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RESOLUTION APPROVING OF THE ISSUANCE OF <br />UNIVERSITY FACILITIES REVENUE BONDS <br />(NDSU DEVELOPMENT FOUNDATION PROJECT) <br />SERIES 2003 <br /> <br /> BE IT RESOLVED by the Board of County Commissioners of Cass County, North Dakota, <br />as follows: <br /> <br />RECITALS: <br /> <br /> 1. Cass County, North Dakota (the "County") is authorized pursuant to Chapter 40-57 <br />of the North Dakota Century Code (the "Act") to issue its revenue bonds for the purpose of <br />providing financing for the construction, acquisition and installation of equipment and buildings to <br />be used in connection with revenue producing facilities. <br /> <br /> 2. North Dakota State University Development Foundation, a North Dakota nonprofit <br />corporation (the "Company"), has requested the County to issue its University Facilities Revenue <br />Bonds (NDSU Development Foundation Project) Series 2003 (the "Bonds") in the amount not to <br />exceed $4,500,000 for the purpose of financing the construction and equipping of an 80,400 square <br />foot horse barn and related equine facilities located at 5140 19th Avenue NW., Fargo, North Dakota <br />(the "Project"). <br /> <br /> 3. The County~ Commission has, on September 29, 2003, held a public hearing regarding <br />the issuance of the Bonds, following duly published notice thereof, and all persons desiring to be <br />heard were heard. <br /> <br /> 4. It is in the public interest, for public benefit and in furtherance of the public purposes <br />of the County that the County Commission provide approval of the issuance of Bonds to finance the <br />Project. <br /> <br />NOW, THEREFORE, it is hereby found, determined and ordered, as follows: <br /> <br /> 1. The County hereby approves the issuance and sale, pursuant to the Act, of (i) its <br />University Facilities Revenue Bonds (NDSU Development Foundation Project) Series 2003 (the <br />"Bonds") in the principal amount not to exceed $4,500,000, for the purposes of financing the <br />Project. <br /> <br /> 2. The Bonds will be issued pursuant to an Indenture of Trust (the "Indenture") between <br />the County and U.S. Bank National Association as Trustee. Payment of the principal of and interest <br />on the Bonds will be payable solely from payments made by the Company pursuant to the Loan <br />Agreement and other amounts pledge under the Indenture. <br /> <br />-1- <br /> <br /> <br />