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Section 4. No portion of the rental payments identified in the Agreement (a) is secured, <br /> directly or indirectly, by property used or to be used in a trade or business carried on by a person <br /> other than a governmental unit, except for such use as a member of the general public, or by <br /> payments in respect of such property; or (b) is to be derived from payments (whether or not to <br /> Lessee) in respect of property or borrowed money used or to be used for a trade or business <br /> carried on by any person other than a governmental until. <br /> Section 5. No portion of the gross proceeds of the Agreement are used (directly or <br /> indirectly)to make or finance loans to persons other than a governmental unit. <br /> Section 6. Lessee hereby designates the Agreement as a qualified tax-exempt obligation <br /> for purposes of Section 265 (b) of the Code. <br /> Section 7. In calendar year 2008, Lessee has designated $926,300.00 of tax-exempt <br /> obligations (including the Agreement) as qualified tax-exempt obligations. Including the <br /> Agreement herein so designated, Lessee will not designate more $10,000,000 of obligations <br /> issued during calendar year 2008 as qualified tax-exempt obligations. <br /> Section 8. Lessee reasonably anticipates that the total amount of tax-exempt obligations <br /> (other than private activity bonds) to be issued by Lessee during calendar year 2008 will not <br /> exceed $10,000,000. <br /> Section 9. For purposes of this resolution, the amount of Tax-exempt obligations stated as <br /> either issued or designated as qualified tax-exempt obligations includes tax-exempt obligations <br /> issued by all entities deriving their issuing authority from Lessee or by an entity subject to <br /> substantial control by Lessee, as provided in Section 265 (b)(3)(E) of the Code. <br /> Section 10. The assessed value of taxable property located within the municipality or <br /> county is $ 87,998,095.00 as determined by the last completed tax assessment. <br /> Section 11. The aggregate principal amount of short-term financing obligations incurred <br /> by Lessee, including the obligations under the Agreement, does not exceed five percent(5%), if <br /> Lessee is a municipality, or two and one-half percent (2 '/2 %), if Lessee is a county, of the <br /> assessed value of taxable property located within the municipality or county, as determined by <br /> the last completed tax assessment. <br /> Section 12. The Authorized Officer is further authorized for and on behalf of the <br /> Governing Body and the Lessee to do all things necessary in furtherance of the obligations of the <br /> Lessee pursuant to the Agreement, including execution and delivery of all other documents <br /> necessary or appropriate to carry out the transactions contemplated thereby in accordance with <br /> the terms and provisions thereof. <br />