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has set aside and expects to invest or maintain at a yield greater than the yield on the Certificate <br /> for the purpose of paying debt service on the Certificate. <br /> 8. Debt Service Account: Bona Fide Debt Service Fund; Minor Portion; Temporary <br /> Periods;Yield. The Debt Service Account serves two functions: (i)a bona fide debt service fund <br /> (within the meaning of Section 1.148-1(b)of the Regulations)which is used primarily to achieve <br /> a proper matching of revenues and principal and interest payments within each Bond Year and is <br /> depleted at least once a Bond Year except for a reasonable carryover amount not to exceed the <br /> greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or <br /> one-twelfth of principal and interest payments on the Certificate for the immediately preceding <br /> Bond Year, and (ii) a sinking fund (within the meaning of Section 1.148-1(c)(2) of the <br /> Regulations), and each such function shall be treated for the purposes hereof as if it occurred in a <br /> separate account. <br /> Amounts deposited in the Debt Service Account which are to be used to pay debt service <br /> on the Certificate within twelve months of their receipt by the City (or which are a reasonable <br /> carryover amount with respect thereto) will be invested without regard to yield for a temporary <br /> period not longer than thirteen months. Receipts in the Debt Service Account which will not be <br /> used to pay debt service on the Certificate within thirteen months of their receipt will be invested <br /> without regard to yield to the extent they do not exceed the "minor portion", which is an amount <br /> equal to the lesser of$100,000 or five percent of the Net Sale Proceeds of the Certificate. Sale <br /> Proceeds of the Certificate are the issue price of the Certificate less accrued interest. <br /> All receipts in the Debt Service Account may be invested without regard to yield for a <br /> temporary period of thirty days from receipt, and investment earnings on such sums may be <br /> invested without regard to yield for a longer temporary period of one year from receipt. Amounts <br /> not entitled to a temporary period or within said minor portion will not be invested at a yield which <br /> is materially higher than the yield on the Certificate, or will be invested without regard to yield in <br /> tax-exempt bonds as defined in Section 150(a)(6) of the Code, being obligations the interest on <br /> which is excluded from gross income under Section 103(a)of the Code. <br /> 9. Yield Determination; Materially Higher. The yield on the Certificate is based on <br /> the issue price paid by Bank of Zumbrota for the Certificate, and has been calculated to be <br /> 2.3971%; this yield on the Certificate will be recalculated if and as required by the Code or the <br /> Regulations. A "materially higher" yield is defined at Section 1.148-2(d)(2) of the Regulations <br /> and is generally one-eighth of one percent(0.125%). <br /> 10. Rebate. The City is a small issuer not subject to the rebate requirement imposed by <br /> Section 148(f)of the Code by reason of issuing(together with all subordinate entities thereof, and <br /> all entities treated as one with the City) less than $5,000,000 of tax exempt governmental <br /> obligations during the calendar year as provided in Section 148(f)(4)(D)of the Code. <br /> 11. Intentional Acts. The City shall not take any deliberate,intentional action after the <br /> date hereof to earn arbitrage profit except to the extent such action would not have caused the <br /> Certificate to be arbitrage bonds had it been reasonably expected on the date hereof. <br /> 3 <br /> 72511770v1 <br />