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SECTION 4Ofi. YIELD RESTRICTIONS. <br />~ <br />(A) YIELD RESTRICTIONS. Except as provided below in Sections 40 (C), (D) and (E), <br />none of the Proceeds of the Certificates will be invested in any security, an~ obligation, any <br />annuity contract or any investment-type property that has a yield that exceed the yield on the <br />Certificates by more than one-eighth of one percentage point (0.125%), an no Replacement <br />Proceeds will be invested in any security, any obligation, any annuity contract or any <br />investment-type property that has a yield that exceeds the yield on the Certifi ates. <br />~B~ CALCULATION OF YIELD. Pursuant to Code § 148 and Regulations § 1.148-4(b), the <br />"yield" on the Certificates is equal to the discount rate which, when used in com uting the present <br />value as of the issue date of all unconditionally payable payments of principal, interest, and fees <br />for the qualified guarantee with respect to the Certificates (namely, the pre ium paid for the <br />Insurance Policy described below), produces an amount equal to the present valu , using the same <br />discount rate, of the aggregate issue price of the Certificates as of the ssue date. Any <br />underwriter's discount, issuance costs or costs of carrying or repaying the Certifi ates is not taken <br />into account in calculating Certificate of Participation yield. The yield on the Certificates as so <br />calculated by R.S. Clements and Associates, LLC, the County's fina cial advisor, is <br />%. . <br />(C~ TEMPORARY PERIOD EXCEPTIONS. The first eXCeptlOriS t0 the <br />described in Section 406(a) above are: <br />(I~ THREE-YEAR TEMPORARY PERIOD: The exception for Ne~ <br />the Certificates and Investment Proceeds of the Certificates that are i~ <br />three-year temporary period described in Section 405(D) of this Certif <br />(II) INVESTMENT PROCEEDS TEMPORARY PERIOD: The <br />Investment Proceeds that are invested during a one-year temporary ~ <br />the date of receipt of such Investment Proceeds. <br />yield restrictions <br />Sale Proceeds of <br />vested during the <br />cate; and <br />~tion for other <br />that begins on <br />(D) EXCEPTION FOR BONA FIDE DEBT SERVICE FUND. The second exc ption to the yield <br />restrictions described in Section 406(a) above is for Gross Proceeds of the C rtificates that are <br />deposited in the "bona fide debt service fund" described in Section 407(A) f this Certificate <br />during the 13-month period described in Regulations § 1.148-2(e)(5)(ii). '~ <br />(E) MINOR PORTION EXCEPTION. The third exception is for Sale P <br />of a"minor portion," which is equal to the lesser of 5% of the Certi <br />Proceeds or $100,000; the minor portion for the Certificates is $100,000. <br />s that are a part <br />of Participation <br />GENERAL AND TAX CERTIFICATE <br />PAGE H <br />