1. MIDA Bond Sisters of Presentation
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1. MIDA Bond Sisters of Presentation
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<br />limitation of indebtedness; but nothing in the Act impairs the rights of the Lender to enforce the <br />covenants made for the security thereof as provided in this Bond Resolution, the Loan Agreement <br />and the Pledge Agreement, and in the Act. and the Issuer has made the covenants and agreements <br />herein for the benefit of the Lender: provided that in any event. the agreement of the Issuer to <br />perform or enforce the covenants and other provisions contained herein and in the Bonds, the Loan <br />Agreement and the Pledge Agreement shall be subject at all times to the availability of revenue under <br />the Loan Agreement or held in the Bond Account and the Construction Account sufficient to pay all <br />costs of such performance or the enforcement; thereof, and the Issuer shall not be subject to any <br />personal or pecuniary liability thereon. <br /> <br />ARTICLE FOUR <br />MISCELLANEOUS <br /> <br />4.1. SEVERABILITY. Ifany provision of this Bond Resolution shall be held or deemed to <br />be or shall, in fact. be inoperative or unenforceable as applied in any particular case in any <br />jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any <br />provisions of any constitution or statute or rule or public policy, or for any other reason, such <br />circumstances shall not have the effect of rendering the provision in question inoperative or <br />unenforceable in any other case or circumstance or of rendering any other provision or provisions <br />herein contained invalid, inoperative. or unenforceable to any extent whatever. The invalidity of any <br />one or more phrases, sentences, clauses or paragraphs in this Bond Resolution contained shall not <br />affect the remaining portions of this Bond Resolution or any part thereof. <br /> <br />4.2. AlJTHENTICA TION oFTRANSCRIPT. The officers of the Issuer are directed to furnish <br />to Bond Counsel certified copies ofthis Bond Resolution and all documents referred to herein, and <br />affidavits or certificates as to all other matters which are reasonably necessary to evidence the <br />validity of the Bonds. All such certified copies. certificates and affidavits. including any heretofore <br />furnished shall constitute recitals of the Issuer as to the correctness of all statements contained <br />therein. <br /> <br />4.3. AUTHORIZATION TO EXECUTE AGREEMENTS. The forms of the proposed Loan <br />Agreement and the Pledge Agreement are hereby approved in the form heretofore presented to the <br />County Commission together with such additional details therein as may be necessary and <br />appropriate and such modifications thereoL deletions therefrom and additions thereto as may be <br />necessary and appropriate and approved by Bond Counsel prior to the execution of the documents. <br />and the Chair of the Board of County Commissioners and County Auditor of the Issuer (collectively. <br />the "Issuer Officers"), are authorized to execute the Loan Agreement and the Pledge Agreement in <br />the name of and on behalf of the Issuer and such other documents as Bond Counsel consider <br />appropriate in connection with the issuance of the Bonds. In the event of the absence or any <br />disability of any of the Issuer Officers such officers of the Issuer as. in the opinion of the Issuer <br />attorney, may act in their behalf, shall without further act or authorization of the County Commission <br />do all things and execute all instruments and documents required to be done or executed by such <br />absent or disabled officers. The execution of any instrument (including the Bonds) by the appropriate <br /> <br />-6- <br />
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