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<br /> day of the fiscal year for which appropriations were made for the Rent Payments due under <br /> the Lease." <br /> 2. DECLARATION OF PERSONAL PROPERTY FINANCING. <br /> (a) LESSEE AND LESSOR EXPRESSLY DECLARE AND AGREE THAT THE <br /> EQUIPMENT SHALL CONSTITUTE PERSONAL PROPERTY AND THAT THE EQUIPMENT <br /> SHALL NOT BE DEEMED, OR IDENTIFIED AS, ANY OF THE FOLLOWING: REAL PROPERTY; <br /> AN IMPROVEMENT ON ANY REAL PROPERTY; A PERMANENT BUILDING OR STRUCTURE <br /> ON ANY REAL PROPERTY; OR A FIXTURE ON ANY REAL PROPERTY. <br /> (b) Lessee represents and warrants to Lessor that the Equipment is personal property and <br /> that the Equipment is not any of the following: real property; an improvement on any real property; <br /> a permanent building or structure on any real property; or a fixture on any real property. Upon <br /> Lessor's written request, Lessee shall furnish to Lessor a certificate executed by an independent <br /> engineer or architect who is reasonably satisfactory to Lessor wherein said engineer or architect <br /> certifies that the Equipment is relocatable or transportable and will remain personal property. <br /> (c) WIthout limiting the generality of the representations in the Master Lease as it applies to <br /> the Lease, Lessee represents and warrants to Lessor that the Lease complies with all applicable <br /> provisions of the laws of the State of Texas, including, without limitation, all applicable public finance <br /> laws of the State of Texas. <br /> 3. NO SALE OF FRACTIONAL INTERESTS IN THE LEASE. Lessor agrees that: (a) unless <br /> otherwise agreed by Lessee in writing, Lessor will not create or sell fractional interests in the Lease <br /> or participation interests in the Lease; (b) if Lessor sells or assigns its rights in the Lease, then, <br /> unless otherwise agreed by Lessee in writing, such sale or assignment shall be of an undivided <br /> interest in ~II of Lessor's right, title and interest in the Lease to a single purchaser or assignee; and <br /> (c) if Lessee consents to the creation or sale of any fractional interests in the Lease or any <br /> participation interests in the Lease, Lessor agrees that such transaction shall comply with applicable <br /> State and federal law. <br /> 4. GENERAL. Except as expressly amended by this Addendum and other modifications <br /> signed by Lessor, the Lease remains unchanged and in full force and effect. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date <br /> first referenced above. <br /> City of San Marcos Banc One Leasing Corporation <br /> (Lessee) (Lessor) <br /> By: ~~~ By: <br /> Title: CITY MA AGER Title: <br /> (munilease.tex) Page 2 <br />