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behalf of the City by such persons as at the actual date of the execution of <br />the Note shall be the proper officers of the City althouqh at the nominal date <br />of the Note any such person shall not have been such officer of the City. <br /> <br /> Section 2.05 . Note Mutilated~ Lost~ Destro),ed or Stolen . If the Note <br />shall become mut'~'lated, the City, at the e~pense of the Bank, shall execute <br />and deliver, a new Note of like tenor in exchange and substitution for the <br />Note so mutilated, but only upon stmrender to the Bank of the Note so <br />mutilated. Every mutilated Note se surrendered to the Bank shall be cancelled <br />by the Bank and delivered to, or upon the order of, the City. If the Note <br />shall be test, destroyed or stolen, evidence of such loss, destruction or <br />theft may be submitted to the City, and if such evidence is satisfactory to <br />the City and indemnity satisfactory to it shall have been given, the City, at <br />the expense of the Bank, shall execute and deliver, a new Note of like tenor <br />in lieu of and in substitution for the Note so lost, destroyed or stolen. The <br />City may require payment of a sea not exceeding the actual cost of oreparino <br />each new Note issued under this Section and of the expenses which may be <br />incurred by the City in the premises. Any Note issued under the provisions of <br />this Section in lieu of any Note alleged to be lost, destroyed or stolen shall <br />be at any time enforceable by anyone, and shall be equally and proportionately <br />entitled to the benefits of this Resolution with the Note originslly issued <br />pursuant to this Resolution. <br /> <br /> Section 2.06 . Certificates of Participation . Nothing herein shall <br />prevent the Bank fr~n executing and delivering certificates of oarticioation <br />in payments to be made by the City on the Note, provided, however, that such <br />certificates of particioation shall not be deemed to be separate oblioations <br />of the City and that, notwithstanding such delivery, the Bank shall be <br />considered the holder and owner of the Note for all purposes hereunder and <br />under the Agreement. <br /> <br />ARTICLE III <br /> <br />ISS~ OF NOTE <br /> <br /> Section 3.01 . Sale and Delivery of Note. At any time after the <br />adoptiSn of ~his ResolutiOn the City may Jell and deliver a Note to the Bank <br />in accordance with the terms of a purchase agreement presented by the Bank. <br /> <br /> Section 3.02 . Application of Proceeds of Sale of Note . The proceeds <br />receive~City' from the sale of the Note shall be loaned to the <br />Participating Party for the purpose of Financing the Project. <br /> <br />ARTICLE IV <br /> <br />PLEDGE OF REVENUES; ASSI(~NMENT <br /> <br /> Section 4.01 . Pled.ne of Revenues . The Note shall be secured bv~ <br />first p--~h pledg'e'shall be effected in the manner and to the extent <br />hereinafter provided) of all of the Revenues. The Revenues are hereby <br />allocated in their entirety to the payment of the principal of and interest on <br />the Note and, until the payment in full thereof, the Revenues shall be aopli~ <br />solely to the payment of such principal and interest, l'he pledoe and <br />allocation of Revenues is for the exclusive benefit of the Bank and shall be <br />irrevocable until the Note has been paid and retired or provision made <br />therefor. The City will not issue any obligation or security superior to or <br />on a parity with the Note, howsoever denominated, payable in whole or in part <br />from the Revenues which are hereby pledged to the oayment of the orinciosl of <br />and interest on the Note, until the Note has been paid and retired or <br />provision made therefor. <br /> <br />The Note shall be a special obligation of the City and shall he payable <br />solely from the funds herein provided therefor. The Note shall not constitute <br />an indebtedness of the City, the State of California er any of its <br />subdivisions, and neither said State nor any of its political subdivisions <br />shall be liable thereon, nor in any event shall the Note be payable out of any <br />funds or properties of the City other than the Revenues as provided herein. <br />Neither the faith and credit nor the taxino p~eerNo~fe the City is pledoed to <br />the payment of the principal of or interest On . ~ <br /> <br /> <br />