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ORIGINAL 161. GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee: City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Lessor: Wells Fargo Brokerage Services, LLC Public Finance Division 1740 Broadway, MAC C7300-011 Denver, Colorado 80274 i. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the personal property described in a Supplement or Supplements to this Master Lease from time to time signed by Lessor and Lessee upon the terms and conditions set forth in the related Supplement (such property together with all replacements,' repairs and additions incorporated therein or affixed thereto being referred to herein as "Equipment"). The lease of the items described in a particular Supplement shall be considered a separate lease pursuant to the terms of the Master Lease and the Supplement the same as if a single lease agreement containing such terms had been executed covering such items. The execution by Lessee of each Supplement shall evidence a determination by the Lessee that the Equipment covered thereby is essential to its proper, efficient and economic operation and desires to enter into that Supplement for the acquisition of that Equipment under the terms hereof, that the Equipment is necessary for the governmental functions of Lessee, and that Lessor is neither the manufacturer nor a dealer or merchant of said Equipment, but has agreed to provide the funding for and on behalf of Lessee for the acquisition of said Equipment under the terms hereof at the specific request of Lessee. 2. DELIVERY AND ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (herein so called) in the form to be provided by Lessor. 3. TERM. The term of this Lease with respect to each item of Equipment shall begin on the date it is accepted by Lessee and shall continue from the rent commencement date shown in the related Supplement unless earlier terminated as provided herein. The rent commencement date is the Acceptance Date as recorded on the Acceptance Certificate; provided however, the term of this Lease shall not exceed twenty-five (25) years. 4. RENT. Lessee shall pay as basic rent for the full term of this Lease the amount shown in the related Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the related Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in the related .Supplement plus any applicable sales and use tax thereon. Lessee shall pay rent in installments as shown in the Related Supplement. Except as specifically provided in Section 5 hereof, the rental payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counter claim or recoupment for any reason whatsoever. The net effective interest rate under this Lease shall not exceed the net effective interest at which public securities may be issued in accordance with Chapter 1204, Texas Government Code. 5. NONAPPROPRIATION OF FUNDS. Not~vithstanding any other term, provision or condition whatsoever of this Master Lease to the contrary, each and every financial obligation of Lessee and all obligations requiring an expenditure of funds, and any and all damages payable by Lessee pursuant to this Master Lease, are subject to Lessee appropriating funds therefor, and in the event funds are not appropriated by Lessee, or the funds appropriated by Lessee's governing body in any fiscal period of Lessee for Rent or other sums or amounts due under this Master Lease are insufficient therefor, this Master Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of the Rent or other amounts herein agreed upon for which funds shall have been appropriated and budgeted. The Lessee will promptly notify the Lessor of the termination by Lessee of this Master Lease, or any such non-appropriation by Lessee. In the event of such termination, Lessee agrees to peaceably 1