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200302817
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10/15/2011 5:53:25 PM
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10/21/2005 4:23:29 PM
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DEEDS
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200302817
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200302817 <br />Section 5 Lessee covenants that the rentals payable under this Lease- Purchase Agreement <br />do not exceed any limitation imposed by law. Until the Building Bonds and interest thereon are fully paid, <br />Lessee covenants and agrees to make and continue to make for so long as permitted by law an annual levy on <br />all the taxable property within its geographical area pursuant to Section 85- 1517(2)(a), R.R.S. Neb. 1999, as <br />amended, which will be sufficient, along with any other funds available for the purpose, to enable Lessee to <br />pay all basic and additional rent as and when the same become due, and to take all action required to provide <br />funds to make rental payments as herein required. Lessee hereby covenants and warrants with respect to the <br />capital improvement and bond sinking fund as established under Section 85 -1515, R.R.S. Neb. 1999, that (a) <br />it has no bonds outstanding payable from such fund; (b) that in each budget year it will provide for the <br />purposes and programs described and referred to in Section 85 -1515 (2)(a), (2)(b) and (2)(c), R.A.S. Neb. <br />1999, in such manner as to leave remaining in each budget year available tax levy monies from the tax levy <br />permitted under Section 85- 1517(2), R.R.S. Neb. 1999, amounts sufficient to pay all amounts due under this <br />Lease - Purchase Agreement (including lease - purchase rentals and all other required payments) as the same <br />fall due; (c) that the Lessee has and will have no other obligations outstanding, bonded or otherwise, for <br />purchasing or purchasing on contract or for constructing or improving facilities during the term of this Lease - <br />Purchase Agreement which would cause the tax levy amounts required to be available for payments due <br />under this Lease - Purchase Agreement to be insufficient to pay all amounts due under this Lease- Purchase <br />Agreement (including lease- purchase rentals and all other required payments) as the same fall due. <br />Section 5.3. Lessee covenants and agrees that throughout the term of this Lease - Purchase <br />Agreement it will observe all budget, tax and spending limitations now or hereafter imposed by law in such a <br />manner that a sufficient portion of its tax levy or other monies shall be lawfully available to pay all rentals <br />due under this Lease- Purchase Agreement. Lessee agrees that commencing with its budget for the fiscal year <br />2003 -2004 it will include amounts sufficient to pay lease rentals as the same fall due in its annual budget and <br />appropriations. <br />Section 5.4. Lessee covenants and agrees that it shall neither take any action nor omit to <br />take such action which such action or omission would have the affect of causing interest on the Building <br />Bonds to be no longer excludable from gross income under the Internal Revenue Code of 1986, as amended. <br />Section 5.5. In accordance with the requirements of Rule 15e2 -12 (the "Rule ") promulgated <br />by the Securities and Exchange Commission (the "Commission'), the Lessee hereby agrees that it will <br />provide to the Underwriter and any person making request at least annually or in the alternative to any state <br />information depository ( "Sur ") for the State of Nebraska (no such SID currently exists or is presently <br />expected to exist based upon any current pending legislation), the following financial information or <br />operating data regarding Lessee: <br />(1) the information provided under the heading "FINANCIAL. STATEMENT " <br />in Appendix A to the Official Statement for the Building Bonds; <br />(2) any additional financial information and operating data which is <br />customarily prepared by the Lessee, including the most recently prepared <br />audited financial statements, which shall be prepared in accordance with <br />generally accepted accounting principles. <br />The Lessee reserves the right to modify the type of infomtation or the format for any such information <br />provided pursuant to such undertaking, to the extent necessary or appropriate in the judbmucnt of the Lessee, <br />so long as any such modification is consistent with the requirements of the Rule. The Lessee further agrees to <br />provide in a timely manner to the Underwriter, to the Municipal Securities Rule Making Board (the <br />
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