Issuance & Sale $6,400,000 Economic Development Revenue Bonds One Michiana Square Associates

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under certain circumstances set forth in the Indenture relating to taxability for federal income tax purposes of interest on the Bonds, the interest rate on the Bonds shall be increased according to a formula set forth in the = ndenture and in the Bonds, and the holders of the Bonds may be entitled to additional interest and other payments. Books fir the registration and transfer of -he Bonds shall be kept by the Trustee. Principal and interest and premium, if any, shall be payable in any coin or currency in the United States of America which, at the respective payment date is legal tender for the payment of public and private debts, at the prin- cipal office of the Trustee in South Bend, Indiana. The Bonds shall be in such form, and shall have such optional and mandatory redemption provisions, and shall be subject to such other terms and conditions as set froth in the Indenture. The Bonds and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer:, the County of St. Joseph, the State of Indiana or any political subdivision thereof, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Note, the Loan Agreement and the Assignment of Rents and Leases and shall be secured as provided in the Indenture. Forms of the Loan Agreement, the Indenture, the Bond Purchase Agreement, the Mortgage, and the Assignment of Rents and Leases are before this meeting and are by this reference incorporated in this Bond Ordinance, and the City Clerk is hereby directed to insert them into the minutes of the Common Council and to keep them on file. Section 4. Sale of the Bonds. The Mayor and the City Clerk of the Issuer are hereby authorized and directed to sell the Bonds to or upon the order of the Purchaser or its designated affiliates and registered assigns, pursuant to the Bond Purchase Agreement at a price of $6,400,000, 100% of par vague. Section 5. Bond Purchase Agreement. In order to provide for the commit ments of the Issuer to sell the Bonds and of the Purchaser to purchase the Bonds, the Mayor and the City Clerk shall execute and deliver in the name of and on behalf of the Issuer, a Bond Purchase Agreement in substantially the form submitted to this Common Council, which is hereby approved in all respects. Section 6. Indenture. In order to secure the payment of the principal of and interest on the Bonds, the Mayor and City Clerk shall execute, acknowledge and deliver, in the name and on behalf of the Issuer, an Indenture of Trust in substantially the form submitted to this Common Council, which is hereby approved in all respects..