1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />Upon the execution and delivery of this Indenture the Issuer shall execute and deliver to the <br />Trustee, and the Trustee shall authenticate, the Series 2008 Bonds in the aggregate principal amount <br />of$23,705,000, and the Trustee shall deliver the Series 2008 Bonds to the Underwriter at such time <br />or times as may be directed by the Issuer after filing with the Trustee the following: <br /> <br />(a) original executed counterparts of this Indenture and the Loan Agreement; <br /> <br />(b) original executed counterparts of the Mortgage and Assignment recorded, or <br />to be recorded, with the County Recorder ofCass County, and of financing statements filed, <br />or to be filed, with the Secretary of State of North Dakota or the County Recorder ofCass <br />County, or at such other offices as Bond Counsel shall have required; <br /> <br />(c) a copy, duly certified by the Issuer's Auditor or her deputy, of the resolution <br />adopted and approved by the Board of County Commissioners ofthe Issuer, authorizing the <br />execution and delivery of this Indenture and the Loan Agreement and the issuance of the <br />Bonds; <br /> <br />(d) a request and authorization (which may be part of a certificate of the Issuer) <br />to the Trustee on behalf of the Issuer, signed by its Chair of the Board of County <br />Commissioners or County Auditor, to deliver the Bonds to the Underwriter therein identified <br />upon payment to the Trustee for the account of the Issuer of a specified sum plus accrued <br />interest; <br /> <br />(e) the opinion of Bond Counsel approving the legality of the Bonds issued <br />pursuant to this Indenture; and <br /> <br />if) any other documents or opinions which Bond Counsel may reasonably require <br />for purposes of rendering its opinion required under clause (e) of this Section. <br /> <br />SECTION 2.5. PLACE OF PAYMENT. The principal of the Bonds shall be payable upon <br />presentation and surrender of such Bonds as they respectively become due at the principal corporate <br />trust office ofthe Trustee. Interest on the Bonds shall be payable when due to the registered owner <br />as ofthe Record Date (i) by check or draft drawn upon, and mailed by, the Trustee at the address of <br />the Registered Owner shown on the registration books of the Trustee, or (ii) by wire transfer to any <br />bank in the United States which is a member of the Federal Reserve System for a registered owner <br />of$100,000 or more in aggregate principal amount of Bonds who, by written request delivered to <br />the Trustee no later than the Record Date for the Payment, has requested the Trustee to make any <br />payments of interest due to it by wire transfer at a specified wire transfer address (which request <br />needs to be given only once unless the registered owner wishes to change the wire transfer address. <br />Payment as aforesaid shall be made in lawful money of the United States of America. <br /> <br />SECTION 2.6. RETENTION AND CANCELLATION OF BONDS. All Bonds which have been <br />redeemed shall be canceled by the Trustee and shall not be reissued. Matured Bonds delivered to <br /> <br />2-3 <br />
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