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This Bond, subject to certain limitations contained in the Ordinance, may be transferred only <br />upon its presentation and surrender at the designated office of the Paying Agent/Registrar named <br />below, or its successor with the Assignment hereon duly endorsed by, or accompanied by a written <br />instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the <br />Registered Owner hereof, or his duly authorized agent, and such transfer is noted on the Security <br />Register by the Paying Agent/Registrar. When a transfer occurs, one or more new fully-registered <br />Bonds of the same Maturity, of authorized denominations, bearing the same rate of interest, and of <br />the same aggregate principal amount will be issued to the designated transferee or transferees. <br />The City and the Paying Agent/Registrar, and any agent of either, shall treat the Registered <br />Owner whose name appears on the Security Register (i) on the Record Date as the owner entitled <br />to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to <br />payment of principal hereof at its Maturity or its redemption, in whole or in part, and (iii) on any <br />other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, <br />nor any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of <br />interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such <br />interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and <br />when funds for the payment of such interest have been received from the City. Notice of the Special <br />Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after <br />the Special Record Date) shall be sent at least five business days prior to the Special Record Date <br />by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing <br />on the Security Register at the close of business on the last business day next preceding the date of <br />mailing of such notice. <br />It is hereby certified, recited, represented, and declared that the City is a duly organized and <br />legally existing home-rule city, organized under and by virtue of the Constitution and laws of the <br />State of Texas; that the issuance of this Bond and the series of which it is a part are duly authorized <br />by law; that all acts, conditions, and things required to exist and be done precedent to and in the <br />issuance of this Bond to render the same lawful and valid have been properly done, have happened, <br />and have been performed in regular and due time, form, and manner as required by the Constitution <br />and laws of the State of Texas and the Ordinance; that this series of bonds does not exceed any <br />Constitutional or statutory limitation; and that due provision has been made for the payment of this <br />Bond and the Series of which it is a part as aforestated. In case any provision in this Bond shall be <br />invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining <br />provisions shall not in any way be affected or impaired thereby. The terms and provisions of this <br />Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws <br />of the State of Texas. <br />SAN MARCOS 2008: FirstSupplementalOrdinance B-5 <br />