2001-58 PROVIDING FOR THE ISSUANCE OF A TAXABLE SUBORDINANTE LIEN PROMISSORY NOTE

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i , �, . . . The City Treasurer is hereby expressly authorized and directed to use moneys on deposit in and to the credit of the Limited Incremental Sales Tax Subaccount to pay Developer Interest Costs and principal of and interest on the outstanding Note as herein and in the Redevelopment Agreement provided. To that end, the Treasurer shall, upon each Accounting, promptly remit Limited Incremental Sales Taxes to the Developer Interest Costs Account and the Principal and Interest Account as necessary,without further order or direction of the Corporate Authorities. If upon any Accounting the Treasurer shall determine that Limited Incremental Sales Taxes are not necessary fully to pay Developer Interest Costs and principal of and interest on the Note, the balance of the Limited Incremental Sales Taxes then on deposit in and to the credit of the Limited Incremental Sales Tax Subaccount in excess of the necessary amounts shall be released from the pledge of this Ordinance and the City Treasurer shall promptly transmit such balance in excess of the necessary amount to the general corporate funds of the City for any lawful corporate purpose. It is hereby expressly covenanted and agreed that upon any such release and transfer, Limited Incremental Sales Taxes shall no longer be deemed to be `Pledged Moneys" under this Ordinance, and no registered owner of the Note shall have the power to compel the City to apply such Limited Incremental Sales Taxes to the payment of principal of or interest on the Note. D. Investment Income. Moneys on deposit in any fund or account under this Ordinance may be invested by the Treasurer in Qualified Investments without further official action of the Corporate Authorities. It is hereby expressly covenanted and agreed that investment earnings shall be credited to the account from which such earnings are derived; -22-