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This Warrant is issued in anticipation of the tax levy which has been made for the <br />Fund in the year 2007, which tax levy is now in the course of collection. There has been <br />irrevocably appropriated and pledged to the payment in full of the principal of and interest on this Warrant a <br />sufficient amount of the revenues to be derived from the Fund tax levy. <br />This Warrant is prepayable on any date at the option of the City, in whole or in part, upon seven <br />day's written notice to the holder hereof to be paid at a price equal to one hundred percent (100%) of the principal <br />amount to be prepaid plus accrued interest thereon to the date of prepayment, and without premium. <br />It is further hereby certified, recited, and declared that all acts, conditions, and things required by <br />law 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 <br />Warrant is payable, is a valid and legal levy; and that 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 <br />interest on this Warrant in accordance with its terms. <br />IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, <br />has caused this Warrant to be executed in its corporate name by the Mayor of the City of South Bend, Indiana, <br />countersigned by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed <br />and attested by the City Clerk of the City of South Bend, Indiana, all as of the day of , 2008. <br />CITY OF SOUTH BEND, INDIANA <br />By: <br />Mayor <br />COUNTERSIGNED: <br />(SEAL) <br />ATTEST: <br />City Clerk <br />City Controller <br />[End of Form of Warrant] <br />Section VIII. The City Controller is hereby authorized and directed to have the <br />Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized <br />and directed to execute all Warrants in the manner and substantially the form provided in this <br />Ordinance. <br />Section IX. The City Controller is hereby authorized to deliver the Warrants to <br />the Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the <br />Warrant Purchase Agreement. <br />BDDBOI 5241543v1 - 5 - <br />