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1997-027
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1997-027
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Last modified
12/30/2015 4:19:03 PM
Creation date
9/2/2015 2:14:28 PM
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Resolutions
Resolution Number
1997-027
Approved Date
04/08/1997
Resolution Type
Industrial Development Revenue Bonds
Entity Name
XL Realty Inc.
Subject
Loan agreements, related documents sale of bonds
Series 1997A, 1997B,1997C
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to the provisions of Section 144(a)(4) of the Internal Revenue Code of 1986, as <br /> amended (the "Code") and Treasury Regulation 1-103-10(b)(2)(vi), Indian River <br /> County, Florida the Issuer hereby elects to have the $10,000,000 limitation in Section <br /> 144(a)(4) of the Code apply in lieu of the $1,000,000 limitation set forth in Section <br /> 1441x)(1) of the Code with respect to the Series 1997A Bond. <br /> 5. Authorization of Execution and Delivery of the Loan Agreement Mortgage <br /> and Guaranty: Pledge of Amounts Payable under the Loan Agreement. Mortgage and <br /> Guaranly. As security for the payment of the principal of and interest on the Bonds, <br /> the Loan Agreement, Mortgage and Guaranty, with any changes, alterations and <br /> corrections as may be approved by the officials and employees of the Issuer <br /> authorized to take action under this Resolution, which approval is presumed by the <br /> execution by the representations of the Issuer, is approved by the Issuer, and the <br /> Issuer authorizes and directs its Chairman or Vice Chairman to execute the Loan <br /> Agreement and its Clerk or the Chief Deputy Clerk of the Circuit Court to attest to the <br /> Loan Agreement under the official seal of the Issuer, and to deliver the Loan <br /> Agreement to the Purchaser all of the provisions of which, when executed and <br /> delivered by the Issuer as authorized in this Resolution, will be deemed to be a part <br /> of this Resolution as fully and to the same extent as if incorporated verbatim in this <br /> Resolution. The Issuer hereby pledges all amounts due it under the Loan Agreement, <br /> the Mortgage,the Guaranty or any Loan Documents as security for payment due from <br /> the Issuer to the holder of the Bonds. <br /> 6. Authorization of Execution and Delivery of the Assignment. The <br /> Assignment to the Purchaser as agent of the Issuer, with any changes, alterations and <br /> corrections as may be approved by the officials and employees of the Issuer <br /> authorized to take action under this Resolution, which approval is presumed by the <br /> execution by the representatives of Issuer, is approved by the Issuer, and the Issuer <br /> authorizes and directs its Chairman or Vice Chairman to execute the Assignment and <br /> the Clerk or the Chief Deputy Clerk of the Circuit Court to attest to the Assignment <br /> under the official seal of the Issuer, and to deliver the Assignment to the Purchaser <br /> to be recorded all of the provisions of which, when executed and delivered by the <br /> Issuer as authorized in this Resolution, will be deemed to be a part of this Resolution <br /> as fully and to the same extent as if incorporated verbatim in this Resolution. <br /> 7. Sale of Bonds. The Bonds are awarded to the Purchaser at a price equal <br /> to the principal amount of the Bonds and any other terms as are attached to this <br /> Resolution. The Issuer determines that a negotiated sale of the Bonds is in the best <br /> interest of the Issuer, the Borrower and the citizens and inhabitants of Indian River <br /> County, Florida by reason of the limited market for bonds such as the Bonds. The <br /> Purchaser has filed with the Issuer the disclosure statement required by Section <br /> 218.385(6), Florida Statutes. On the closing date the Purchaser will deliver an <br /> investment letter acceptable to the Issuer's attorney. <br /> -4- <br />
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