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200905358
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7/1/2009 4:39:34 PM
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7/1/2009 4:34:50 PM
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200905358
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200905358 <br />EXHIBIT D <br />OPINION <br />(may be provided by separate counsel for the City as to different matters set forth) <br />Mayor and Council <br />City of Grand Island <br />100 East First Street <br />Grand Island, NE 68$02-1968 <br />Wells Fargo Brokerage Services, LLC <br />Public Finance Department <br />608 Second Avenue South - 10th Floor <br />MAC: N9303-1OS <br />Minneapolis, MN 55479 <br />Re: Lease-Purchase Agreement dated as of July 1, 2009, by and between Wells Fargo <br />Brokerage Services, LLC ("Lessor") and the City of Grand Island, Nebraska, <br />("Lessee") <br />Ladies and Gentlemen: <br />I have acted as counsel to Lessee with respect to the Lease-Purchase Agreement <br />described above (the "Lease") and various related matters, and in this capacity have reviewed a <br />duplicate original or certified copy of the Lease, the Ground Lease dated as of July 1, 2009 (the <br />"Ground Lease") by and between Lessor and Lessee and the Escrow Agreement dated as of <br />July 1, 2009 (the "Escrow Agreement") among the Lessor, the Lessee and Wells Fargo Bank, <br />National Association, acting as escrow agent, and the Exhibits attached to each of said <br />documents. Based upon the examination of these and such other documents as I deem relevant, <br />it is my opinion that: <br />1. Lessee is a political subdivision of the State of Nebraska (the "State"), duly organized, <br />existing and operating under the Constitution and laws of the State. <br />2. Lessee is authorized and has power under applicable law to enter into the Lease, the <br />Ground Lease and the Escrow Agreement and to carry out its obligations thereunder and the <br />transactions contemplated thereby. <br />D-1 <br />
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