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<br />public services, and encouraging employment opportunities for the citizens of the County, the <br />County is authorized by Chapter 40-57, North Dakota Century Code (the "Act"), to issue revenue <br />bonds of the County to provide financing for facilities operated by nonprofit corporations and to <br />refund bonds previously issued under the Act. <br /> <br />1.02. The Company has requested the County to issue its Refunding Revenue Bonds <br />(American Lutheran Homes, Inc. Project) in one or more series (the "Refunding Bonds") in an <br />amount not to exceed $4,700,000, to refund the Outstanding Bonds. <br /> <br />Section 2. <br /> <br />Findin2S. <br /> <br />2.01. A public hearing prior to the issuance of each of the Outstanding Bonds was held <br />by the County according to law after published notice. No public hearing is required prior to the <br />issuance of the Refunding Bonds pursuant to Section 40-57-04 of the Act. <br /> <br />2.02. The issuance of the Refunding Bonds to refund the Outstanding Bonds is in the <br />public interest. <br /> <br />Section 3. <br /> <br />Approval and Authorization. <br /> <br />3.01. Subject to the mutual agreement of the County, the Company, and the purchaser of <br />the Refunding Bonds as to the details of the Refunding Bonds, the Indenture, the Loan Agreement, <br />and other documents necessary in connection with the issuance ofthe Refunding Bonds, the County <br />hereby approves and authorizes the issuance of its Refunding Bonds, in one or more series, in an <br />amount not to exceed $4,700,000, to refund the Outstanding Bonds. <br /> <br />3.02. N either this commitment nor any actions, agreements, or legal matters related hereto <br />or executed in pursuance hereof, shall in any manner or fonn create an indebtedness or liability of <br />the County. <br /> <br />3.03. Federal legislation has imposed a cap or limit on the amount oftax-exempt private <br />activity bonds which may be issued in each state. Cass County hereby states that it has not made <br />inquiry and is without knowledge as to whether or not any Refunding Bonds issued pursuant to this <br />Resolution are subject to such limitation, will exceed such limitation or whether the interest paid <br />thereon will be exempt from taxation. <br /> <br />Dated November 15,2004. <br /> <br />APPROVED: <br /> <br />Chair, Board of County Commissioners <br />