PRILIMINARY OFFIC STATEMENT 11-15-2001 44.

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If a Determination of Taxability occurs,the Borrower shall forthwith repay the Loan and cause the Series 2001 Bonds to be redeemed on the first Business Day for which notice of redemption can be given in accordance with the Indenture following notice to the Borrower of the Determination of Taxability. Any such redemption shall be effected upon the terms and conditions in the Loan Agreement and at a redemption price equal to an amount which, when added to all amounts then held under the Indenture and available for the purpose,will be equal to the principal amount of all then Outstanding Series 2001 Bonds, plus accrued interest thereon to the redemption date, and, in the event that it is determined that the Determination of Taxability is the fault of the Borrower, a premium equal to three percent(3%) of the principal amount of each Bond redeemed.The Borrower shall also pay an amount equal to the Trustee's and any paying agent's fees under the Indenture, accrued and to accrue until final payment and redemption of the Bonds being redeemed and all other advances, fees, costs and expenses incurred by the Trustee under the Indenture. Pledge of Tax Increment Revenues At or before the Date of Issuance,the City will execute and deliver the Tax Increment Note, whereby the City will agree to pay to the Borrower the Tax Increment Revenue, and the Borrower will deliver the Assignment of TIF Note to the Trustee as additional security for the Bonds, and will direct the City to make the payments of Tax Increment Revenue to the Trustee. The Trustee shall deposit the Tax Increment Revenue, as received, in the Revenue Fund, to be used as provided in the Indenture. Ownership and Operation The Borrower will use the Project Facilities and all Mortgaged Property only in furtherance of its lawful purposes and will cause the Project Facilities to be used and operated as required by the Act. The Borrower will not use or permit any person to use the Project Facilities or the Mortgaged Property for any use or purpose in violation of the laws of the United States,the State,or any ordinance of the City,and agrees to comply with all the orders, rules, regulations and requirements of the City, the County or the State or other governmental authority having jurisdiction over the Project Facilities. The Borrower shall have the right to contest by appropriate legal proceedings,without cost or expense to the City, the validity of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this paragraph. The Borrower agrees that so long as the Bonds are Outstanding, the Borrower will keep or cause to be kept the Project Facilities and the Mortgaged Property in good repair and good operating condition (ordinary wear, tear, and obsolescence and acts of God being excepted) at its own cost, making such repairs and replacements as are necessary to that end.