1. MIDA Bond Oak Grove Lutheran School
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1. MIDA Bond Oak Grove Lutheran School
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7/11/2006 12:41:41 PM
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7/11/2006 11:26:50 AM
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<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 Mortgage, <br />Security Agreement and Fixture Financing Statement dated as of July 1,2006 (the "Mortgage") from <br />the Corporation to the Lender and an Assignment of Capital Campaign Contributions dated as of <br />July 1,2006 (the "Assignment"), from the Corporation and Oak Grove Lutheran School Foundation <br />(the "Foundation") to the Lender. <br /> <br />Reference is hereby made to the Loan Agreement, the Mortgage, the Assignment and the <br />Pledge Agreement for a description of the properties; and rights encumbered and assigned, the <br />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 whieh the Bonds <br />are issued and secured. <br /> <br />This Series 2006C Bond and the issue of Bonds of which it forms a part are issued pursuant <br />to and in full compliance with the Constitution and laws of the State of North Dakota particularly <br />North Dakota Century Code, Chapter 40-57, and pursuant to a resolution adopted and approved by <br />the County Commission on July 17,2006. This Series 2006C Bond and the issue of which it forms <br />a part are limited obligations of the Issuer and are payable solely out of the revenues and other <br />amounts derived from the Loan Agreement or sale or other disposition of the Facility financed <br />through the issuance of the Bonds. The Bonds do not now and shall never constitute an indebtedness <br />of the Issuer within the meaning of any State constitutional provision or statutory limitation and shall <br />not constitute nor give rise to a pecuniary liability ofthe Issuer nor a charge against the general credit <br />or taxing powers of the Issuer. Basic Payments sufficient for the prompt payment when due of the <br />interest on and prineipal of said Bonds are to be paid directly to the Lender by the Corporation for <br />the account of the Issuer. <br /> <br />This Series 2006C Bond is transferable, but only upon registration books of the Issuer at the <br />office of the County Auditor, as Bond Registrar, by the registered holder hereof in person or by his <br />attorney duly authorized in writing, upon the surrender of this Series 2006C Bond, together with a <br />written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered <br />owner or his attorney duly authorized in writing and thereupon, Bond or Bonds, in registered form, <br />in the same aggregate principal amount, maturity and interest rate shall be issued to the transferee <br />in exchange thercfor. <br /> <br />The registration, registration of transfer, and exchange of this Series 2006C Bond is subject <br />to a eharge by the Bond Registrar sufficient to cover any governmental tax or fee in connection <br />therewith. No registration, registration of transfer, or exchange shall be made by the Bond Registrar <br />during the period beginning on the fifteenth (15th) day of the month next preceding an Interest <br />Payment Date and ending on such Interest Payment Date, during the period of ten (10) days <br />preceding the giving of notice of redemption or after this Series 2006C Bond shall be called for <br />redemption in whole or in part. <br /> <br />c-] <br />
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