2. MIDA Bond/NDSU
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2. MIDA Bond/NDSU
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<br />Additional provisions of this Bond are contained on the reverse hereof and such provisions <br />shall for all purposes have the same effect as though fully set forth at this place. <br /> <br />IN WITNESS WHEREOF, the County ofCass, North Dakota, has caused this Bond to be <br />signed in its name by the manual signatures of its Chair of the Board of County Commissioners and <br />its County Auditor. <br /> <br />COUNTY OF CASS, <br />NORTH DAKOTA <br />(signature) <br />Chair, Board of County Commissioners <br /> <br />ATTEST: <br />(signature) <br />County Auditor <br /> <br />(form of reverse of Bond) <br /> <br />The Corporation has agreed under the Loan Agreement to repay the Loan, together with <br />interest thereon, in amounts and at times sufficient to pay the principal of and interest on the Bonds <br />as the same shall become due and payable (the "Basic Payments"). Pursuant to the Pledge <br />Agreement, the Issuer has assigned and pledged to the Lender, the Basic Payments due under said <br />Loan Agreement and all other assets and revenues held pursuant to the Resolution and Loan <br />Agreement from time to time. Payments under the Loan Agreement are secured by a Security <br />Agreement dated as of December 1,2005 (the "Security Agreement") from the Corporation to Wells <br />Fargo Brokerage Services, LLC (the "Lender") and an Assignment of Leases and Rents dated as of <br />December 1, 2005 (the "Assignment"), from the Corporation to the Lender. <br /> <br />Reference is hereby made to the Loan Agreement, the Security Agreement, the Assignment <br />and the Pledge Agreement for a description of the properties; and rights encumbered and assigned, <br />the provisions, among others, with respect to the nature and extent of the security, the rights of the <br />Lender, and the rights, duties and obligations of the Corporation and the terms upon which the Bonds <br />are issued and secured. <br /> <br />This Bond and the issue of Bonds of which it forms a part are issued pursuant to and in full <br />compliance with the Constitution and laws of the State of North Dakota particularly North Dakota <br />Century Code, Chapter 40-57, and pursuant to a resolution adopted and approved by the County <br />Commission on December 5, 2005. This Bond and the issue of which it forms a part are limited <br />obligations of the Issuer and are payable solely out of the revenues and other amounts derived from <br />the Loan Agreement or sale or other disposition ofthe Facility financed through the issuance of the <br />Bonds. The Bonds do not now and shall never constitute an indebtedness of the Issuer within the <br />meaning of any State constitutional provision or statutory limitation and shall not constitute nor give <br />rise to a pecuniary liability of the Issuer nor a charge against the general credit or taxing powers of <br />the Issuer. Basic Payments sufficient for the prompt payment when due of the interest on and <br />principal of said Bonds are to be paid directly to the Lender by the Corporation for the account of <br />the Issuer. <br /> <br />A-2 <br />
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