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

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Section 14. Other Tax Covenants. A. The Issuer recognizes the provisions of Section 265(b)(3) of the Code which provide that a "qualified tax exempt obligation" as therein defined may be treated by certain financial institutions as if it were acquired on August 7, 1986, for certain purposes. The Issuer hereby designates each of the Bonds as may be from time to time outstanding for purposes of Section 265(b)(3) of the Code as a "qualified tax exempt obligation" as provided herein. In making such designation, the Issuer is relying upon covenants and warranties of the Company and continued compliance in connection with Section 501(c)(3) of the Code and the status of the Bonds as "Qualified 501(c)(3) Bonds" under Section 141(e)(1)(G). In support of such designation, the Issuer certifies, represents and covenants as follow: 1) Including the Bonds, the Issuer (including any entities subordinate thereto) has not and does not reasonably expect to issue in excess of$10,000,000 in "qualified tax- exempt obligations" during calendar year 1999. 2) Including the Bonds, not more than $10,000,000 of obligations issued by the Issuer(including any entities subordinate thereto) during calendar year 1999 have been to date or will be designated by the Issuer for purposes of said Section 265(b)(3). B. The Bonds are qualified 501(c)(3) "private activity bonds" as defined in Section 141(e)(1)(G) of the Code. In support of such conclusion, the Issuer certifies, represents and covenants as follows: 1) All property which is to be provided by the net proceeds of the issue is to be owned by a 501(c)(3) organization or a governmental unit. 2) No direct or indirect payments are to be made on any Bonds with respect to any private business use by any person other than the qualified SO1(c)(3) organization. 3) None of the proceeds of the Bonds are to be used, directly or indirectly, to make or finance loans to persons other than a qualified 501(c)(3) organization. C. The Issuer recognizes that Section 149 of the Code requires the Bonds to be issued and to remain in fully registered form in order to be and remain tax-exempt. In this connection, the Issuer agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 15. Notices. It shall be sufficient service of any notice or other paper on the Issuer if the same shall be duly mailed to the Issuer by registered or certified mail, postage prepaid, return receipt requested, addressed to the Issuer at City of Decatur, #1 Gary K. Anderson Plaza, Decatur, Illinois 62523, Attention: City Clerk, or to such other 16