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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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2/5/2019 2:38:38 PM
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Ordinances
Number
2019-03
Date
1/29/2019
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(i) The fact and date of the execution of such instruments by any Owner of <br />Bonds or the duly appointed attorney authorized to act on behalf of such Owner may be <br />provided by a guarantee of the signature thereon by a bank or trust company or by the <br />certificate of any notary public or other officer authorized to take acknowledgments of <br />deeds, that the Person signing such request or other instrument acknowledged to him the <br />execution thereof, or by an affidavit of a witness of such execution, duly sworn to before <br />such notary public or other officer. Where such execution is by an officer of a corporation <br />or association or a member of a partnership, on behalf of such corporation, association or <br />partnership, such signature guarantee, certificate, or affidavit shall also constitute <br />sufficient proof of his authority. <br />(ii) The ownership of Bonds and the amount, numbers and other identification <br />and date of holding the same shall be proved by the Register. <br />(b) Except as otherwise provided in this Indenture with respect to revocation of a <br />consent, any request or consent by an Owner of any Bond shall bind all future Owners of the <br />same Bond in respect of anything done or suffered to be done by the City or the Trustee in <br />accordance therewith. <br />Section 11.7. No Acceleration. <br />In the event of the occurrence of an Event of Default under Section 11. 1, the right of <br />acceleration of any Stated Maturity is not granted as a remedy hereunder and the right of <br />acceleration under this Indenture is expressly denied. <br />Section 11.8. Mailing of Notice. <br />Any provision in this Article for the mailing of a notice or other document to Owners <br />shall be fully complied with if it is mailed, first class postage prepaid, only to each Owner at the <br />address appearing upon the Register. <br />Section 11.9. Exclusion of Bonds. <br />Bonds owned or held by or for the account of the City will not be deemed Outstanding <br />for the purpose of consent or other action or any calculation of Outstanding Bonds provided for <br />in this Indenture, and the City shall not be entitled with respect to such Bonds to give any <br />consent or take any other action provided for in this Indenture. <br />67 <br />
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