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Notwithstanding anything contained herein, the City may accept any <br />other forms of financial assistance, as and if available, from the SRF Program <br />(including without limitation (1) any forgivable loans, grants or other assistance <br />whether available as an alternative to any Bond related provision otherwise provided <br />for herein or as a supplement or addition thereto and (2) one or more series or <br />combination of series of Bonds). If required by the SRF Program to be eligible for <br />such financial assistance, one or more of the series of the Bonds issued hereunder <br />may be issued on a basis such that the payment of the principal of or interest on (or <br />both) such series of Bonds is junior and subordinate to the payment of the principal <br />of and interest on other series of Bonds issued hereunder (and/or any other revenue <br />bonds secured by a pledge of Net Revenues, whether now outstanding or hereafter <br />issued), all as provided by the terms of such series of Bonds as modified pursuant to <br />this authorization. Such financial assistance, if any, shall be as provided in the <br />Financial Assistance Agreement and the Bonds of each series of Bonds issued <br />hereunder (including any modification made pursuant to the authorization in this <br />paragraph to the form of Bond otherwise contained herein). <br />Section 5. The section of the Bond Ordinance labeled Section IX. Disposition of <br />Proceeds of the Bonds; City of South Bend, Sewage Works Construction Account shall be amended <br />to read as follows: <br />Section IX. Disposition of Proceeds of the Bonds; City of South <br />Bend, Sewage Works Construction Account. The proceeds from the sale of each <br />series of the Bonds shall be deposited and applied as follows: <br />(a) The accrued interest and any premium received at the time of <br />delivery of the Bonds or any unused discount shall be deposited in the Sewage Works <br />Sinking Fund continued by this Ordinance. <br />(b) The remaining proceeds from the sale of the Bonds shall be <br />deposited in a bank or banks which are legally qualified depositories for the funds of <br />the City, in the special account to be designated as "City of South Bend, 200 <br />Sewage Works Construction Account" (with the blank to be filled in with the year in <br />which the particular series of Bonds are being sold) (the "Construction Account"). <br />Amounts in the Construction Account shall be expended only for the purpose of <br />paying the costs of the Proj ect, as described in the Ordinance and in the Act, together <br />with all authorized costs relating thereto, including the costs of issuance of the <br />Bonds, and as otherwise permitted or required by the Act. Any balance or balances <br />remaining unexpended in the Construction Account after completion of the Project, <br />which are not required to meet unpaid obligations incurred in connection with the <br />acquisition and installation of the Project, shall be used solely for one or more of the <br />purposes permitted under the provisions of Indiana Code 5-1-13, as amended, or be <br />applied upon the terms set forth in the Financial Assistance Agreement. Pursuant to <br />the Act, the owners of each series of the Bonds shall be entitled to a lien on the <br />proceeds of the respective series of the Bonds until such proceeds are applied as <br />required by this Ordinance and by Indiana law. <br />-11- <br />BDDBOI 5863495v1 <br />