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Single Disbursement Loan No. 6203-02 MUNICIPAL LEASE AGREEMENT LESSEE: CITY OF SA!\' MARCOS. TEXAS Name of Municipality or Public Entity 630 E. Hopkins Address San Marcos City Telefax# (512)392-4612 Hays County Texas State 78666 Zip This Lease Agreement (the "Leasc"), dated as of April 11 , 2000, establishes the gcncral terms and conditions undcr which f )STOK COMMUNITY BANK, N.A. (the "Lessor"), whose address is 11390 Vcterans Memorial Dr.. P.O. Box 670527, lluuston, TX 77267 -0527 T elefax Number (281) 397-2400 , may lease the equipment and other personal property to Lessee set forth in thc Equipment Schedule attached hereto as Exhibit "A" and incorporated herein by reference (the "Equipment Schedule"). 1. LEASE. By execution and delivcry by Lcssee to Lessor of this Lease, and upon acccptance by Lessor and satisfaction by Lessee of all conditions precedent set forth herein, Lessor shall lease to Lessec, and Lessee shan hire from Lessor, the equipmcnt and other personal property described in the Equipmcnt Schedule, all on and subject to the terms and conditions set forth therein and herein. The equipment and other personal propcrty described in the Equipment Schedulc, togethcr with all replacemcnt parts, additions, modifications, repairs and accessories incorporated therein and/or attached thereto, is sevcrally and collectively referred to hcrein as the "Equipment." This Lease shall not be cancelable or terminablc by Lessee exccpt as provided herein. Lessec hereby authorizes and empowers Lessor to unilaterally amend the Equipment Schedule from time to time by inserting information more fully identifying the Equipment or any part thereof and irrevocably constitutes and appoints Lessor its true and lavYful attorney-in-fact for thc purpose of executing and filing from timc to time in Lessee's name such financing statements describing the Equipment or any part thereof as Lessor dcems appropriate. 2. DELIVERY AND ACCEPTANCE OF EOUIPMENT. Upon completion of each item of Equipment and delivery thereof (and, if such item of Equipment requires installation, installation of such itcm of Equipment), Lessee will promptly inspect and test thc Equipment and, if the Equipment is in good order and conforms with any applicable purchasc order, Lessee will promptly acccpt delivery of the Equipment on behalf of Lessor and shall forthwith cxecute and deliver to Lessor a duly completed Certificate of Acceptance in form and content acceptablc to Lessor, which shall set forth, among other things, the date that Lessee accepted delivery of the Equipment on behalf of Lessor (the "Certificate of Acceptance"). Upon Lessee's acceptance of the Equipment, Lessee's prrl1nises and covenants contained herein become irrevocable and independent. 3. CONDITIONS PRECEDENT. In no event shall Lessor have any obligation to purchase any Equipment and lease the same to Lessee until and unless Lessee shall havc delivered or caused to be delivercd to Lessor and Lessor shall have in its possession each of the following, in form and substance acceptable to Lessor: a. Such rcsolutions or authorizations and other documents relating to the authority of any person executing this Lcase and/or any other document, instrument or agreement executed, delivered or undertaken on behalf of Lessee in connection with this Lease, as Lessor shall require; b. An originally executed copy of this Lcase \"ith all exhibits, schedules and attachments hereto fully completed; c. An Assignment of Purchase Order Agreement, a copy of all sale or purchase contracts rcgarding the Equipment entered into between Lessee and the manufacturer or vendor of the Equipment, a copy of all purchase orders regarding the Equipment issued by Lessee, the orif,tinal invoices regarding the Equipment issued by such manufacturer or vcndor to Lessor, and the original bill of sale, if any, issued by such manufacturer or vendor evidencing the transfer oftitle to such Equipment to Lessee;