreement (the 'Escrow <br />Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in <br />the office of the Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall <br />be deposited in the Debt Service Account. <br />(b) Debt Service Account. There shall be maintained separate subaccounts in the <br />Debt Service Account to be designated the Capital Improvement Debt Service Subaccount and <br />the Abatement Debt Service Subaccount. There are hereby irrevocably appropriated and pledged <br />to, and there shall be credited to the separate subaccounts of the Debt Service Account: <br />(i) Capital Improvement Debt Service Subaccount. To the Capital <br />Improvement Debt Service Subaccount there is hereby pledged and irrevocably <br />appropriated and there shall be credited: (1) after the Crossover Date, all collections of <br />all taxes heretofore levied for the payment of the Prior Capital Improvement Bonds <br />which are not needed to pay the Prior Capital Improvement Bonds as a result of the <br />Refunding; (2) any collections of all taxes herein or hereafter levied for the payment of <br />the Capital Improvement Refunding Portion; (3) a proportionate share of accrued interest <br />received upon delivery of the Bonds; (4) a proportionate share of any sums remitted to <br />the City pursuant to the Escrow Agreement; (5) any balance remaining after the <br />Crossover Date in the Debt Service Account created by the Prior Capital Improvement <br />Resolution; (6) all investment earnings on funds in the Capital Improvement Debt Service <br />Subaccount; and (7) any and all other moneys which are properly available and are <br />appropriated by the governing body of the City to the Capital Improvement Debt Service <br />Subaccount. The amount of any surplus remaining in the Capital Improvement Debt <br />Service Subaccount when the Capital Improvement Refunding Portion and interest <br />thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, <br />Subdivision 4. <br />14 <br />5253945x1 <br />