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Item 10
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Item 10
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secure adequate Revenues for the payment of interest on and principal of and redemption premiums, if <br /> any, on the Bonds, or which would otherwise impair the rights of Owners with respect to the Revenues <br /> or the use of the Leased Property. Any real or personal property constituting part of the Leased <br /> Property which has become nonoperative or which is not needed for the efficient and proper use of the <br /> Leased Property, or which has become worn out may be sold at not less than the market value thereof <br /> if such sale will not reduce the Revenues and if the net proceeds of such sale are treated as Revenues <br /> and applied as provided in the Indenture; <br /> 4. Not use or permit the use of any proceeds of the Bonds or any funds of the Authority, <br /> direct or indirectly, to acquire any securities or obligations, and shall not take any or permit to be taken <br /> any other action or actions, which would cause any Bonds to be an "arbitrage bond" within the meaning <br /> of Section 149(b) Code or "federally guaranteed" within the meaning of the Code and any such <br /> applicable regulations promulgated from time to time thereunder and under Section 103(c) of the <br /> Internal Revenue Code of 1954, as amended. The Authority shall observe and not violate the <br /> requirements of Section 148 of the Code and any such applicable regulations. The Authority shall <br /> comply with all requirements of Section 148 and 149(b)of the Code to the extent applicable to the <br /> Bonds; <br /> 5. Comply with the provisions and procedures of the Tax Certificate; <br /> 6. Not use or permit the use of any proceeds of the Bonds or any funds of the Authority, <br /> directly or indirectly, in any manner, and shall not take or omit to take any action, that would cause <br /> any of the Bonds to be treated as the obligation not described in Section 103(a) of the Code. <br /> 7. Cause the City to, within fifteen (15) days of the receipt of any Net Proceeds, instruct <br /> the Trustee, through a Written Request of the City, as to what portion, if any, of such proceeds are to <br /> be used to redeem Bonds pursuant to the Indenture; <br /> 8. Keep proper books of record and account in which complete and correct entries shall <br /> be made of all transactions relating to the receipts, disbursements, allocation and application of the <br /> Revenues, and such books shall be available for inspection by the Trustee or the Bond Insurer, at <br /> reasonable hours and under reasonable conditions. Not more than four months after the close of each <br /> Authority Fiscal Year, the Authority shall furnish or caused to be furnished to the Trustee and the Bond <br /> Insurer a complete financial statement covering receipts, disbursements, allocation and application of <br /> Revenues for such Fiscal Year, including a profit and loss statement and balance sheet. The Authority <br /> shall also keep or cause to be kept such other information as is required under the Tax Certificate; <br /> 9. Supply to the Trustee as soon as practicable after the beginning of each City Fiscal <br /> Year, but in no event later than December 31 in each City Fiscal Year, a certificate of the City <br /> certifying that the City has made adequate provision in its annual budget for such City Fiscal Year for <br /> the payment of all rentals due under the Lease in such City Fiscal Year. If the amounts so budgeted <br /> are not adequate for the payment of all rentals due under the Lease in such City Fiscal Year, the <br /> Authority will take such action as may be necessary and within its power to cause such annual budget to <br /> be amended, corrected or augmented so as to include therein the amounts required to be paid by the <br /> City in such City Fiscal Year for the payment of all rentals due under the Lease in such City Fiscal <br /> Year, and will notify the Trustee of the proceedings then taken or proposed to be taken by the <br /> Authority; <br /> 10. Maintain and vigorously enforce all of its rights under the Lease and the Ground <br /> Lease, and will promptly collect all rents and charges due for use of the Leased Property as the same <br /> become due under the Lease, and will promptly and vigorously enforce its rights against any tenant or <br /> other person who does not pay such rents or charges as they become due under the Lease, and not do <br /> or permit anything to be done, omit or refrain from doing anything where any such act done or <br /> A-13 <br />
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