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<br />EL185-67-687630.v1 3 <br /> <br />to the holders of any of the Refunding Bonds, or principal payment due to the holders of any of <br />the Refunded Bonds, the Escrow Agent shall immediately notify the City. The City thereupon <br />shall forthwith deposit in Escrow Account from funds on hand and legally available to it such <br />additional funds as may be required to meet fully the amount to become due and payable. The <br />City acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to <br />the extent required to produce moneys necessary for this purpose. The City and the Escrow <br />Agent acknowledge receipt of a verification report from _____________, ______. ________, <br />certified public accountants, dated December __, 2020, which is attached hereto, marked Exhibit <br />A and made a part hereof, to the effect that such cash and securities are suf ficient to comply with <br />the requirements of the Act. <br /> <br /> 7. The City will not repeal or amend the Resolution which calls the Refunded Bonds <br />for redemption on the Redemption Date. The Escrow Agent shall cause the Notice of Call for <br />redemption attached hereto as Exhibit B to be mailed not more than 60 days prior to the <br />Redemption Date to the paying agent for the Refunded Bonds for the purpose of giving notice <br />not less than 30 days prior to the Redemption Date to the registered owners of the Refunded <br />Bonds to be redeemed, at their addresses appearing in the bond register and also to the bank at <br />which the principal and interest on the Refunded Bonds are then payable. <br /> <br /> 8. The Escrow Agent shall cause the Notices of Defeasance attached hereto as Exhibit <br />C to be filed with the Municipal Securities Rulemaking Board within 10 business days of the <br />issuance of the Refunding Bonds. <br /> <br /> 9. On or before January 15, 2022, and on or before January 15 of each year <br />thereafter until termination of the Escrow Account, the Escrow Agent shall submit to the City a <br />report covering all money it shall have received and all payments it shall have made or caused to <br />be made hereunder during the preceding 12 months. Such report shall also list all obligations <br />held in the Escrow Account and the amount of money on hand in the Escrow Account on the <br />January 15 of each year. <br /> <br /> 10. It is recognized and agreed that title to the cash and Federal Securities, if any, <br />held in the Escrow Account from time to time shall remain vested in the City but subject always <br />to the prior charge and lien thereon of this Agreement and the use thereof required to be made by <br />this Agreement. The Escrow Agent shall hold all such money and obligations in a special <br />escrow account separate and wholly segregated from all other funds and securities of the Escrow <br />Agent, and shall never commingle such money or securities with other money or securities. It is <br />understood and agreed that the responsibility of the Escrow Agent under this Agreement is <br />limited to the safekeeping and segregation of the funds and securities deposited with it in the <br />Escrow Account, and the collection of and accounting for the principal and interest payable with <br />respect thereto, the reinvestment of certain funds in Federal Securities to the extent not being <br />held as uninvested cash and the remittance of the funds to the paying agent as provided in this <br />Agreement. <br /> <br /> 11. This Agreement is made by the City for the benefit of the holders of the <br />Refunding Bonds and the Refunded Bonds, and is not revocable by the City, and the funds and <br />securities deposited in the Escrow Account and all income therefrom have been irrevocably