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d. Preliminary Official Statement and form of final Official Statement, the <br /> form of the Preliminary Official Statement, together with the insertion of the final <br /> underwriting details of the Bonds, including the interest rates thereon, and any other <br /> changes deemed necessary or desirable, intended to constitute the form of the final <br /> Official Statement, and including all Appendices thereto (together the "Official <br /> Statement"), describing the offering of the Bonds, and certain terms and provisions of the <br /> foregoing documents. <br /> 4. Findings. It is hereby found, determined and declared that: <br /> a. Based upon information supplied by the Borrower, the Project will further <br /> the purposes contemplated by and described in Section 469.152 of the Act and will result <br /> in the encouragement and development of economically sound industry and commerce <br /> through governmental action for the purpose of preventing the emergence of blighted and <br /> marginal lands and areas of chronic unemployment, and would enhance the provision of <br /> health care services and facilities to members of the community. <br /> b. There is no litigation pending or, to the knowledge of the Issuer, <br /> threatened against the Issuer relating to the Project, the Bonds, or the Indenture, the Loan <br /> Agreement or the Bond Purchase Agreement (collectively referred to as the "Bond <br /> Documents") or questioning the organization, powers or authority of the Issuer to issue <br /> the Bonds or to execute or deliver any of the Bond Documents. <br /> C. The execution and delivery of and the performance of the Issuer's <br /> obligations under the Bonds and the Bond Documents do not and will not violate any <br /> order of any court or any agency of government or in any proceeding to which the Issuer <br /> is a party, or any indenture, agreement or other instrument to which the Issuer is a party <br /> or by which it or any of its property is bound, or be in conflict with, result in a breach of, <br /> or constitute (with due notice or lapse of time or both) a default under any such indenture, <br /> agreement or other instrument. <br /> d. The Loan Agreement provides for payments by the Borrower to the Issuer <br /> of such amounts as will be sufficient to pay the principal of, premium, if any, and interest <br /> on the Bonds when due. <br /> e. Under the provisions of the Act, the Bonds are not and shall not be payable <br /> from or charged upon any funds other than amounts payable pursuant to the Loan <br /> Agreement and related documents;the Issuer is not subject to any liability thereon;no <br /> owner of the Bonds shall ever have the right to compel the exercise of the taxing power of <br /> the Issuer to pay the Bonds or the interest thereon, nor to enforce payment thereof against <br /> any property of the Issuer; neither the Bonds nor any document executed or approved in <br /> connection with the issuance thereof shall constitute a pecuniary liability, general or moral <br /> obligation, charge, lien or encumbrance, legal or equitable,upon any property of the Issuer; <br /> and the Bonds shall not constitute or give rise to a charge against the general credit or taxing <br /> powers of the Issuer. <br /> 2 <br />