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2015-094
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2015-094
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2/6/2018 10:47:13 AM
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8/28/2015 3:47:19 PM
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Interest on this Note shall be calculated on a 360 -day year consisting of twelve 30 -day <br />months. <br />Such Principal Amount and interest and the premium, if any, on this Note are payable in any <br />coin or currency of the United States of America which, on the respective dates of payment thereof, <br />shall be legal tender for the payment of public and private debts. Payment of each installment of <br />interest and principal shall be made to the person in whose name this Note shall be registered on the <br />registration books of the Issuer maintained by the Clerk of the Circuit Court, ex officio Clerk of the <br />Board of County Commissioners of Indian River County, Florida, as Registrar and Paying Agent, at <br />the close of business on the date which shall be the fifteenth day (whether or not a business day) of <br />the calendar month next preceding each interest payment date and shall be paid by a check or draft of <br />such Paying Agent mailed to such Registered Holder at the address appearing on such registration <br />books or, at the option of such Paying Agent, and at the request of such Registered Holder, by bank <br />wire transfer for the account of such Holder. After the final payment on this Note, the Holder agrees <br />to return this Note to the Issuer for cancellation. <br />This Note is issued for the purpose of refunding a portion of the Issuer's Water and Sewer <br />Revenue Refunding Bonds, Series 2005 under the authority of and in full compliance with the <br />Constitution and laws of the State of Florida, Chapter 125, Florida Statutes, and other applicable <br />provisions of law (collectively, the "Act"), and a resolution duly adopted by the Issuer on April 13, <br />1993, as previously amended and supplemented (the "Original Resolution") and as further amended <br />and supplemented by a Resolution adopted on August 18, 2015 (the "2015 Note Resolution", <br />collectively with the Original Resolution, the "Bond Resolution"), and is subject to all the terms and <br />conditions of the Bond Resolution. This Note is a "Bond" for purposes of the Bond Resolution. <br />This Note and the interest hereon are payable solely from and secured by a lien upon and a <br />pledge of the Net Revenues of the County's Water and Sewer System and amounts on deposit in the <br />Sinking Fund, the Bond Amortization Account and the Reserve Account established under the Bond <br />Resolution, together with any other receipts, revenues and funds pledged thereunder (collectively, the <br />"Pledged Funds"). The lien upon and pledge of the Pledged Funds is on a parity with that of the <br />Issuer's Water and Sewer Revenue Bonds, Series 2009, and with any Additional Parity Bonds issued <br />pursuant to the Bond Resolution. <br />It is expressly agreed by the Registered Holder of this Note that the full faith and credit of the <br />Issuer, the State of Florida, or any political subdivision or agency thereof, are not pledged to the <br />payment of the principal of, premium, if any, and interest on this Note and that such Holder shall <br />never have the right to require or compel the exercise of any taxing power of the agency thereof, to <br />the payment of such principal, premium, if any, and interest. This Note and the obligation evidenced <br />hereby shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on, <br />and shall be payable solely from, the Pledged Funds. <br />This Note is subject to redemption prior to maturity, in whole at any time or in part on any <br />September 1, and if in part in inverse order of scheduled principal installment, upon ten (10) calendar <br />A-2 <br />
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