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k. Assignment of Mortgage (the "Series 1998 C Assignment" and together with the Series 1998 B Assignment, collectively referred to as the "Assignments") dated as of August 1, 1998, from the City to the Trustee, by which the City assigns to the Trustee its interest in the rights granted by Borrower 1998 C tO the Mortgagee under the Series 1998 C Mortgage, and all with respect to the property mortgaged under the Series 1998 C Mortgage; and 1. Continuing Disclosure Agreement (the "Disclosure Agreement") dated as of August 1, 1998, between the Borrower and the Trustee, providing that the Borrowers make certain ongoing disclosures with respect to the Bonds, as more fully set forth therein (this document not to be executed by the City); and m. Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between Piper Jaffray, Inc., U.S. Bancorp Investments, Inc. and Miller, Johnson & Kuehn Incorporated (the "Original Purchasers"), the Borrowers, and the City, providing for the purchase of the Bonds from the City by the Original Purchasers and setting the terms and conditions of purchase; and n. Preliminary Official Statement, the form of the Preliminary Official Statement, together with the insertion of such underwriting details as the interest rates to be borne by the Bonds and related matters, intended to constitute the form of the final Official Statement, describing the offerihg of the Bonds, and certain terms and provisions of the foregoing documents (this document not to be executed by the City). 6. Findings. It is hereby found, determined and declared that: a. There is no litigation pending or, to the actual knowledge of the City, threatened against the City relating to any of the Projects or to the Bonds, the Joint Powers Agreement, the Loan Agreements, the Consolidated Indenture, the Mortgages, the Assignments or the Bond Purchase Agreement or questioning the organization, powers or authority of the City to issue the Bonds or execute such agreements. b. The execution, delivery and performance of the City's obligations under the Bonds, the Joint Powers Agreement, the Consolidated Indenture, the Loan Agreements, the Assignments and the Bond Purchase Agreement do not and will not violate any order of any court or any agency of government of which the City is aware or in any proceeding to which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. c. The Bonds are to be issued by the City upon the terms set forth in the Consolidated Indenture, under the provisions of which the City's interests in the Loan