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• <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5461 <br />(g) The Borrower has approved and requested the City to <br />accept the proposal of the Lenders to purchase the Notes on the terms set forth <br />herein and in the Assignment, and the proposal appears feasible and <br />reasonable. <br />(h) Under the provisions of Section 469.162 of the Act and <br />as provided in the Loan Agreement, the Notes are not to be payable from nor <br />charged upon any funds other than amounts payable pursuant to the Loan <br />Agreement and moneys in the funds and accounts held by the Trustee which <br />are pledged to the payment thereof; the City is not subject to any liability <br />thereon; no holders of the Notes shall ever have the right to compel the <br />exercise of the taxing power of the City to pay any of the Notes or the interest <br />thereon, nor to enforce payment thereof against any property of the City; the <br />Notes shall never constitute an indebtedness of the City, within the meaning of <br />any constitutional, statutory or charter limitation and shall not constitute nor <br />give rise to a pecuniary liability of the City or a charge against its general <br />credit or taxing powers; the Notes shall not constitute a charge, lien or <br />encumbrance, legal or equitable, upon any property of the City; and the Notes <br />shall not constitute nor give rise to a charge against the general credit or taxing <br />powers of the City and does not grant to the owner or holder of the Notes the <br />right to have the City levy taxes or appropriate any funds for the payment of <br />principal thereof or the interest or premium, if any, thereon and the Notes are <br />not a general obligation of the City or individual officers or agents thereof. <br />5. Application to Commissioner. The City shall submit the <br />application for approval of the Project and issuance of the Notes to the <br />Commissioner of the Department of Employment and Economic Development <br />for approval. <br />6. Approval and Execution of Documents. The forms of the <br />Loan Agreement, the Mortgage and the Assignment referred to in paragraph 3 <br />are approved and shall be executed in the name and on behalf of the City by <br />the Mayor and the City Clerk or the officers authorized to act on behalf o the <br />foregoing officers, in substantially the form on file, but with all such changes <br />therein, not inconsistent with the Act or other law, as may be approved by the <br />officers executing the same, which approval shall be conclusively evidenced <br />3 <br />