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Section 2. Approval of Loan Contracts; Authorization of Promissory Notes; and <br /> Escrow Agreement. Pursuant to and in accordance with the State Constitution and the Enabling <br /> Law, there is hereby authorized and approved the execution of the Loan Contracts, and the <br /> Security Agreements attached thereto, in the form submitted to the Board, provided that <br /> satisfaction of the contingencies described in Section 8 herein shall be required prior to the <br /> funding of any draw request. There shall be issued by the District the Promissory Notes, in the <br /> form submitted to the Board, in the aggregate principal amounts as stated therein, for the purpose <br /> of paying the Eligible Expenses and other costs in connection with the Promissory Notes. There <br /> is hereby authorized and approved the execution of the Escrow Agreement, in the form <br /> submitted to the Board. All covenants, statements, representations and agreements contained in <br /> the Loan Contracts, the Promissory Notes and the Escrow Agreement are hereby approved and <br /> adopted as the covenants, statements, representations and agreements of the District. The <br /> accomplishment of each Project is hereby authorized, approved and ordered. <br /> Section 3. Form of Promissory Notes. The Promissory Notes shall be in the forms set <br /> forth in Appendix 2 to each Loan Contract and executed by the authorized officers of the District <br /> (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such <br /> approval). The Promissory Notes shall have repayment terms of 30 years from the date of <br /> substantial completion of the portion of the Project related to each Loan Contract. The interest <br /> rate authorized for each Promissory Note is 3.0%per annum. <br /> Section 4. Fund and Accounts. <br /> (a) Re Affirmation of Funds; Creation of Accounts. There is hereby <br /> reaffirmed the following funds previously established by the District: the Water Activity <br /> Enterprise Fund. There is hereby established within the Water Activity Enterprise Fund, <br /> the Loan Repayment Account and the Reserve Account. This Resolution authorizes the <br /> establishment of line items within each such account for the annual payments and the <br /> Required Reserve Amounts of each Loan Contract. The District shall keep proper books <br /> of record and accounts showing complete and correct entries in each of the funds and <br /> accounts referred to herein and in such manner that the Gross Revenue and the Pledged <br /> Revenue may at all times be readily and accurately determined. <br /> (b) Reserve Account. <br /> (i) Use of Moneys in the Reserve Account. Moneys in the Reserve <br /> Account shall be used, if necessary, only to prevent a default in the payment of <br /> the principal of or interest on the Promissory Notes on any Payment Date and the <br /> Reserve Account is hereby pledged to the payment of the Promissory Notes. The <br /> District shall transfer moneys from the Reserve Account to pay principal of and <br /> interest on the Promissory Notes in the event that Pledged Revenues are not <br /> sufficient to make such payments when due. <br /> (ii) Funding and Maintenance of Required Reserve Amount. <br /> Commencing with the first Payment Date for each Loan Contract, the District <br /> shall annually credit an amount equal to one-tenth of the Required Reserve <br /> Amount for such Loan Contracts on or before each Payment Date until such time <br /> {00465252.DOC/6}corrected 5 <br /> 4831-3765-6607.4 <br />