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3. Disposition of Surplus Project Fund Moneys: The moneys remainin~ in the Project <br />Fund in excess of the totals set forth in 3(a) and (b) above represent surphis bond proceeds and <br />the Trustee is hereby authorized and directed to transfer such moneys to the 1998 Debt Service <br />Account to be applied in accordance with the requirements of Section 402(B) of the Agreement. <br />~~ <br />~g <br />~9 <br />30 <br />~~ <br />~t. No Default: The County is not in default under the Agreement and nothing has <br />occurred to the knowledge of the County that would prevent the performance of its obligations <br />under the Agreement. <br />This certificate is given without prejudice to any rights against third parties which e~ist <br />at the date hereof or which may subsequently come into being. All terms used herein and not <br />otherwise defined herein shall have the respective meanings assigned thereto in the Financing and <br />Trust Agreement dated as of December 1, 1998 between the County and the Trustee. <br />Executed this day of <br />, 199 <br />MARION COUNTY, OREGON <br />BY: <br />Authorized County Representative <br />