1. MIDA Bond Sisters of Presentation
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1. MIDA Bond Sisters of Presentation
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<br />ARTICLE THREE <br />GENERAL COVENANTS <br /> <br />3.1. PAYMENTOFPRINCIPALANDINTEREST. The Issuer covenants that it will promptly <br />payor cause to be paid the principal of and interest on the Bonds at the place and on the dates <br />required, but solely from the source and in the manner provided herein and in the Bonds. The <br />principal and interest are payable solely from and secured by revenues and proceeds derived from <br />the Loan Agreement, or credited to the Bond Account or the Construction Account, which revenues <br />and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent <br />specified herein and in the Bonds, the Loan Agreement and the Pledge Agreement and nothing in <br />the Bonds or in this Bond Resolution shall be considered as assigning, pledging or otherwise <br />encumbering any other funds or assets of the Issuer. <br /> <br />3.2. PERFORMANCE OF ISSUER COVENANTS. The Issuer covenants that it will faithfully <br />perform at all times any and all covenants, undertakings. stipulations and provisions contained in this <br />Bond Resolution, in the Bonds executed, authenticated and delivered hereunder and in all <br />proceedings of the County Commission pertaining thereto; that it is duly authorized under the <br />constitution and laws of the State of North Dakota including particularly and without limitation the <br />Act. to issue the Bonds authorized hereby. pledge the revenues and assign the Loan Agreement in <br />the manner and to the extent set forth in this Bond Resolution, the Bonds. the Loan Agreement and <br />the Pledge Agreement; that all action on its part for the issuance of the Bonds and for the execution <br />and delivery thereof has been duly and effectively taken; and that the Bonds in the hands of the <br />Lender are and will be a valid and enforceable special limited obligation of the Issuer according to <br />the terms thereof. <br /> <br />3.3. ENFORCEMENT AND PERFORMANCE OF COVENANTS. The Issuer agrees to enforce <br />all covenants and obligations of the Corporation under the Loan Agreement upon request of the <br />Lender and being indemnified to the satisfaction of the Issuer for all expenses and claims arising <br />therefrom. and to perform all covenants and other provisions pertaining to the Issuer contained <br />herein and in the Bonds, the Loan Agreement and the Pledge Agreement. subject to Section 3.4. <br /> <br />3.4. NA TURE OF SEClJRITY. Notwithstanding anything contained in the Bonds, the Loan <br />Agreement or the Pledge Agreement to the contrary. under the provisions of the Act the Bonds may <br />not be payable from or be a charge upon any funds of the Issuer other than the Bond Account or the <br />Construction Account and the revenues and proceeds pledged to the payment thereof, nor shall the <br />Issuer be subject to any liability thereon, nor shall the Bonds otherwise constitute or give rise to a <br />pecuniary liability of the Issuer or, to the extent permitted by law. any of the Issuer's officers, <br />employees and agents. No holder of the Bonds shall ever have the right to compel any exercise of <br />the taxing pm'"ier of the Issuer to pay the Bonds or the interest thereon. or to enforce payment thereof <br />against any propeliy of the Issuer other than the revenues pledged under the Pledge Agreement: and <br />the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property <br />of the Issuer, other than sums held in the Bond Account and the Construction Account; and the <br />Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory <br /> <br />-5- <br />
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