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excess of amounts which under then applicable federal arbitrage regulations may be invested <br />�- without regard to yield shall not be invested at a yield in excess of the applicable yield <br />restrictions imposed by said arbitrage regulations on such investments after taking into account <br />any applicable "temporary periods" or "minor portion" made available under the federal arbitrage <br />regulations. Money in the Fund shall not be invested in obligations or deposits issued by, <br />guaranteed by or insured by the United States or any agency or instrumentality thereof if and to <br />the extent that such investment would cause the Certificates to be "federally guaranteed" within <br />the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). <br />9. Tax Lew; Coverage Te . To provide moneys for payment of the principal and <br />interest on the Certificates there is hereby levied upon all of the taxable property in the City a <br />direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as <br />part of other general property taxes in the City for the years and in the amounts as follows: <br />Year of Tax Lew Year of Tax Collection Amount <br />2010 2011 $30,555 <br />2011 2012 30,345 <br />2012 2013 30,083 <br />2013 2014 29,768 <br />In addition, the City has heretofore levied, in the year 2009 for collection in the year <br />2010, a direct ad valorem tax in the amount of $17,994, which shall be spread upon the tax rolls <br />and collected with and as part of other general property taxes in the City. The tax levies are such <br />that if collected in full they will produce at least five percent in excess of the amount needed to <br />meet when due the principal and interest payments on the Certificates. The tax levies shall be <br />irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City <br />reserves the right and power to reduce the levies in the manner and to the extent permitted by <br />Minnesota Statutes, Section 475.61, Subdivision 3. <br />10. General Obligation Pledgee. For the prompt and full payment of the principal and <br />interest on the Certificates, as the same respectively become due, the full faith, credit and taxing <br />powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt <br />Service Account is ever insufficient to pay all principal and interest then due on the Certificates <br />and any other certificates payable therefrom, the deficiency shall be promptly paid out of any <br />other funds of the City which are available for such purpose, and such other funds may be <br />reimbursed with or without interest from the Debt Service Account when a sufficient balance is <br />available therein. <br />11. Certificate of Registration. The Clerk- Treasurer is hereby directed to file a <br />certified copy of this resolution with the County Auditor of Crow Wing County, Minnesota, <br />together with such other information as the County Auditor shall require, and to obtain from the <br />County Auditor a certificate that the Certificates have been entered in the County Auditor's <br />Register and that the tax levy required by law has been made. <br />12. Records and Certificates. The officers of the City are hereby authorized and <br />directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the <br />8 <br />2504596v1 <br />