1. MIDA Bond-Essentia Health
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1. MIDA Bond-Essentia Health
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<br />shall be executed by the acting Chairman of the Board of County Commissioners, and in the <br />absence of the County Auditor by such officer of the County who, in the opinion of the County <br />Attorney, may execute such documents. <br /> <br />Section 5. The Bonds. <br /> <br />5.01. Form and Authorized Amount. The Bonds shall be issued on the date, in <br />the form and upon the terms and in accordance with the registration provisions set forth in the <br />Indenture, subject to the parameters set forth in Section 3.04 hereof, in the total principal amount <br />of up to $145,000,000. The Bonds shall be payable as to both principal and interest to the <br />registered Holder thereof at the principal office of the Trustee. <br /> <br />5.02. Execution. The Bonds shall be executed on behalf of the County by the <br />signatures of the Chairman of the Board of County Commissioners and the County Auditor. In <br />case any officer whose signature shall appear on the Bonds shall cease to be such officer before <br />the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. <br /> <br />Section 6. Limitations of the County's Obli~ations. Notwithstanding anything <br />contained in the Bonds, the Loan Agreement, the Indenture, the Joint Powers Agreement or the <br />Bond Purchase Agreement to the contrary, the Bonds shall not be payable from nor charged upon <br />any funds of the County other than the revenue under the Loan Agreement pledged to the <br />payment thereof, nor shall the County be subject to any liability thereon. No Holder or Holders <br />of the Bonds shall ever have the right to compel any exercise of the taxing power of the County <br />to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of <br />the County, other than the revenue under the Loan Agreement pledged to the payment thereof. <br />The Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any <br />property of the County, other than the revenue under the Loan Agreement pledged to the <br />payment thereof. The Bonds, including interest and premium, if any, thereon, are payable solely <br />from the revenue under the Loan Agreement pledged to the payment thereof. The Bonds shall <br />not constitute a debt of the County within the meaning of any constitutional or statutory <br />limitation of indebtedness. <br /> <br />Section 7. Certification of Proceedings. The officers of the County are directed <br />to prepare and furnish to the Underwriter, and to the attorneys rendering an opinion as to the <br />legality of the issuance of the Bonds, certified copies of all proceedings and records of the <br />County, and such other affidavits, certificates and information as may be required to show the <br />facts relating to the legality of the Bonds as the same appears from the books and records under <br />their custody and control or as otherwise known to them, and all such certified copies, <br />certificates and affidavits, including any heretofore furnished, shall be deemed representatives of <br />the County as to the facts stated therein. <br /> <br />Section 8. No Litigation. No litigation of any nature has been commenced <br />against the County by service of process upon the County regarding, restraining, or enjoining the <br />issuance, sale and making of the Bonds, nor contesting the statutory powers granted by the Act, <br />in connection with the issuance of the Bonds, nor regarding the organizational and boundaries of <br />the County or the right of the County Commissioners or officers to their respective offices. To <br /> <br />6 <br />
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