R99-187 AUTHORIZING THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS

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representations, in furtherance of the foregoing provisions, but without limiting their generality, agrees that it will not take or authorize the taking of any action which will affect the tax-exempt status of the Bonds under the Code or will cause the Bonds to be classified as an"arbitrage bond" within Section 148 of the Code and regulations or rulings lawfully promulgated thereunder. The Issuer recognizes that the provisions of Section 148 of the Code require a rebate to the United States government in certain circumstances, and pursuant to the Arbitrage Regulation Agreement creates and orders established with the Assignee, a trust fund in the name of the Issuer to be designated "The City of Decatur Economic Development Revenue Bonds Rebate Fund (Easter Seals Central Illinois, Inc. Project)" (the "Rebate Fund"), which shall be held, invested, expended and accounted for at the direction of the Company and at the Company's expense in accordance with the Assignment, the Loan Agreement and the Arbitrage Regulation Agreement. Such Rebate Fund shall not be considered moneys held under the Assignment and shall not constitute part of the Project held for the benefit of the Registered Owners, the Issuer, or the Company, but shall be held on behalf of the United States government as contemplated by the provisions of the Arbitrage Regulati�n Agreement and subject to direction by the Company as provided in the Arbitrage Regulation Agreement. Moneys in the Rebate Fund shall be held in trust by the Assignee and, except for those excess amounts which may be transferred to the Assignee as funds to be held and applied under the Assignment, shall be held for future payment at the Company's direction to the United States government as contemplated under the provisions of the Arbitrage Regulation Agreement. Notwithstanding the foregoing, exemptions to rebate requirements applicable to ' the Bonds appear at Section 148(fl(4)(C) of the Code and Treasury Regulation 1.148- 7(d). Based upon the certifications of the Company, no rebate is re uired or lanned b q P Y the Issuer. In support of this conclusion, the Mayor and the City Clerk may make such further certifications and covenants as they deem necessary in the Arbitrage Regulation Agreement. Section 10. General Covenants. The Issuer covenants that it will promptly cause to be paid solely and only from the source mentioned in the Bonds, the principal installments of and interest on the Bonds hereby authorized at the place, on the dates and in the manner provided herein and in the Bonds according to the true intent and meaning thereof. The Bonds and the obligation to pay interest thereon are limited obligations of the Issuer, secured by, among other things, the Mortgage, the Assignment of Rents and Leases and the Assignment and payable solely out of the receipts derived by the Issuer from the Loan Agreement and the Note and otherwise as provided herein and in the Loan Agreement and the Note. The Bonds and the obligation to pay interest thereon shall not be deemed to constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general taxing powers, within the meaning of any constitutional or statutory provision of the State of Illinois. The Issuer covenants that it will faithfully perform at all times any and all covenants, 12