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County and the Company, dated as of September 17, 2001, as amended by a First Amendment to
<br />Lease Agreement dated as of June 1, 2002 and pursuant to a Bond Resolution of the County duly
<br />adopted May 20, 2002. This Bond is equally and ratably secured by the Bond Resolution, the Lease
<br />Agreement, as amended, and a Guaranty Agreement from the Guarantor to Wells Fargo Brokerage
<br />Services, LLC, Minneapolis, Minnesota dated as of June 1, 2002 (the "Guaranty"), to which the
<br />Bond Resolution, the Guaranty and the Lease Agreement and amendments thereof, reference is
<br />hereby made for a description and limitation of the revenues and property pledged to secure the
<br />payment of this Bond, the nature and extent of the security thereby created, the rights of the Holder
<br />of this Bond, the rights, duties and immunities of the Guarantor and the rights, immunities and
<br />obligations of the County thereunder. Copies of the Bond Resolution, the Guaranty and the Lease
<br />Agreement, as amended, are on file at the office of Wells Fargo Brokerage Services, LLC and at the
<br />office of the County Auditor.
<br />
<br /> This Bond shall be subject to prepayment on October 1, 2002, and any installment payment
<br />date thereafter at the option of the County, at the request of the Company, in whole, or in $100,000
<br />minimum amounts.
<br />
<br /> Notice of any such prepayment shall be given to the Holder or registered assigns of this Bond
<br />by first class mail, addressed to the Holder at the Holder's registered address, not less than thirty (30)
<br />days prior to the date fixed for prepayment. At the date fixed for prepayment, funds shall be paid
<br />to the Holder hereof at the office of the Paying Agent or shall be deposited with the Paying Agent,
<br />sufficient to pay this Bond, or the principal amount thereof to be prepaid, accrued interest thereon
<br />and premium, if any. Upon the happening of the above conditions, the Bond thus called or the
<br />principal portions thereof prepaid shall not bear interest after the date specified for prepayment.
<br />
<br /> This Bond is transferable, as provided in the Bond Resolution, only upon the bond register
<br />of the Paying Agent, as Bond Registrar, by the Holder hereof in person or by the Holder's duly
<br />authorized attorney, as provided in the Bond Resolution.
<br />
<br /> In case an Event of Default as defined in the Lease Agreement or the Guaranty occurs, this
<br />Bond and the payments thereafter to become due under the Lease Agreement or the Guaranty may
<br />become immediately due and payable, in the manner and with the effect and subject to the conditions
<br />provided in the Lease Agreement and the Guaranty. The Holder of this Bond shaI1 have the right
<br />to enforce the provisions of the Bond Resolution, the Lease Agreement and the Guaranty.
<br />
<br /> The terms and provisions of the Bond Resolution, the Lease Agreement and the Guaranty,
<br />or of any instrument supplemental thereto, may be modified or altered as provided therein.
<br />
<br /> It is hereby certified and recited and the County Commission has found: That the issuance
<br />of this Bond will promote the public welfare and carry out the purposes of the Act; that all acts,
<br />conditions and things required to be done precedent to and in the issuance of this Bond have been
<br />properly done, have happened and have been performed in regular and due time, form and manner
<br />as required by law; and that this Bond does not constitute a debt of the County within the meaning
<br />of, or exceed, any constitutional or statutory limitation.
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