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Tab 28 Specimen BondUNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF FLATHEAD CITY OF KALISPELL No. R- Rate REGISTERED PRINCIPAL A'. DOLLARS FOR VALUE RECEIVED. the City of�vX. i 11,Flatheaff' nty, Montana, will pay to the registered owner identified above., or registered assigns, on the mat'drit—y date speca"fi led above the principal amount specified above, solely VNEIRI, a from the revenues hereinafter specified, as authffized by Resolut,' No. 4622 adopted June 4, 2 001 (the "Resolution"), all subject to the provisions hereinafter describ'8�'�' lating to ga� thq'11" demption of this Bond before maturity. This Bond bears interest at the rate per annum specified ab6WIrom the.da""16 ofregistration of this Bond, as expressed herein, or from such later date to which interest herbon has beeff���Wy provided for, until the maturity date specified above or an earlier date on which this Bond sIffil. havq-, een duly called for redemption by the City Finance Officer. Interest 412 � 10 � �. on this Bond is payable semiannual y,'- i mng Jany, 1, nunen 2002, on the first day of January and the first day of July AE in each year, to the owner of record"t th- Bbhd appwing as such in the bond register as of the close of business on �s the 15th day (whether or not such is"Ib'dWines dp# of the immediately preceding month. Interest on and, upon presentation and surrender here.6f'o" 0 0.1- s"center of the NMI@ 1��WV bond registrar and paying agent hereinafter named, the principal of this Bond are P4` ble by"I"h ec r of U.S. Bank Trust National Association MT, as Bond Registrar, gent t Transfer Agent and Paying'%Wl' a,� operations center in St. Paul Minnesota or its successor designated under the cipa Resolution (the "Registr4d& The A-116 I of and interest on this Bond are payable in lawful money of the United States of America. Notv & Co., as nonift Company or oth all notices with arrangements of ime of Cede )sitory Trust ad shall give operational This Bond is one of an issue in the aggregate principal amount of $1,581,500 (the "Bonds"), all of like date of original issue and tenor, except as to serial number, denomination, date, interest rate and maturity date. The Bonds are issued pursuant to and in full conformity with the Constitution and laws of the State of Montana thereunto enabling, including Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended (the "Act"), to finance the costs of certain local improvements (the "Improvements") for the special benefit of property located in Special Improvement District No. 343 of the City (the "District"). The Bonds are issuable only as fully registered bonds of single maturities in denorninations of $5,000 or any integral multiple thereof, except that the Bond with a stated maturity in 2002 shall be in the principal amount of $6,500. This Bond is payable from the collection of a special tax or assessment levied upon all assessable real property within the boundaries of the District, in an aggregate principal amount of not less than $1,581,500, except as such amount may be reduced or increased in accordance with provisions of Montana law ,, ch assessments constitute a lien against the assessable real estate within the District and are to be deposited into the S Peftl_a, mprovement District 4 No. 343 Fund of the City (the "District Fund"). The City has established in the District Fund, di,01,145unded with certain i�� proceeds of the Bonds, a District Reserve Account (the "Reserve Account"), from which ni S 06"'Ip be applied to _p4ey 11", 1 HE R erefor. There pay principal of and interest on the Bonds in the event collections of special assessm."e, is no obligation for the City to replenish the Reserve Account if funds are withdra*WWefrom. The Bonds are not AS general obligations of the City. . . . . . . . . . . . .... T h e C i ty h a s. a I s o v a I i d ly e s t ab I i s h e d a S p e c i a I I mp r o v e me n t D I! 'i. t""' t R e, V g Fund (the "Revolving Fund") AIM, ON 10 to secure the payment of certain of its special improvement district boiffiffi inchdffig the ds. The City has also 4RP, 1467-11 126 : V�k agreed, to the extent permitted by the Act, to issue orders annually authorfzRh#`g'. Iikftis or advi nces from the Revolving . �_ H... - FIIIIMI. Fund to pay principal of e c D19"Mct Fund to the District Fund in amounts sufficient to make good any,.J'- fici ....... -------- .arm t e available in the Revolving al I or interest on the Bonds after depletion of the Reserve Account, to N'7'C",� ` ti Fund, and to provide funds for the Revolving Fund by annually makifta t"' an from its general fund in an loan may in any year cause the &ax amount sufficient for that purpose, subject to the limitation that no suc, 013IR balance in the Revolving Fund to exceed five percent of thq rincipal anli%nt o e City"s then outstanding special W gm 41 M-4. '0. & � y'; �,� - abn& improvement district bonds secured thereby and the duratioffil".1, f . . . . . . . ....... .. in the Act. While any property tax ffi- i's levy to be made by the City to provide funds for the Revolving P" "11. vy limits under current law, the City A I `0 e Revolving Fund to the extent described in has agreed in the Resolution to levy property taxes to pr: d.p,- f di un sf, this paragraph and, if necessary, to reduce other property s coif*bndingly to meet applicable levy limits. The Bonds are subject to mandatol'T.."a -,-e"' emption in oed f stated maturities and within a stated maturity in $5,000 principal amounts selected by lot or manner defted fair by the Registrar, except that the Bond with a NEWS stated maturity in 2002 and in the principal arW" nt of $6,5 all be redeemed before other Bonds of such stated maturity, on any interest payment date if, after ng all pri cil-l".011 and interest then due on the Bonds, there are funds . . .. rplus proceeds to the credit of the District Fund, from thepprepa3'qnq§At,, of as ents levied in the District or from su &M, of the Bonds not required to pay costs of Improvm. e redemption thereof, and in the manner provided for the redemption of the same. The BondUlare sul?,fi`,ict to redemption at the option of the City from other sources of funds available therefor on any interest pa)"ent date!,-, ovide�&however that the City hereby agrees not to redeem the Bonds 0 W-I from (i) amounts on deposit in th' serv, kccou t e District Fund or (ii) the proceeds of refunding special improvement district bonds prior to Ju"iyiQ�6f"I '006. emption price is equal to the principal amount of the Bonds II in erestac. thereon to the date of redemption. The date of redemption and or portions thereof to be redeepa fficer who shall give notice thereof to the Registrar in sufficient y 1 principal amount shall be fix&d� th"'..1C.- ty F . . . . . . . . . . . � first class mail time for the Registrar to g;'IV,`.'I.'e­� notice, postage prepaid, or by other means required by the securities depository, to the owner wner'%::,..-- such Bonds at their addresses shown on the bond register, of the Bonds or .V4 . . . . . . . . . . . ..... ..... e date on which payment will be made, which date shall not be less than thirty em *- -" portions thereof to be rede ,.d .......... (30) days after the d4J,%,,. mal in 3mice, on which date so fixed interest shall cease. On the date so fixed interest M R -Z so on the Bonds or �Ihereof ed shall cease to accrue. Upon partial redemption of any Bond, a new Bond z P.10 MOM ed owner without charge, representing the remaining principal amount or Bonds will bdll klivereds oll: g re ster g V, outstanding. voi The Bonds have b ben designated by the City as "qualified tax-exempt obligations"' pursuant to Section 265 of the Internal Reve J e of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the operations center of the Registrar, by the registered owner hereof in person or by his -2- attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax., fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name llfilo d is registered as the w IN Alm" absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payffloat and for all other N i a %]� purposes, and neither the City nor the Registrar shall be affected by any notice to the congg, IT IS HEREBY CERTIFIED, RECITED, COVENANTED A be done precedent to the issuance of this Bond have been properly done, hap] Al prescribed by the laws of the State of Montana and the resolutions and ord' relating to the issuance thereof; and that the opinion attached hereto is a Counsel with reference to the Bonds, dated the date of original issuanc... ......... ........ ....... ....... This Bond shall not be valid or become obligatory for ai I under the Resolution until the Certificate of Authentication and Re - Registrar by the manual signature of one of its authorized representa ND A GRE that all things required to nm& )kh­ed and beel— formed in the manner 770 ances ofthe Cif9*10 alispell, Montana, I, M copy of'�'-,",11441e legal opinion given by Bond 7V 'A gF, - d e I t', F z��`�`ry o f t h nds. A-111 Affn AF Mfte entffl�d to any security or benefit AMID' i her8i�Wl have been executed by the 1.'. 1 IN WITNESS WHEREOF, the City of Kalisp#4�Aathead""G unty,'Montana, by its City Council, has 01 �41_11��_ Al e s kt..'moCibr anager and the Finance Officer and caused this Bond to be executed by the facsimile signature e �. X M'. *Z . . . . . . . . . . . . . . . ........... W'* 'VIS by a facsimile of the official seal of the City. -------------- - - - - - - - - - - - - - - - - ­ mgg Mayor (Facsimile Se4, Dated: W -3- City Manager I 'inance Officer 'NTICATION tesolution mentioned within. A,NK TRUST NATIONAL ASSOCIATION MT, and Registrar, Transfer Agent, and Paying Agent Authorized Signature The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA ........ Custodian ...... in conunon (Cust) (Minor) TEN ENT -- JT TEN -- as tenants by the entireties as j o int tenants with right of survivorship, and not as tenants in common under Uniform Transfers to Minors Act ......... 01 S t a t e)1,11 Additional abbreviations may also ASSIGNMENT "s-Irl FOR VALUE RECEIVED the undersigned h the withiji d a transfer the within Bond on the books kept for registrati Dated: PLEASE INSERT SOCIAL SECURITY fig OR OTHER IDENTIFYING NUMBER A OF ASSIGNEE: 1111-51 SIGNATURE GUARANTEED Signature(s) must be guara "eligible guarantor instituti the requirements of the which requirements incl I or participation in STAMP signature guarant"N'll s *�Ww determined by th0l"ond Rt I Affll� addition to or ink stituat" all in accordance UM Exchange Act of 1934, as,2, -4- assigns and transfers unto ereunder, and hereby irrevocably attorney to er of substitution in the premises. '.'.E: The signature to this assignment must �ond with the name as it appears upon the � the within Bond in every particular, without ion, enlargement or any change whatsoever. City of Kalis] Kalispell, M( D.A. Davids( Great Falls, � Ri Ladies and G 'W connection w issued, as of, taken, and cei including a r( Bonds (the I and relied up independenti existing law, 1 . construction for the costs District. Thi assessments Improvement payable solel'. "City"), in as originally proceedings )f the Bonds, terms of the ithenticity of the same by i the basis of �ided for the assessments ,s within the the special the Special ie Bonds are 2. The City h Iso valO established a Special Improvement 77 am�. y District Revolving Fund (the "Revolving ........... V? i f its special improvement Fund") to secure the payff-18if W. O. . . . . . . . . . . . . mltl district bonds and warrants, including the Bonds. The City has agreed tothe ex e tted by Montana Code t Annotated, Title 7, Chapter 12, Parts 41 and 42, as 45! amended and as ap Hb"a"'b"'Ie to the Ofthe "Act"), to issue orders annually authorizing loans or advances from the lent to ma Revolving Fundt R-N-- d in amounts suffic, he Distd.0"t A� ke good any deficiency the District Fund to pay principal of or inf&est on-,,,'� 'Bon to the extent that funds are available in the Revolving Fund, and to provide funds th" M A for the Revolvi k0by annualj� making a tax levy or loan from n its general fund in an amount sufficient for that purpose, subject to the limitatiql. no such tax levy or loan may in any year cause the balance in the Revolving Fund to exceed five percent of,'I cipal amount of the City's then outstanding special improvement district bonds and warrants secured thereby and subject to the durational limitations specified in the Act. -5- Any property tax levy to be made by the City to provide funds for the Revolving Fund is sub ect to levy i limits under current law. The City has agreed in the Bond Resolution to levy property taxes to provide funds for the Revolving Fund to the extent described in the immediately preceding paragraph and, if necessary, to reduce other property tax levies correspondingly to meet applicable levy lirnits. The Bonds are not general obligations of the City and, except to the extent described in this paragraph (2), the taxing power of the City is not pledged to the payment of the principal thereof or the � est thereon. 3. The Bonds and the Bond Resolution are valid and binding special, limited' .4ions of the City "'a enforceable in accordance with their terms and the provisions of the Constitution and laws of th ontana now in force, including the Act. 4. Interest on the Bonds: (a) is not includable in gross income fo "Becieral incont-JeJax purposes; (b) is not N'Z_11411 an item of tax preference includable in alternative 111infinum taxable incomlie' or oses Zffie federal alternative 'aw M..gs of cor minimum tax applicable to all taxpayers; and (c) is includable in adjusted cuAlent eam- porations in determining Alm in tax. -<M-0 F alternative minimum taxable income for purposes of the federal alternatV, rrunimn ,_ye. _.0 Ad"My 0 5. The City has designated the Bonds as "qualified tax -ex§' t bt d -us Ad in the meaning of Section W 777N,7N A' 265(b)(3) of the Internal Revenue Code of 1986, as amended (thdWGW), an",� --- ial institutions described in �g g� d 29 1 (e)(1)(B) of the Code CEO-, WIN Section 265(b)(5) of the Code may treat the Bonds for purposes of S&tioffM5(b)( an as if they were acquired on August 7, 1986. A .,=1,%;*te of Montana individual income tax f 6. Interest on the Bonds is not includable in M% -M tana corporate income tax and the oses, but is includable in the computation of income for on purp Montana corporate license tax. NI'M vo The opinions expressed in paragraphs I '2,-gand 3 ab6�_V61W-''a­r_ subject, as to enforceability, to the effect of any state or federal laws relating to bankruptcy, insot,.,,Y--',en�cy�'��'eorganiza 16-hil # moratorium or creditors' rights and principles of equity, whether considered at law or in equit 'y The opinions expressed in paragrapfik4 and 5 abov&dre subject to the condition of the City's compliance with all requirements of the Code that must, be s subseq vent to the issuance of the Bonds in order that interest thereon may be, and continue to be, exc1d 6d fro for federal income tax purposes, and the Bonds be and "kh" ionsJ-1 e City has covenanted to comply with these continuing requirements. continue to be qualified tax-exempt obligat ASIR, 0 Its failure to do so could result in tN01". i'clusio "M'f interest. n the Bonds in federal gross income, retroactive to the date N JW­­this opiiMh we express no opinion reg of issuance of the Bonds. Except arding federal, state or other tax f RUN consequences to the owners of the . . . . . . . . . . . . We have not beeiftftgag-, pnd a undertaken,, to review the accuracy, completeness or sufficiency of the Official Statement or Miy othe z ring materials relating to the Bonds and, accordingly, we express no opinion RON JOIN a with respect thereto. ARN Very truly yours, AF DORSEY & WHITNEY LLP �.w.., WIN 01 125 Bank Street, Suite 600 A Missoula, Montana 59802 I on