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(c) Subordinate Loan Agreement dated August 1, 2000 <br />(the "Subordinate Loan Agreement") between the City and the <br />Company; <br /> <br /> (d) Subordinate Indenture of Trust dated August 1, <br />2000 (the "Subordinate Indenture") between the Trustee and <br />the City; <br /> <br /> (e) Assignment of Mortgage and Assignment of Leases <br />and Rents dated August 1, 2000 (the "Assignment") from the <br />City to the Trustee pursuant to which the City assigns a <br />subordinate mortgage and assignment of leases and rents on <br />the Project to the Trustee; <br /> <br />(f) Bond Purchase Agreement (the "Bond Purchase <br />Agreement"), by and between U.S. Bancorp Piper Jaffray Inc. <br />(the "Underwriter"), the Company and the City, providing for <br />the purchase of the Bonds from the City by the Underwriter <br />and setting the terms and conditions of purchase; and <br /> <br /> (g) Official Statement relating to the Series 2000A <br />Bonds and Limited Offering Memorandum relating to the Series <br />2000B Bonds. <br /> <br />that: <br /> <br />Findinqs. <br /> <br />It is hereby found, determined and declared <br /> <br /> (a) There is no litigation pending or, to the actual <br />knowledge of the City, threatened against the City <br />questioning the City's execution or delivery of the Bonds, <br />the Loan Agreement, the Subordinate Loan Agreement, the <br />Assignment, the Bond Purchase Agreement, the Indenture or <br />the Subordinate Indenture, questioning the due organization <br />of the City, or the powers or authority of the City to issue <br />the Bonds and undertake the transactions contemplated <br />hereby. <br /> <br /> (b) The execution, delivery and performance of the <br />City's obligations under the Bonds, the Indenture, the <br />Subordinate Indenture, the Assignment, the Bond Purchase <br />Agreement, the Loan Agreement, and the Subordinate Loan <br />Agreement do not and will not violate any order against the <br />City of any court or other agency of government, or any <br />indenture, agreement or other instrument to which the City <br />is a party or by which it or any of its property is bound, <br />or be in conflict with, result in a breach of, or constitute <br />(with due notice or lapse of time or both) a default under <br />any such indenture, agreement or other instrument. <br /> <br /> (c) The Bonds shall not be payable from or a charge <br />upon any funds of the City other than amounts payable <br />pursuant to the Loan Agreement and the Subordinate Loan <br /> <br />1180830.1 3 <br /> <br /> <br />