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<br /> '-IS-v <br /> <br /> June 10, 1997 <br /> American Bank <br /> 1600 Smith <br /> P.O. Box 847 <br /> Houston, Texas 77001-0847 <br /> I . RE: Municipal Lease Purchase Agreement with City of San Marcos <br /> Gentlemen: <br /> I am counsel to the City of San Marcos ("Lessee") and in such capacity I have examined <br /> duly executed originals of the Master Municipal Lease Agreement and Equipment <br /> Schedule No. 1.('~Lease") dated June 11, 1997, between Lessee and AMERICAN BANK, <br /> as Lessor. I have also examined the proceedings taken by Lessee's City Council (the <br /> "Council") to authorize and execute the Lease and based upon such examination I am of <br /> the opinion that: <br /> 1. Lessee is a body corporate and politic, legally existing under the laws of the State of <br /> Texas. <br /> . <br /> 2. The Lease has been duly authorized, executed and delivered by the Lessee. <br /> 3. The Lease is a legal, valid and binding obligation of the Lessee, enforceable in <br /> accordance with its terms. <br /> 4. In the event the Lessor obtains a judgment against Lessee in money damages, as a <br /> result of an event of default under the Lease, Lessee will be obligated to pay such <br /> judgment. <br /> - 5. No litigation is pending, or to the best of my knowledge threatened, in any court in any <br /> way (a) questioning or affecting the validity of the Lease (b) seeking to prohibit or restrain <br /> the performance by the Councilor the Lessee of the Lease or any documents related <br /> thereto, (c) questioning the authority of the Lessee to enter into the Lease or to carry out <br /> the terms thereof, (d) questioning or in any manner challenging the authority or proceeding <br /> pursuant to which the Lease was approved, or (e) challenging the creation, organization <br /> or existence of the Lessee or the titles of its officers to their respective offices, or the <br /> boundaries of the Lessee. <br /> 6. The signatures of the officials of the Lessee which appear on the Lease are true and <br /> genuine; I know said officials and know them to hold the offices set forth below their <br /> names. <br /> City Hall. 630 East Hopkins. San 1farcos, Texas 78666 . 512/353-4444 . FA.X 512/396-4656 <br />