Resolution No. 173 Issuance of the South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds

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the Authority, in such form as approved by the President, Vice-President and/or Secretary- Treasurer of the Authority, such approval to be conclusively evidenced by such authorized execution and attestation of the Bond Purchase Agreement. Section 11. The Authority hereby approves of the preparation of an official statement (the "Official Statement") in conjunction with the sale of the Bonds. The Authority hereby authorizes the President, Vice-President and/or Secretary-Treasurer of the Authority, to deem "final" the Official Statement, as of its date, in accordance with the provisions of the SEC Rule, subject to completion as permitted by the SEC Rule, and the Authority further authorizes the distribution of the deemed final Official Statement. The Authority hereby authorizes and directs the President, Vice-President and/or Secretary-Treasurer of the Authority, to place into final form and distribute and deliver the final Official Statement in accordance with the SEC Rule, and further authorizes the President, Vice-President and/or Secretary-Treasurer of the Authority to execute the final Official Statement. Section 12. Prior to the delivery of the Bonds, the Secretary-Treasurer shall be authorized to obtain a legal opinion as to the validity of the Bonds from bond counsel for the Authority, and to furnish such opinion to the purchaser or purchasers of the Bonds. The cost of such opinion shall be considered as part of the costs incidental to the issuance of the Bonds and shall be paid out of proceeds of said Bonds. Section 13. If the President, Vice-President and/or the Secretary-Treasurer determine that market conditions at the time of the sale of the Bonds are such that the Authority Cis able to finance the refunding of the Refunded Bonds by issuing Bonds in an aggregate ��++'' principal amount which is less than $12,400,000, then the Authority shall issue such lesser principal amount of Bonds. Section 14. The President, Vice-President and Secretary-Treasurer of this Authority and each of them is hereby authorized to take all such actions and to execute all such instruments as are desirable to carry out the transactions contemplated by this Resolution, in such forms as the President, Vice-President and Secretary-Treasurer executing the same shall deem proper, to be evidenced by the execution thereof. Section 15. The provisions of this Resolution, the 2000 Supplemental Trust Agreement and the 2001 Supplemental Trust Agreement, upon their respective execution and attestation, shall constitute a contract between the Issuer and the holders of the Bonds, and, after the issuance of the Bonds, this Resolution shall not be repealed or amended in any respect which would adversely affect the rights of such holders so long as the Bonds or the interest thereon remains unpaid. * * * * C -4- BDDBOI 6655580v3