HomeMy WebLinkAboutTRUSTEE CERTIFICATE/RECEIPT6 41. yl.
TRUSTEE CERTIFICATE AND RECEIPT
The undersigned individual hereby certifies that such individual is authorized to execute
and deliver this Certificate on behalf of U.S. Bank Trust National Association(the "Trustee"),
and that:
1. The Indenture of Trust, dated as of November 1, 2001 (the "Indenture") between
the City of Orono, Minnesota(the "Issuer"), which authorizes the issuance by the Issuer of
$ in aggregate principal amount of its Senior Housing Revenue Bonds (Orono
Woods Apartment Project), Series 2001A, $ in aggregate principal amount of its
Senior Housing Revenue Bonds (Orono Woods Apartment Project), Taxable Series 2001B, and
$ in aggregate principal amount of its Senior Housing Revenue Bonds (Orono
Woods Apartment Project), Subordinate Series 2001 C (collectively, the "Bonds"), has been duly
authorized, executed and delivered by the Trustee. Capitalized terms used but not defined herein
are used with the meanings assigned in the Indenture.
2. The Trustee is duly organized in good standing as a national banking association
with all necessary power and authority to execute, deliver and perform the Indenture and to
enforce any remedies available at law or equity under the Indenture.
3. Assuming due authorization, execution and delivery thereof by any other parties
thereto, the Indenture constitutes a valid and binding agreement of the Trustee, enforceable in
accordance with its terms, except to the extent limited by any future proceedings concerning the
Trustee under bankruptcy, reorganization or other laws of general applicability relating to or
affecting the enforcement of creditors' rights, and principles of equity.
4. The execution, delivery and performance of the Indenture will not violate, conflict
with or constitute a breach or default under any instrument, agreement, law or regulation to
which the Trustee or its property is subject.
5. Pursuant to the Indenture and the request and authorization to the Trustee from the
Issuer (the "Order"), Bonds in the total aggregate principal amount of$ have been
duly authenticated on behalf of the Trustee in accordance with the Indenture by the signing of the
Trustee's Certificate of Authentication thereon by officers or signatories of the Trustee, and such
officers or signatories were duly authorized to authenticate the Bonds.
6. The Trustee has delivered all Bonds so authenticated on this date as directed by
the Order upon receipt of sale proceeds thereof in the amount $ , which includes
accrued interest in the amount of$ , and is net of an underwriter's discount in the
amount of$ and net of original issue discount in the amount of$
7. The Trustee has received all amounts required to be received on the Date of
Issuance pursuant to Section 4.02 of the Indenture, and the Trustee has applied all amounts so
received to the purposes stated in such Section 4.02.
8. The Trustee has accepted receipt on the date hereof of each of the documents or
instruments required pursuant to the Indenture to be received by the Trustee prior to issuance of
the Bonds.
9. The Trustee has duly performed and observed all its obligations under the
Indenture required to be performed or observed on or prior to the date hereof and the Trustee is
not in default under such agreement and is not aware that the Borrower is in default under the
Loan Agreement.
[Remainder of Page Intentionally Blank]
2
IN WITNESS WHEREOF, I have executed this Certificate on behalf of U.S. BANK
TRUST NATIONAL ASSOCIATION as of this 30th day of November, 2001.
U.S. BANK TRUST NATIONAL
ASSOCIATION, as Trustee
By
Authorized Trust Officer
[Signature Page to Trustee Certificate and Receipt]
Error!Unknown document property name.
3