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Principal and interest and premium, if any, shall be payable at the principal <br />office of the Trustee in South Bend, Indiana. <br />The Series A Bonds shall be executed, shall be in such form, shall have such <br />redemption provisions, shall bear interest at such other rates and shall be subject to such <br />other terms and conditions as set forth in the Indenture. The Series A Bonds and the <br />interest thereon do not and shall never constitute an indebtedness of or a charge against <br />the general credit or taxing power of the City, but are limited obligations of the City <br />payable solely from revenues and other amounts derived from the leasing or sale of the <br />Series A Project under the Lease Agreement (except to the extent paid out of moneys <br />attributable to the proceeds of the Series A Bonds or the income from the temporary <br />investment thereof) and shall be secured as provided in the Indenture. Pursuant to <br />IC 36- 7- 12 -25, two complete forms of the Lease Agreement and Indenture are before this <br />meeting and are by this reference incorporated in this Bond Ordinance, and the City Clerk <br />is hereby directed to insert them into the minutes of the Common Council and to keep <br />them on file. <br />Section 4. Sale of the Series A Bonds. The Mayor and City Clerk of the <br />City are hereby authorized and directed to sell the Series A Bonds to or upon the order of <br />the purchaser thereof, namely C. J. Wood, Inc., of South Bend, Indiana, at a price of <br />$850,000, plus accrued interest (if any) to the date of delivery and payment. Receipt by <br />the Trustee of payment for the Series A Bonds shall constitute payment to the City of the <br />purchase price for the Series A Bonds. <br />Section 5. Indenture. In order to secure the payment of the principal of <br />and premium (if any) and interest on the Series A Bonds, the Mayor and City Clerk of the <br />City shall execute, acknowledge and deliver, in the name and on behalf of the City, the <br />Indenture in substantially the form submitted to this Common Council, which is hereby <br />approved in all respects. <br />Section 6. Lease Agreement. In order to provide for the leasing of the <br />Series A Project and the payment by the Company of rentals in an amount sufficient to <br />pay the principal of and premium, if any, and interest on the Series A Bonds, the Mayor <br />and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the <br />City a Lease Agreement in substantially the form submitted to this Common Council, <br />which is hereby approved in all respects. <br />Section 7. Election Pursuant to Internal Revenue Code. The City hereby <br />elects to have the provisions of Section 103(b) (6)(D) of the Internal Revenue Code of 1954, <br />as amended, apply to the Series A Bonds, and the Mayor and City Clerk shall execute such <br />certificate and take such action as is required to evidence such election. <br />Section 8. No- Arbitrage. The proceeds of issuance and delivery of the <br />Series A Bonds shall be deposited in the Series A Bond Fund and the Series A Construction <br />Fund as provided in Article VI of the Indenture and used for the purposes for which said <br />Bonds are authorized. The principal proceeds of the Series A Bonds hereby authorized <br />shall be devoted to and used with due diligence for the acquisition and construction of the <br />Project. The Mayor and City Clerk are hereby authorized and directed to execute such <br />-3- <br />