Common use of Representations by the Issuer Clause in Contracts

Representations by the Issuer. The Issuer makes the following representations: (1) The Issuer is duly organized under the provisions of the Enabling Law and has the legal authority and power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing of the Project through the issuance of the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the State. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.

Representations by the Issuer. The Issuer makes represents to the following representationsLessee that: (1a) The Issuer is a municipal corporation duly organized and validly existing under the laws of the State. The issuer has acquired the Project under the provisions of the Enabling Law Act. (b) The Issuer has lawful power and has authority under the legal authority and power Act to enter into the transactions contemplated by this Lease Agreement and the Indenture and to carry out its obligations hereunder. The Issuer is not in default hereunder and under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the StateIndenture. By proper corporate action of its governing body, the Issuer has been duly authorized to execute and deliver this Lease, acting by and through its duly authorized officers. The Indenture, the execution Tax Agreement, the Land Use Restriction Agreement and delivery of this Lease Agreementhave been duly executed and delivered by the Issuer and each constitutes a valid, legal, binding and enforceable obligation of the Issuer (subject to bankruptcy, insolvency or creditors rights laws generally and principles of equity generally) without offset, defense or counterclaim. The execution, delivery and performance of the Indenture, this Lease, the Land Use Restriction Agreement and the Tax Agreement by the Issuer will not violate any law, regulation, order or decree of any governmental authority and all consents, approvals, authorizations, orders or filings of or with any court or governmental agency or body, if any, required for the execution, delivery and performance of such documents by the Issuer have been obtained or made. (2c) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing of the Project through the issuance of the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the State. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute constitutes a "project" within the meaning of the Enabling LawAct, and the lease of the Project to the Lessee and the application of the proceeds received by the Issuer from the sale of the Bonds for the purposes herein specified will further the public purposes of the Act. (d) To refinance the costs of the Project, the Issuer proposes to issue the Bonds in the aggregate principal amount of $2,209,000. The Bonds will bear interest and be scheduled to mature and will be subject to purchase and redemption prior to maturity in accordance with the provisions of the Indenture. The Bonds are to be issued under and secured by the Indenture, pursuant to which the Project and the rents, revenues and receipts derived by the Issuer pursuant to this Lease, other than the Unassigned Issuer Rights, will be pledged and assigned to the Bondholders as security for payment of the principal of, premium, if any, and interest on the Bonds.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1a) The Issuer is a municipal corporation duly organized and validly existing under the laws of the State of Kansas. Under the provisions of the Enabling Law Act, the Issuer has lawful power and has the legal authority and power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action of its governing body, the Issuer has been duly authorized the execution to execute and delivery of deliver this Lease AgreementLease, acting by and through its duly authorized officers. (2b) The Issuer proposes to acquire the Project Site, subject to Permitted Encumbrances, and proposes to acquire, purchase, construct, improve, equip and remodel or cause to be acquired, purchased, constructed, improved, equipped and remodeled on the Project Site the Project Improvements, and proposes to acquire and install, or cause to be acquired and installed, the Project Equipment in the Project Improvements or on the Project Site. The Issuer proposes to lease the Project to the Tenant and sell the Project to the Tenant if the Tenant exercises its option to purchase the Project, all for the purpose of furthering the public purposes of the Act, and the governing body of the Issuer has found and determined that the issuance of the Bondacquisition, the acquisitionpurchase, construction, improving, equipping and remodeling of the Project will further the public purposes of the Act. (c) To finance the costs of the Project, the Issuer proposes to issue the Bonds which will be scheduled to mature as set forth in Article II of the Indenture and will be subject to redemption prior to maturity in accordance with the provisions of Article III of the Indenture. (d) The Bonds are to be issued under and secured by the Indenture, pursuant to which the Project and the net earnings therefrom, including all rents, revenues and receipts to be derived by the Issuer from the leasing or sale of the Project, will be pledged and assigned to the Trustee as security for payment of the principal of and interest on the Bonds. (e) The Issuer will not mortgage the Project or pledge the revenues derived therefrom for any bonds or other obligations other than the Bonds except with the written consent of the Authorized Tenant Representative. (f) The Issuer shall have no authority to operate the Project as a business or in any other manner except as the lessor thereof. (g) The acquisition, purchase, construction, improvement, equipping and remodeling of the Project and the leasing of the same Project by the Issuer to the Corporation Tenant will be in furtherance of further the public purposes of the Issuer's incorporation and the Enabling LawAct. (3h) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws No member of the State and is duly qualified to do business governing body of the Issuer or any other officer of the Issuer has any significant or conflicting interest, financial, employment or otherwise, in the State, is not Tenant or in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreementtransactions contemplated hereby. (2i) The financing of the Project through the issuance of the Bond and the leasing of Issuer hereby consents to Tenant subleasing the Project to the Corporation has induced Subtenant under the Corporation Sublease and to locate the sub-subleasing of the Project in by Subtenant to KAI under the State Amended and thereby enlarge, expand and improve its existing operations in the StateRestated Lease. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.

Representations by the Issuer. The Issuer makes the following representationsrepresents that: (1a) The Issuer is duly organized a joint powers commission under the provisions Act, the “commission” under Section 66.0304 of the Enabling Law Wisconsin Statutes, and has the legal authority a unit of government and power to enter into the transactions contemplated by this Lease Agreement body corporate and to carry out its obligations hereunder. The Issuer is not in default politic created and validly existing under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. ; and has full power and authority under the Act to adopt the Resolution approving the Series 2021 Bonds and the Issuer Financing Documents; to enter into, perform its obligations under, and exercise its rights under the Issuer Financing Documents; and when executed and delivered by the respective parties thereto, the Issuer Financing Documents will constitute the legal, valid and binding obligations of the Issuer enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium and other laws relating to or affecting creditors’ rights, by the application of equitable principles, by the exercise of judicial discretion in appropriate cases and by the limitation on legal remedies against joint powers commissions or governmental units of the State. (b) By proper corporate official action of the Issuer prior to or concurrently herewith, the Issuer has duly authorized and approved the execution and delivery of this Lease Agreementthe Issuer Financing Documents and the consummation by the Issuer of the transactions contemplated thereby. (2c) The To the knowledge of the Issuer, there are no actions, suits, proceedings, inquiries, or investigations, at law or in equity, before or by any court, governmental agency, public board or body, pending against the Issuer has determined that seeking to restrain or enjoin the sale or issuance of the BondSeries 2021 Bonds, or in any way contesting or affecting any proceedings of the Issuer taken concerning the sale thereof, the acquisition, construction, and equipping pledge or application of any moneys or security provided for the payment of the Project and Bonds, in any way contesting the leasing validity or enforceability of the same Issuer Financing Documents or contesting in any way the existence or powers of the Issuer relating to the Corporation will be in furtherance authorization, issuance and sale of the purposes of the Issuer's incorporation and the Enabling LawBonds. (3d) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing by the Issuer of the Project through Issuer Financing Documents and compliance with the issuance provisions on the Issuer’s part contained therein will neither (i) conflict with nor constitute a material breach of or default under any law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Issuer is a party or is otherwise subject, nor (ii) result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the Bond and the leasing properties or assets of the Project Issuer under the terms of any such law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument, except as provided by the Issuer Financing Documents. No Issuer Indemnified Person (including any Issuer Indemnified Person who executes any certificate in connection with the Series 2021 Bonds that restates or certifies as to the Corporation has induced the Corporation to locate the Project in the State truth and thereby enlarge, expand and improve its existing operations in the State. (3accuracy thereof) The Corporations intends to operate the Project shall be individually liable for the manufacturing, processing, storing, warehousing and distributing breach by the Issuer of manufactured housing and related products and any representation or covenant contained in such a manner that it will constitute a "project" within this Loan Agreement or the meaning of the Enabling LawTrust Indenture.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1) A. The Issuer is duly a county and political subdivision organized and existing under and pursuant to the provisions laws of the Enabling Law State of New Mexico (“State”) and is authorized by the Act to acquire, own, lease or sell projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate or expand in the State, and promoting a sound and proper balance in the State between agriculture, commerce and industry. Under the Act, the Issuer has the legal authority and power to enter into the transactions contemplated by this Lease Lease, the Indenture, the Series 2011 Bond Purchase Agreement and the Series 2018 Bond Purchase Agreement and to carry out its obligations hereunder. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the Statehereunder and thereunder. By proper corporate action action, the Issuer has duly authorized the execution and delivery of this Lease Lease, the Indenture, the Series 2011 Bond Purchase Agreement and the Series 2018 Bond Purchase Agreement. (2) B. The Issuer has determined that will lease the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same Leased Property to the Corporation Company and will be in furtherance of sell the purposes of Leased Property to the Issuer's incorporation and Company upon the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions Company’s exercise of its certificate option to purchase the Leased Property, all for the purpose of incorporation, its by-laws, or promoting industry and trade by inducing the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing of the Project through the issuance of the Bond and the leasing of the Project to the Corporation has induced the Corporation Company to locate the Project in the State, to promote the use of the natural resources of the State and thereby enlarge, expand to promote a sound and improve its existing operations proper balance in the State between agriculture, commerce and industry. The Issuer agrees to cooperate with the Company to procure from the appropriate State, county, municipal and other authorities and corporations utility and other connection and discharge arrangements for the adequate supply of water, gas, electricity, sewage, and other services for the operation of the Leased Property. (3) The Corporations intends to operate C. To finance the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning Costs of the Enabling LawSeries 2011 Project, the Issuer has issued the Series 2011 Bonds. The Series 2011 Bonds mature, bear interest and have such other terms and conditions as are set forth in the Indenture. To finance the Costs of the Series 2018 Project, the Issuer will issue the Series 2018 Bonds. The Series 2018 Bonds shall mature, bear interest and have such other terms and conditions as are set forth in the Indenture. D. The Series 2011 Bonds are issued under and secured by the Indenture, pursuant to which certain of the Issuer’s interests in this Lease (with certain exceptions) and the revenues and receipts derived by the Issuer from the leasing or sale of the Leased Property (with certain exceptions) were pledged and assigned to the Series 2011 Purchaser as security for payment of the principal of, premium, if any, and interest on the Series 2011 Bonds. The Series 2018 Bonds are to be issued under and secured by the Indenture, pursuant to which certain of the Issuer’s interests in this Lease (with certain exceptions) and the revenues and receipts derived by the Issuer from the leasing or sale of the Leased Property (with certain exceptions) will be pledged and assigned to the Series 2018 Purchaser as security for payment of the principal of, premium, if any, and interest on the Series 2018 Bonds. E. The execution, delivery and performance of the Issuer of the Bond Documents will not conflict with or create a material breach of or material default under the Act or any other law, rule, regulation or ordinance applicable to the Issuer or any agreement or instrument to which the Issuer is a party or by which it is bound, and there is no action, suit, proceeding, inquiry or investigation by or before any court, public body, pending or, to the best knowledge of the Issuer threatened, against the Issuer, which seeks to or does restrain or enjoin the issuance and delivery of the Bonds or the execution and delivery of any of the Bond Documents or in any manner questions the validity or enforceability of the Bonds or any of the Bond Documents.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as of the date of the execution and delivery of this Loan Agreement as the basis for the undertakings on its part herein contained: (1a) The Issuer is a public body corporate and politic of the State, duly organized organized, validly existing and in good standing under the Act and the laws of the State. (b) The Issuer has the power and lawful authority to adopt the Resolution, to execute and deliver the Issuer Documents, to issue the Bonds and receive the proceeds of the Bonds, to apply the proceeds of the Bonds to make the Loan, to assign the revenues derived and to be derived by the Issuer from the Loan to the Bondowner Representative and to perform and observe the provisions of the Enabling Law and has the legal authority and power to enter into the transactions contemplated by this Lease Agreement the Issuer Documents and the Bonds on its part to carry out its obligations hereunder. be performed and observed. (c) The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreementeach of the Issuer Documents, the issuance, sale and delivery of the Bonds and the performance of the obligations of the Issuer thereunder. (2d) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project Documents and the leasing of Bonds have been duly executed and delivered by the same to Issuer and constitute the Corporation will be in furtherance of the purposes legal, valid and binding obligations of the Issuer's incorporation , enforceable against the Issuer in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights, and except to the Enabling Lawextent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought. (3e) The Bond will be issued and delivered contemporaneously with Neither of the delivery Issuer nor any director, member, officer or employee of this Lease Agreement. Representations by the Corporationntations by Issuer has any interest, financial, employment or other, in the Corporation The Corporation makes Borrower, the following representations:Project or the transactions contemplated hereby. (1f) The Corporation To the Issuer’s knowledge, there is duly incorporated under no action, suit, proceeding, inquiry or investigation pending or, to the laws knowledge of the State and is duly qualified Issuer, threatened against the Issuer by or before any court, governmental agency or public board or body, which (i) affects or questions the existence or the territorial jurisdiction of the Issuer or the title to do business in the State, is not in violation office of any provisions of its certificate of incorporation, its by-laws, or the laws member of the StateIssuer; (ii) affects or seeks to prohibit, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized restrain or enjoin the execution and delivery of this Lease Agreement. (2) The financing any of the Project through Issuer Documents, or the issuance issuance, execution or delivery of the Bond and Bonds; (iii) affects or questions the leasing validity or enforceability of any of the Project to Issuer Documents or the Corporation has induced Bonds; (iv) questions the Corporation to locate exclusion from gross income for federal income taxation of interest on the Project in the State and thereby enlarge, expand and improve its existing operations in the State. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.Bonds; or

Representations by the Issuer. The Issuer makes the following representationsrepresents and warrants as follows: (1a) The Issuer is duly organized under an industrial development authority within the provisions meaning of the Enabling Law Act and has is authorized by the legal authority Act to execute and power to enter into this Agreement and to undertake the transactions contemplated by this Lease Agreement herein and to carry out its obligations hereunder. (b) The Issuer has all requisite power, authority and legal right to execute and deliver the Bond Documents to which it is a party and all other instruments and documents to be executed and delivered by the Issuer pursuant thereto, to perform and observe the provisions thereof and to carry out the transactions contemplated by the Bond Documents. All corporate action on the part of the Issuer which is required for the execution, delivery, performance and observance by the Issuer of the Bond Documents has been duly authorized and effectively taken, and such execution, delivery, performance and observation by the Issuer do not contravene applicable law or any contractual restriction binding on or affecting the Issuer. (c) The Issuer has duly approved the issuance of the Bonds and the loan of the proceeds thereof to the Company for the Acquisition of the Project; no other authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required as a condition to the performance by the Issuer of its obligations under any Bond Documents. (d) This Agreement is, and each other Bond Document to which the Issuer is a party when delivered will be, legal, valid and binding special obligations of the Issuer enforceable against the Issuer in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally. (e) There is no default of the Issuer in the payment of the principal of or interest on any of its indebtedness for borrowed money or under any instrument or instruments or agreements under and subject to which any indebtedness for borrowed money has been incurred which does or could affect the validity and enforceability of the Bond Documents or the ability of the Issuer to perform its obligations thereunder, and no event has occurred and is continuing under the provisions of any such instrument or agreement which constitutes or, with the lapse of time or the giving of notice, or both, would constitute such a default. (f) With respect to the Bonds, there are no other obligations of the Issuer that have been, are being or will be (i) sold at substantially the same time, (ii) sold pursuant to the same plan of financing, and (iii) reasonably expected to be paid from substantially the same source of funds. (g) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending, or, to the best knowledge of the Issuer, threatened against or affecting the Issuer wherein an unfavorable decision, ruling or finding would adversely affect (i) the transactions contemplated by, or the validity or enforceability of, the Bonds, the Indenture or this Agreement or (ii) the tax-exempt status of interest on the Bonds. (h) In connection with the authorization, issuance and sale of the Bonds, the Issuer has complied with all provisions of the Constitution and laws of the State, including the Act. (i) The Issuer has not assigned or pledged and will not assign or pledge its interest in this Agreement for any purpose other than to secure the Bonds under the Indenture. The Bonds constitute the only bonds or other obligations of the Issuer in any manner payable from the revenues to be derived from this Agreement, and except for the Bonds, no bonds or other obligations have been issued on the basis of this Agreement. (j) The Issuer is not in default breach under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreementwhere any such default would affect the issuance, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing validity or enforceability of the Project through Bonds or the issuance of transactions contemplated by this Agreement or the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the StateIndenture. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.

Representations by the Issuer. The Issuer makes the following representationsrepresents and warrants as follows: (1a) The Issuer is duly organized under a public body corporate and politic and is authorized by the provisions of the Enabling Law Act to execute and has the legal authority and power to enter into this Agreement and to undertake the transactions contemplated by this Lease Agreement herein and to carry out its obligations hereunder. (b) The Issuer has all requisite power, authority and legal right to execute and deliver the Bond Documents to which it is a party and all other instruments and documents to be executed and delivered by the Issuer pursuant thereto, to perform and observe the provisions thereof and to carry out the transactions contemplated by the Bond Documents. All corporate action on the part of the Issuer which is required for the execution, delivery, performance and observance by the Issuer of the Bond Documents has been duly authorized and effectively taken, and such execution, delivery, performance and observation by the Issuer do not contravene applicable law or any contractual restriction binding on or affecting the Issuer. (c) The Issuer has duly approved the issuance of the Bonds and the loan of the proceeds thereof to the Company for the acquisition, construction and equipping of the Project; no other authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required as a condition to the performance by the Issuer of its obligations under any Bond Documents. (d) This Agreement is, and each other Bond Document to which the Issuer is a party when delivered will be, legal, valid and binding special obligations of the Issuer enforceable against the Issuer in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally. (e) There is no default of the Issuer in the payment of the principal of or interest on any of its indebtedness for borrowed money or under any instrument or instruments or agreements under and subject to which any indebtedness for borrowed money has been incurred which does or could affect the validity and enforceability of the Bond Documents or the ability of the Issuer to perform its obligations thereunder, and no event has occurred and is continuing under the provisions of any such instrument or agreement which constitutes or, with the lapse of time or the giving of notice, or both, would constitute such a default. (f) With respect to the Bonds, there are no other obligations of the Issuer that have been, are being or will be (i) sold at substantially the same time, (ii) sold pursuant to the same plan of financing, and (iii) reasonably expected to be paid from substantially the same source of funds. (g) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending, or, to the best knowledge of the Issuer, threatened against or affecting the Issuer wherein an unfavorable decision, ruling or finding would adversely affect (i) the transactions contemplated by, or the validity or enforceability of, the Bonds, the Indenture or this Agreement or (ii) the tax-exempt status of interest on the Bonds. (h) In connection with the authorization, issuance and sale of the Bonds, the Issuer has complied with all provisions of the Constitution and laws of the State, including the Act. (i) The Issuer has not assigned or pledged and will not assign or pledge its interest in this Agreement for any purpose other than to secure the Bonds under the Indenture. The Bonds constitute the only bonds or other obligations of the Issuer in any manner payable from the revenues to be derived from this Agreement, and except for the Bonds, no bonds or other obligations have been or will be issued on the basis of this Agreement. (j) The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreementwhere any such default would affect the issuance, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing validity or enforceability of the Project through Bonds or the issuance of transactions contemplated by this Agreement or the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the StateIndenture. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.

Representations by the Issuer. The Issuer makes the following representationsrepresents and warrants as follows: (1a) The Issuer is duly organized under a body politic and corporate and a public instrumentality of the State. Under the provisions of the Enabling Law and Act, the Issuer has the legal authority and power to enter into this Loan Agreement and the other Bond Documents entered into by it and the transactions contemplated by this Lease Agreement hereunder and thereunder and to carry out its obligations hereunderhereunder and thereunder. By proper action, the Issuer has duly authorized the execution and delivery of this Loan Agreement and each of the other Bond Documents executed and delivered by it. The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified which would affect its existence or its powers referred to do business in this subsection (a). (b) To finance the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws cost of the Stateacquisition of the Facility, the Issuer has power agreed at the request of the Borrower to enter in issue and sell the Bonds and to lend the proceeds thereof to the Borrower under and pursuant to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Loan Agreement. (2c) The financing As provided in the Indenture, the Revenues are pledged to secure the payment of the Project through principal of and interest and premium (if any) on the issuance of the Bond Bonds and the leasing of the Project for any other payment referred to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the Statethis Loan Agreement. (3d) This Loan Agreement and the Indenture have been duly and properly authorized, executed, sealed and delivered by the Issuer, constitute valid and legally binding obligations of the Issuer, and are fully enforceable against the Issuer in accordance with their respective terms; provided, however, that the enforceability and binding nature of this Loan Agreement and the Indenture are subject to bankruptcy, insolvency, reorganization and other state and federal laws affecting the enforcement of creditors' rights generally, and, to the extent that certain remedies under such instruments require, or may require enforcement by a court of equity, such principles of equity as the court having jurisdiction may impose. (e) There are no proceedings pending or, to the knowledge of the Issuer, threatened before any court or administrative agency which may affect the authority of the Issuer to enter into this Loan Agreement or the Indenture. (f) The Corporations intends execution, delivery and performance by the Issuer of this Loan Agreement and the Indenture, or any other document required or contemplated hereby to operate be delivered by the Project for the manufacturingIssuer, processing, storing, warehousing do not and distributing of manufactured housing and related products and in such a manner that it will shall not constitute a "project" within violation or breach of or a default under any existing mortgage, indenture, contract, instrument or agreement binding on the meaning Issuer or affecting its property, or any provision of law or order of any court binding upon the Enabling LawIssuer.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1a) The Issuer (i) is a nonstock nonprofit industrial development corporation duly organized and existing under the provisions laws of the Enabling Law State, (ii) has full power and has the legal authority and power to enter into the transactions contemplated by this Lease Loan Agreement and the Indenture and to carry out its obligations hereunder. The Issuer under this Loan Agreement and the Indenture, including the issuance of the Bonds, (iii) is not in default under any provisions of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State which would affect its existence or its powers referred to in this subsection and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and (iv) by proper corporate action has duly authorized the execution and delivery of this Lease Loan Agreement, the Bonds and the Indenture. (2b) Under existing statutes and decisions, no taxes on income or profits are imposed on the Issuer. The financing Issuer will not knowingly take or omit to take any action reasonably within its control which action or omission would impair the exclusion of interest paid on the Bonds from the gross income of the Project through the issuance owners of the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the StateBonds for federal income tax purposes. (3c) Neither the execution and delivery by the Issuer of this Loan Agreement or the Indenture, nor the consummation by the Issuer of the transactions contemplated by this Loan Agreement or the Indenture, conflicts with, will result in a breach of or default under or will (except with respect to the lien of the Indenture) result in the imposition of any lien on any property of the Issuer pursuant to the terms, conditions or provisions of any statute, order, rule, regulation, agreement or instrument to which the Issuer is a party or by which it is bound. (d) Each of this Loan Agreement and the Indenture has been duly authorized, executed and delivered by the Issuer and each constitutes the legal, valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or limiting creditors' rights generally or by equitable principles of general applicability. (e) There is no litigation or proceeding pending, or to the knowledge of the Issuer threatened, against the Issuer, or to the knowledge of the Issuer affecting it, which would adversely affect the validity of this Loan Agreement, the Indenture or the Bonds or the ability of the Issuer to comply with its obligations under this Loan Agreement, the Indenture or the Bonds. (f) The Corporations intends to operate Issuer hereby finds and determines that all requirements of the Act have been complied with, the Project for the manufacturing, processing, storing, warehousing constitutes and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling LawAct and the financing of the Project through the issuance of the Bonds will further the public purposes of the Act. (g) No member, director, officer, official, agent or employee of the Issuer has any interest (financial, employment or other) in the Company or the transactions contemplated by this Loan Agreement. (h) The Issuer will apply the proceeds from the sale of the Bonds as specified in the Indenture and this Loan Agreement. So long as any of the Bonds remain outstanding and except as may be authorized by the Indenture, the Issuer will not issue or sell any bonds or obligations, other than the Bonds, the principal of, premium, if any, or interest on which will be payable from the Trust Estate. (i) The Project will be wholly located within the boundaries of the Issuer. (j) No approval, authorization or consent of any governmental or public agency or authority or officer (other than those which have been obtained) is required in connection with the execution and delivery by the Issuer of this Loan Agreement, the Indenture or the Bonds, other than any required under the securities laws of the United States or any state, as to all of which no representation is made by the Issuer. (k) Based upon the representations made by the Company, the Board of Directors hereby finds that (i) the Project is suitable for the promotion of industrial or manufacturing development and expansion, (ii) the Project will have a direct, positive and favorable impact on employment in the Governmental Unit, and (iii) that the Project is in furtherance of the public purposes as set forth in the Act. (l) The Governmental Unit has by resolution approved this Agreement as required by the Act.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as of the date of the execution and delivery of this Loan Agreement as the basis for the undertakings on its part herein contained: (1a) The Issuer is a public body, corporate and politic, of the State, and is duly organized organized, validly existing and in good standing under the provisions laws of the Enabling Law and State. (b) The Issuer has the legal power and lawful authority to adopt the Resolution, to execute and power deliver the Issuer Documents, to issue the Bonds and receive the proceeds of the Bonds, to apply the proceeds of the Bonds to make the Loan, to assign the revenues derived and to be derived by the Issuer from the Loan to the Trustee and to enter into the transactions on its part contemplated by this Lease Agreement the Issuer Documents and the Bonds and otherwise on its part to carry out its obligations hereunder. be performed and observed thereunder. (c) The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreementeach of the Issuer Documents, the issuance sale and delivery of the Bonds and the performance of the obligations of the Issuer thereunder. (2d) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project Documents and the leasing of Bonds have been duly executed and delivered by the same to Issuer and constitute the Corporation will be in furtherance of the purposes legal, valid and binding obligations of the Issuer's incorporation , enforceable against the Issuer in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights, and except to the Enabling Lawextent that availability of the remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding therefor may be brought. (3e) The Bond will be issued and delivered contemporaneously with Neither of the delivery Issuer nor any Boardmember, officer or employee of this Lease Agreement. Representations the Issuer has any interest, financial, employment or other, in the Borrower, the Project or the transactions contemplated by the Corporationntations by the Corporation The Corporation makes the following representations:Loan Documents. (1f) The Corporation There is duly incorporated under no action, suit, proceeding, inquiry or investigation pending with respect to which the laws Issuer has been served with process or, to the knowledge of the State and is duly qualified Issuer, threatened against the Issuer by or before any court, governmental agency or public board or body, which (i) affects or questions the existence or the territorial jurisdiction of the Issuer or the title to do business in the State, is not in violation office of any provisions of its certificate of incorporation, its by-laws, or the laws officer of the StateIssuer; (ii) affects or seeks to prohibit, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized restrain or enjoin the execution and delivery of this Lease Agreement. (2) The financing any of the Project through Issuer Documents, or the issuance issuance, execution or delivery of the Bond and Bonds; (iii) affects or questions the leasing validity or enforceability of any of the Project to Issuer Documents or the Corporation has induced Bonds; (iv) questions the Corporation to locate exclusion from gross income for federal income taxation of interest on the Project in the State and thereby enlarge, expand and improve its existing operations in the State. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.Bonds; or

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for its covenants herein: (1A) The Issuer is duly organized under authorized by the provisions Act, among other things, to issue revenue bonds for the purpose of defraying the cost of acquiring, constructing, improving and equipping certain projects described in Section 16.102 of the Enabling Law Act including manufacturing facilities. (B) The issuance and has sale of the legal authority Series 2010 Note; the execution and power to enter into the transactions contemplated by delivery of this Lease Loan Agreement and the assignment of this Loan Agreement to carry out its obligations hereunder. The Issuer is not in default under any the Lender; and the performance of all covenants and agreements of the provisions Issuer contained in its certificate of incorporationthe Series 2010 Note, as the same may Pledge Agreement, and this Loan Agreement have at any time been amended, its bylaws or the laws duly authorized by resolutions of the State. By proper corporate action governing body of the Issuer adopted at meetings thereof duly called and held by the affirmative vote of not less than a majority of a quorum present at such meetings. (C) To provide funds to finance the Project Costs, in anticipation of the receipt of Loan Repayments hereunder, the Issuer has duly authorized the execution Series 2010 Note in the principal amount of $1,300,000 to be issued upon the terms set forth in the Note Resolution and delivery the Series 2010 Note, under the provisions of this Lease Agreementwhich the Issuer has agreed to assign its interest therein to the Lender as security for the repayment of the principal of and interest on the Series 2010 Note. (2D) The Pursuant to the Note Resolution and this Loan Agreement, the Issuer has determined that authorized and directed the Lender, as purchaser of the Series 2010 Note, to pay the purchase price of the Series 2010 Note to the Borrower or at the direction of the Borrower, for the payment of Project Costs and for the payment of certain costs of issuance of the BondSeries 2010 Note, the acquisition, construction, and equipping each such payment to constitute a payment of the Project purchase price thereof and the leasing making of a portion of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling LawLoan hereunder. (3E) The Bond will be issued To the knowledge of the undersigned, there is not pending or threatened any suit, action or proceeding against the Issuer before or by any court, arbitrator, administrative agency or other governmental authority which materially and delivered contemporaneously with adversely affects the delivery validity, as to the Issuer, of this Lease Loan Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws , any of its obligations hereunder or any of the State and is duly qualified to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreementtransactions contemplated hereby. (2) The financing of the Project through the issuance of the Bond and the leasing of the Project to the Corporation has induced the Corporation to locate the Project in the State and thereby enlarge, expand and improve its existing operations in the State. (3) The Corporations intends to operate the Project for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning of the Enabling Law.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1a) The Issuer is duly organized under a political subdivision of the State. Under the provisions of the Enabling Law and Act, the Issuer has the legal authority and power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. By proper action, the Issuer has been duly authorized to execute, deliver and duly perform this Agreement and the Indenture. To the extent the foregoing representation involves a legal conclusion, such representation is made in reliance on the opinion of Bond Counsel. (b) To refinance a portion of the Cost of the Project by refunding the Refunded Bonds, the Issuer will issue the Bonds, which will mature, bear interest and be subject to redemption as provided in the Indenture. (c) The Issuer’s interest in this Agreement (except certain rights of the Issuer to payment of fees and expenses and indemnification, to rights of inspection and to consents and rights to receive any notices, certificates, requests, requisitions and other communications) will be pledged to the Trustee as security for payment of the principal of, and premium, if any, and interest on the Bonds. (d) The Issuer has not pledged and will not pledge its interest in this Agreement for any purpose other than to secure the Bonds under the Indenture. (e) The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified which default would affect its existence or its powers referred to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery subsection (a) of this Lease AgreementSection 2.1. (2f) The financing Issuer has found and determined and hereby finds and determines that all requirements of the Project through Act with respect to the issuance of the Bond Bonds and the leasing execution of this Agreement and the Indenture have been complied with and that financing or refinancing the Project, including the refunding of the Project to Refunded Bonds, by issuing the Corporation has induced Bonds and entering into this Agreement and the Corporation to locate the Project Indenture is in the State public interest, serves the public purposes and thereby enlarge, expand and improve its existing operations in meets the Staterequirements of the Act. (3g) The Corporations intends On October 5, 2004, the Issuer adopted a resolution authorizing the issuance of refunding bonds in an amount not to operate exceed $75,000,000 to refinance the Project for the manufacturingProject. (h) No member, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning officer or other official of the Enabling LawIssuer has any interest whatsoever in the Borrower or in the transactions contemplated by this Agreement.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1a) The Issuer is duly organized under a political subdivision of the State. Under the provisions of the Enabling Law and Act, the Issuer has the legal authority and power to enter into the transactions contemplated by this Lease Agreement and to carry out its obligations hereunder. By proper action, the Issuer has been duly authorized to execute, deliver and duly perform this Agreement and the Indenture. To the extent the foregoing representation involves a legal conclusion, such representation is made in reliance on the opinion of Bond Counsel. (b) To refinance part of the Cost of the Project, including the refunding of the Refunded Bonds, the Issuer will issue the Bonds, which will mature, bear interest and be subject to redemption as provided in the Indenture. (c) The Issuer’s interest in this Agreement (except certain rights of the Issuer to payment of fees and expenses and indemnification, to rights of inspection and to consents and rights to receive any notices, certificates, requests, requisitions and other communications) will be pledged to the Trustee as security for payment of the principal of, and premium, if any, and interest on the Bonds. (d) The Issuer has not pledged and will not pledge its interest in this Agreement for any purpose other than to secure the Bonds under the Indenture. (e) The Issuer is not in default under any of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the State. By proper corporate action the Issuer has duly authorized the execution and delivery of this Lease Agreement. (2) The Issuer has determined that the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same to the Corporation will be in furtherance of the purposes of the Issuer's incorporation and the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified which default would affect its existence or its powers referred to do business in the State, is not in violation of any provisions of its certificate of incorporation, its by-laws, or the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery subsection (a) of this Lease AgreementSection 2.1. (2f) The financing Issuer has found and determined and hereby finds and determines that all requirements of the Project through Act with respect to the issuance of the Bond Bonds and the leasing execution of this Agreement and the Indenture have been complied with and that refinancing the Project, including the refunding of the Project to Refunded Bonds, by issuing the Corporation has induced Bonds and entering into this Agreement and the Corporation to locate the Project Indenture is in the State public interest, serves the public purposes and thereby enlarge, expand and improve its existing operations in meets the Staterequirements of the Act. (3g) The Corporations intends to operate On September 16, 2008, the Project for Issuer adopted its resolution approving the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning issuance of the Enabling LawBonds. (h) No member, officer or other official of the Issuer has any interest whatsoever in the Borrower or in the transactions contemplated by this Agreement.

Representations by the Issuer. The Issuer makes the following representationsrepresentations as the basis for the undertakings on its part herein contained: (1) A. The Issuer is duly a county and political subdivision organized and existing under and pursuant to the provisions laws of the Enabling Law State of New Mexico (“State”) and is authorized by the Act to acquire, own, lease or sell projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate or expand in the State, and promoting a sound and proper balance in the State between agriculture, commerce and industry. Under the Act, the Issuer has the legal authority and power to enter into the transactions contemplated by this Lease Lease, the Indenture and the Bond Purchase Agreement and to carry out its obligations hereunderhereunder and thereunder. The Issuer is not in default under any Project constitutes and will constitute a “project” within the meaning of the provisions contained in its certificate of incorporation, as the same may have at any time been amended, its bylaws or the laws of the StateAct. By proper corporate action action, the Issuer has duly authorized the execution and delivery of this Lease Lease, the Indenture and the Bond Purchase Agreement. (2) B. The Issuer has determined that will lease the issuance of the Bond, the acquisition, construction, and equipping of the Project and the leasing of the same Leased Property to the Corporation Company and will be in furtherance of sell the purposes of Leased Property to the Issuer's incorporation and Company upon the Enabling Law. (3) The Bond will be issued and delivered contemporaneously with the delivery of this Lease Agreement. Representations by the Corporationntations by the Corporation The Corporation makes the following representations: (1) The Corporation is duly incorporated under the laws of the State and is duly qualified to do business in the State, is not in violation of any provisions Company’s exercise of its certificate option to purchase the Leased Property, all for the purpose of incorporation, its by-laws, or promoting industry and trade by inducing the laws of the State, has power to enter in to this Lease Agreement, and by proper corporate action has duly authorized the execution and delivery of this Lease Agreement. (2) The financing of the Project through the issuance of the Bond and the leasing of the Project to the Corporation has induced the Corporation Company to locate the Project in the State and thereby enlarge, expand to promote a sound and improve its existing operations proper balance in the State between agriculture, commerce and industry. The Issuer agrees to cooperate with the Company to procure from the appropriate State, county, municipal and other authorities and corporations utility connection and discharge arrangements for the adequate supply of water, gas, electricity, sewage, and other services for the operation of the Leased Property. C. To finance the Costs of the Project, the Issuer will issue the Bond. The Bond shall mature, bear interest and have such other terms and conditions as are set forth in the Indenture. · D. The Bond is to be issued under and secured by the Indenture, pursuant to which certain of the Issuer’s interests in this Lease (3with certain exceptions) The Corporations intends to operate and the revenues and receipts derived by the Issuer from the leasing or sale of the Project (with certain exceptions) will be pledged and assigned to the Purchaser as security for the manufacturing, processing, storing, warehousing and distributing of manufactured housing and related products and in such a manner that it will constitute a "project" within the meaning payment of the Enabling Lawprincipal of, premium, if any, and interest on the Bond. E. The execution, delivery and performance of the Issuer of the Bond Documents will not conflict with or create a material breach of or material default under the Act or any other law, rule, regulation or ordinance applicable to the Issuer or any agreement or instrument to which the Issuer is a party or by which it is bound, and there is no action, suit, proceeding, inquiry or investigation by or before any court, public board or body, pending or, to the best knowledge of the Issuer threatened, against the Issuer, which seeks to or does restrain or enjoin the issuance and delivery of the Bond or the execution and delivery of any of the Bond Documents or in any manner questions the validity or enforceability of the Bond or any of the Bond Documents.