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• This bond is issued for the purpose of providing financing of a portion of the <br /> costs of constructing extensions, betterments and improvements to the sewer facilities of the <br /> City's water and sewer system, and costs of authorizing and issuing this bond, and is issued <br /> pursuant to and in full compliance with the Constitution and laws of the State of Arkansas (the <br /> "State"), including particularly Amendment No. 62 to the Arkansas Constitution and the <br /> Arkansas Code of 1987 Annotated, Title 14, Chapter 164, Subchapter 3 (the "Authorizing <br /> Legislation'), and pursuant to Ordinance No. of the City, duly adopted and approved on <br /> the 22nd day of December, 2009 (the "Authorizing Ordinance") and an election duly held on <br /> March 10, 2009 at which the majority of the legal voters of the City voting on the question <br /> approved the issuance of this bond. Reference is hereby made to the Authorizing Ordinance for <br /> the details of the nature and extent of the security and of the rights and obligations of the City <br /> and the registered owner of this bond. <br /> This bond may be assigned with the written approval of the Arkansas Natural <br /> Resources Commission (the "Commission"), and in order to effect such assignment the assignor <br /> shall promptly notify the City Clerk by registered mail, and the assignee shall surrender this bond <br /> along with a written approval of the Commission to the City Clerk for transfer on the registration <br /> records. Every assignee shall take this bond subject to all payments and prepayments of <br /> principal (as reflected by the Payment Record maintained by the City Clerk), prior to such <br /> surrender for transfer. <br /> This bond does not constitute an indebtedness of the City within any <br /> • constitutional or statutory limitation or provision. This bond is a special obligation payable <br /> solely from a pledge of collections of the City's 1% sales and use tax, levied by Ordinance No. <br /> 2009-1-1 of the City duly adopted on January 13, 2009 under the authority of the Authorizing <br /> Legislation (the"Tax"), and the City hereby pledges its collections of the Tax for the payment of <br /> this bond. The City has reserved the right in the Authorizing Ordinance to issue additional bonds <br /> on a parity of security with this bond ("Additional Parity Bonds"). <br /> This bond may be prepaid, at the option of the City, in whole or in part at any <br /> time from Tax collections in excess of the amount necessary to insure the prompt payment of the <br /> principal of and interest on this bond("Surplus Tax Collections") as the same becomes due at the <br /> prepayment price equal to the principal amount being prepaid plus accrued interest to the <br /> prepayment date. If there are no Additional Parity Bonds outstanding, 100% of the Surplus Tax <br /> Collections shall be applied to the redemption of this bond. If there are Additional Parity Bonds <br /> outstanding, the City shall determine the bonds to be redeemed from Surplus Tax Collections. <br /> This bond may also be prepaid at the option of the City from funds from any <br /> other source, in whole but not in part, at any time on and after April 15, 2020, at a prepayment <br /> price equal to the principal amount outstanding, plus accrued interest to the prepayment date, <br /> upon 90 days' notice. Notice shall be given of each prepayment in writing mailed to the address <br /> of the owner of this bond or registered assigns at the address as reflected on the bond registration <br /> books of the City Clerk. <br /> • IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, <br /> conditions and things required by the Constitution and statutes of the State to exist, happen and <br /> be performed precedent to and in the issuance of this bond do exist, have happened and have <br /> 5 <br />