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It is hereby certified and recited that all acts, conditions and things required to be <br />done precedent to and in the execution, issuance and delivery of this bond have been <br />done and performed in regular and due form as provided by law. <br />This bond shall not be valid or become obligatory for any purpose until the <br />certificate of authentication hereon shall have been executed by an authorized <br />representative of the Registrar. <br />This bond is one of an authorized issue of bonds of the City of South Bend, <br />Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of <br />interest, redemption terms and dates of maturity, aggregating <br />Dollars ($ ), numbered <br />consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to <br />be applied on the cost of improvements to the City's waterworks (the "Project"), to <br />refund interim notes issued in anticipation of the Bonds, if any, to fund a debt service <br />reserve, and to pay incidental expenses and costs of issuance of the Bonds. This bond is <br />issued pursuant to an ordinance adopted by the Common Council of said City on the <br />day of , 2009, entitled "An Ordinance of the Common Council of the City of <br />South Bend, Indiana, Concerning the Construction of Improvements to the Municipal <br />Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue <br />Bonds for such Purpose in the Principal Amount not to exceed <br />Dollars ($); Addressing Other <br />Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; <br />and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance <br />with the provisions of Indiana law, including without limitation Indiana Code 8-1.5, and <br />other applicable laws, as amended (the "Act"), all as more particularly described in the <br />Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and <br />provisions contained in the Ordinance and the Act. <br />Pursuant to the provisions of the Act and the Ordinance, the principal of and <br />interest on this bond and all other bonds of said issue, the Prior Bonds (as hereinafter <br />defined), and any bonds hereafter issued on a parity therewith are payable solely from the <br />Sinking Fund (the "Sinking Fund") maintained under the Ordinance to be provided from <br />the Net Revenues (defined as the gross revenues of the works after deduction only for the <br />payment of the reasonable expenses of operation, repair and maintenance of the works, <br />and which reasonable expenses of operation, repair and maintenance specifically do not <br />include any rates or charges in lieu of taxes made and collected by the works and <br />transferred to the City in accordance with the Act. <br />The City irrevocably pledges the entire Net Revenues of the works to the prompt <br />payment of the principal of and interest on the Bonds and any bonds ranking on a parity <br />therewith, including the "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the <br />"2006 Bonds"), "Waterworks Revenue Bonds of 2002" dated June ~ 1, 2002 (the "2002 <br />Bonds"),"Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") <br />and the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 <br />Bonds"), (the 2006 Bonds, 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the <br />"Prior Bonds"), each authorized by ordinance of the City, to the extent necessary for such <br />-12- <br />