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<br />G. <br /> <br />Pursuant to section 6.10 of the Loan Agreement, the Authority and Trustee <br />must consent to the sale or lease of the Project and any and all of its rights <br />therein. Any such sale or lease shall not relieve Company of prirnary liability <br />for payrnents due under this agreement and of the performance of all other <br />obligations under this agreement. <br /> <br />"'" <br /> <br />H. The Industrial Development Authority, acting as a fiduciary, in order to <br />assure repayment of all outstanding debt remaining on the Project, <br />conditions its consent to the sale of 3130 West Harvard, Santa Ana, <br />California, upon proper receipt of a signed agreement evidencing that <br />sufficient proceeds frorn the sale of the Santa Ana property acquired under <br />the Loan Agreement shall be placed in escrow with M & I Marshall & IIsey <br />Bank, the Trustee appointed under the Trust Indenture, to satisfy all debt <br />service created under the Loan Agreement and all debt service due for pre- <br />payment of said indebtedness. Consent to the sale shall be evidenced by <br />signature of Industrial Development Authority upon correspondence dated <br />January 4, 2001, from Karen L. Schneckenburger to Industrial Development <br />Authority. <br /> <br />Section 2: Pursuant to section 6.10 of the Loan Agreement, the Industrial <br />Development Authority hereby approves the sale of the property located at 3130 West <br />Harvard Street, Santa Ana, California. This approval is made contingent upon proper <br />receipt, in a form approved by the Authority's Executive Director and general counsel, of a <br />signed agreement evidencing that sufficient proceeds from the sale of the Santa Ana <br />property acquired under the Loan Agreement shall be placed in escrow with M & I <br />Marshall & llsey Bank, the Trustee appointed under the Trust Indenture, to satisfy all debt <br />service created under the Loan Agreement and all debt service due for pre-payment of <br />said indebtedness. <br /> <br />.." <br /> <br />Section 3: The Executive Director of the Industrial Development Authority of the <br />City of Santa Ana is hereby delegated the authority to approve in writing on behalf of the <br />Authority assignments or sale of real property, where other loan agreements issued by the <br />Authority require the Authority's approval of any assignment or sale. The Authority's <br />general counsel shall approve as to form any such sale or assignment. <br /> <br />Adopted this 5th day of Februarv, 2001. <br /> <br />ATTEST: <br /> <br /> <br />C' <br />Patricia E. Healy <br />Secretary <br /> <br /> <br />"'" <br /> <br />IDA Resolution No. 2001-001 <br />Page 2 of 3 <br />