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It is further hereby certified, recited, and declared that all acts, conditions, and things required by law <br />precedent to the issuance and execution of this Warrant have been properly done, have happened, and have been <br />performed in the manner required by the constitution and statutes of the State of Indiana relating thereto; that the _ <br />Fund tax levy from which (together with other amounts in the Fund) this Warrant <br />is payable, is a valid and legal levy; and the City will reserve a sufficient amount of the proceeds of the <br />Fund tax levy currently in the course of collection for the timely payment of the principal of and interest on this Warrant <br />in accordance with its terms. <br />IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, has <br />caused this Warrant to be executed in its corporate name by the Mayor of the City of South Bend, Indiana, countersigned <br />by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed and attested by <br />the City Clerk of the City of South Bend, Indiana, all as of the day of , 2004. <br />CITY OF SOUTH BEND, INDIANA <br />BY: <br />Stephen J. Luecke, Mayor <br />COUNTERSIGNED: <br />Frederick B. Ollett, III, Controller <br />(SEAL) <br />ATTEST: <br />John Voorde, City Clerk <br />[End of form of Warrant] <br />Section VIlI. The City Controller is hereby authorized and directed to have the new Warrants <br />prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and directed <br />to execute all new Warrants in the manner and substantially the form provided in this Ordinance. <br />Section IX. The City Controller is hereby authorized to deliver the new Warrants to the <br />Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the new <br />Warrant Purchase Agreement. <br />Section X. The City Controller and other appropriate officers of the City are hereby <br />authorized and directed to make such filings and requests, deliver such certifications, execute and <br />deliver such documents and instruments, and otherwise take such actions as are necessary or <br />appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby <br />and thereby. <br />-5- <br />