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already constructed and operating in the City of South Bend, Indiana. <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council of <br />the City of South Bend, Indiana, that: <br />Section 1. The form and terms of the Trust Indenture and <br />User Agreement, Real Estate Mortgage and Industrial Development <br />Revenue Bonds attached as exhibits thereto pertaining to the <br />issuance of the Industrial Development Revenue Bonds in accordance <br />with the terms of the Trust Indenture and User Agreement pertaining <br />to the application of NILES AVENUE PARTNERSHIP, a Partnership, are <br />hereby approved and adopted. <br />Section 2. Said forms of Trust Indenture and User <br />Agreement, Real Estate Mortgage and Industrial Development Revenue <br />Bonds which are on file with the Commission are hereby incorporated <br />by reference into this Ordinance, and said forms shall be inserted <br />into the minutes of the Common: Council of the City of South Bend, <br />Indiana, and shall be kept on file by the City Clerk of South Bend, <br />Indiana. <br />Section 3. The Trust Indenture and User Agreement and <br />Real Estate Mortgage and Bonds shall be executed on behalf of the <br />City of South Bend, Indiana by the Mayor and the City Clerk. <br />Section 4. Said Industrial Development Revenue Bonds, <br />payable solely and only from the revenues derived from such NILES <br />AVENUE PARTNERSHIP PROJECT pursuant to the aforementioned Trust <br />Indenture and User Agreement, shall not be in any respect a general <br />obligation of the City, nor shall thebonds be paid in any manner from <br />funds raised by taxation, and may be executed in amounts not to <br />exceed Seven Hundred Fifty Thousand ($750,000.00) Dollars, repayable <br />with interest thereon at a rate not to exceed Nine (90) percent <br />per annum, payable in monthly installments over a period of twenty <br />(20) years after the date of such bonds, and that such Trust <br />Indenture and User Agreement, Real Estate Mortgage and such <br />Industrial Development Revenue Bonds shall be executed on behalf <br />of the City of South Bend, Indiana, by the Mayor and Clerk and <br />sealed with the corporate seal of such City. <br />Section 5. Resolution No. 28 -79 of the South Bend <br />Economic Development Commission passed on October 22 , 1979, is <br />MOM <br />