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Minnesota Statutes, Section 469.152-1651, and pursuant to resolutions adopted and approved by
<br />the governing body of the Issuer, which resolutions authorized the Project and the execution and
<br />delivery of the Indenture, and the issuance of the Bonds as special, limited obligations payable
<br />solely from revenues derived from the Loan Agreement, including Letter of Credit proceeds,
<br />except that under certain circumstances the Bonds may be payable from Bond proceeds. The
<br />loan repayments under the Loan Agreement are scheduled to be sufficient to pay the principal of,
<br />premium, if any, and interest on the Bonds as the same become due and payable and are to be
<br />paid to the Trustee for the account of the Issuer and credited to the Bond Fund as a special trust
<br />fund account created by the Issuer and have been and are hereby pledged for that purpose. This
<br />Bond and the interest hereon and any penalty, charge, or premium, or any amounts payable
<br />hereunder, however designated, due hereunder are payable by the Issuer solely from Tax
<br />Increment and the revenues and proceeds derived from the Loan Agreement, do not constitute a
<br />debt of the Issuer within the meaning of any constitutional or statutory limitation, are not payable
<br />from or a charge upon any funds of the Issuer other than the revenues and proceeds pledged by
<br />the Issuer to the payment thereof, and do not give rise to a pecuniary liability of the Issuer nor of
<br />any of its officers, agents, or employees, and no holder of this Bond shall ever have the right to
<br />compel any exercise of the taxing power of the Issuer or the State or any of its political
<br />subdivisions to pay this Bond or the interest hereon or any penalty, charge, or premium or any
<br />amounts payable hereunder, however designated, due hereunder, or to enforce payment thereof
<br />against any property of the Issuer, and this Bond and the interest hereon and any penalty, charge,
<br />or premium, or any amounts payable hereunder, however designated, do not constitute a charge,
<br />lien, or encumbrance, legal or equitable, upon any property of the Issuer and the agreement of
<br />the Issuer to perform or cause the performance of the covenants and other provisions herein
<br />referred to shall be subject at all times to the availability of revenues or other funds furnished for
<br />such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such
<br />performance or the enforcement thereof. The provisions of this paragraph shall, for purposes of
<br />this Bond, be controlling and shall be given full force and effect, anything else to the contrary in
<br />this Bond notwithstanding.
<br />[23] The Registered Holder of this Bond shall have no right to enforce the
<br />provisions of the Indenture or to institute action to enforce the covenants therein, or to take any
<br />action with respect to any Event of Default under the Indenture, or to institute, appear in or
<br />defend any suit or other proceedings with respect thereto, except as provided in the Indenture.
<br />Modifications or alterations of the Indenture, or of any indenture supplemental thereto, may be
<br />made only to the extent and in the circumstances permitted by the Indenture.
<br />[24] With the consent of the Issuer, the Company, the Reimbursement Bank
<br />and the Trustee, as appropriate, and to the extent permitted by and as provided in the Indenture,
<br />the terms and provisions of the Indenture, the Loan Agreement and the Letter of Credit, or of any
<br />instrument supplemental thereto, may be modified or altered by the consent of the Registered
<br />Holders of at least 51 % in aggregate principal amount of the Bonds then Outstanding thereunder.
<br />[25] The Indenture also contains provisions permitting Holders of a majority in
<br />aggregate principal amount of the Bonds at the time Outstanding, on behalf of all the Holders of
<br />all the Bonds and with the consent of the Bank, to waive compliance by the Issuer with certain
<br />provisions of the Indenture and certain past defaults under the Indenture and their consequences.
<br />Any such consent or waiver by the Registered Holder of this Bond shall be conclusive and
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