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<br />synthetic turf field house, senior center facility improvements, youth athletic complex improvements, as <br />well as certain park and trail improvements and dredging Lake Orono, pursuant to and in full <br />conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, <br />Chapter 475, as amended, and Minnesota Laws, 2019, 1st Special Section Chapter 6, Article 6, Section <br />17 (the “Special Legislation”). The principal hereof and interest hereon are payable primarily from <br />sales and use tax revenues of the City authorized by the Special Legislation, as set forth in the <br />Resolution to which reference is made for a full statement of rights and powers thereby conferred. The <br />full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council <br />has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any <br />deficiency, which additional taxes may be levied without limitation as to rate or amount. The Bonds of <br />this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple <br />thereof of single maturities. <br /> <br /> The Bond is not a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of <br />the Internal Revenue Code of 1986, as amended (the “Code”). <br /> <br /> As provided in the Resolution and subject to certain limitations set forth therein, this Bond is <br />transferable upon the books of the City at the principal office of the Registrar, by the registered owner <br />hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together <br />with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner <br />or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized <br />denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued <br />in the name of the transferee or registered owner, of the same aggregate principal amount, bearing <br />interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee, or <br />governmental charge required to be paid with respect to such transfer or exchange. <br /> <br /> The City and the Registrar may deem and treat the person in whose name this Bond is <br />registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of <br />receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by <br />any notice to the contrary. <br /> <br /> IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, <br />conditions and things required by the Constitution and laws of the State of Minnesota to be done, to <br />exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it <br />a valid and binding general obligation of the City in accordance with its terms, have been done, do <br />exist, have happened and have been performed as so required, and that the issuance of this Bond does <br />not cause the indebtedness of the City to exceed any constitutional or statutory limitation of <br />indebtedness. <br /> <br /> This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under <br />the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by <br />manual signature of one of its authorized representatives. <br /> <br /> IN WITNESS WHEREOF, the City of Elk River, Minnesota, by its City Council, has caused <br />this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City <br />Clerk and has caused this Bond to be dated as of the date set forth below. <br /> <br /> <br />603216v1EL185-44 <br />B-2 <br /> <br />