Agenda 05-19-2026; 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of 2026A Installment Purchase Financing for Various Capital Investment Plan Projects

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79 Failure to give any notice specified in(1)or(2), as applicable, or any defect in that notice,will not affect the validity of any proceedings for the redemption of any 2026A Bonds with respect to which no failure has occurred. Failure to give any notice specified in(3), or any defect in that notice,will not affect the validity of any proceedings for the redemption of any 2026A Bonds with respect to which the notice specified in (1) or (2) is correctly given. Any notice mailed as provided in the Trust Agreement will conclusively be presumed to have been given regardless of whether received by any Owner. Notwithstanding anything in the Trust Agreement to the contrary,the only remedy for the Trustee's failure to post any notice with the EMMA system will be an action by the holders of the 2026A Bonds, as applicable,in mandamus for specific performance or similar remedy to compel performance. Any redemption notice, except a redemption notice in respect of a sinking fund payment date,may state that the redemption to be effected is conditioned upon (1) the Trustee's receipt on or prior to the redemption date of moneys sufficient to pay the principal of and premium,if any,and interest on the 2026A Bonds to be redeemed; or (2) any other condition not unacceptable to the Trustee. If a notice contains a condition and the Trustee either(i)does not receive moneys sufficient to pay the principal of and premium, if any,and interest on the 2026A Bonds on or prior to the redemption date,or(ii)the stated condition is not fulfilled,in either case on or prior to the redemption date,then redemption will not be made and the Trustee must,within a reasonable time, give notice in a manner in which the redemption notice was given that the moneys were not so received(or condition was not fulfilled) and the redemption was not made. SECURITY AND SOURCES OF PAYMENT OF 2026A BONDS GENERAL The 2026A Bonds are payable from payments to be made by the County pursuant to the Trust Agreement and from certain other moneys, including certain Net Proceeds, if any, and certain amounts realized from any sale or lease of the Mortgaged Property, which payments and other moneys have been pledged to such payment as provided in the Trust Agreement. PAYMENT OF BONDS;LIMITED OBLIGATION;BUDGET AND APPROPRIATIONS The County shall cause to be paid,when due,the principal of(whether at maturity,by acceleration, or otherwise) and the premium, if any, and interest on the Bonds at the places, on the dates and in the manner described in the Trust Agreement. The County is obligated to pay Additional Payments in amounts sufficient to pay the fees and expenses of the Trustee,taxes or other expenses required to be paid pursuant to the Trust Agreement. Additional Payments are to be paid by the County directly to the person or entity to which such Additional Payments are owed. In the Trust Agreement,the County agrees to include in the initial proposal for each of the County's annual budgets for review and consideration by the Board of Commissioners for the County, in any Fiscal Year, items for all Bond Payments and the reasonably estimated Additional Payments coming due in such Fiscal Year. Notwithstanding that the initial proposed budget includes an appropriation for Bond Payments and Additional Payments,the Board of Commissioners may determine not to include such an appropriation in the final County budget for such Fiscal Year;further,the Board of Commissioners may amend an adopted budget to reduce or delete an approved appropriation. An Event of Nonappropriation constitutes an Event of Default under the Trust Agreement, which entitles the Trustee to exercise its remedies under the Trust Agreement, including its rights to foreclose on the Mortgaged Property under the Modified Deed of Trust. 6