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Cancelled Bonds �"•� A 1 ie; d G to tlO I ?iC aY t M+ <.. . • L121 To " v� nh icaW ts reae� tree impair? ( Water xoe ka9 an autaorueu:e +ean, anv2 . . .._ iagistmtiat, tta infer exch .n+ in the !Ir me of Cade & 7(.` ,.., .)? ,', R 1 's+, c �' t; aLP "YA t W1$04,,9V11101 .rlN THE ROI ISTIO1V (DESCRIBED i Iri , 1 s GLOBAL BOND MAY.BE TRANSFERRED, IN WHOLE BUT sot N "PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY (DESCRIBED HEREIN) OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES •• DEPOSITORY. • • • •REGISTERED REGISTERED ••• NUtBVR-5 •••••• $360,000.00 •• • • •••.•• UNITED STATES OF AMERICA e elbel • STATE OF KANSAS •••• _4 COUNTY OF SALINE ▪ •• CITY-OF SALINA • • ; :GP„NERAL OBLIGATION INTERNAL IMPROVEMENT BOND SERIES 2007-A • Intere§t••; Maturity Dated CUSIP: Rate: 4.250% Date: October 1, 2012 Date: June 15, 2007 794743 L93 REGISTERED OWNER: CEDE&CO. PRINCIPAL AMOUNT: THREE HUNDRED SIXTY THOUSAND DOLLARS KNOW ALL PERSONS BY THESE PRESENTS: That the City of Salina, in the County of Saline, State of Kansas (the "City"), for value received, hereby acknowledges itself to be indebted and , N co. promises to pay to the registered owner identified above, or registered assigns, as of the Record Dates as .• 0 hereinafter provided on the Maturity Date identified above, the Principal Amount identified above, and in I v J like manner to pay interest on such Principal Amount from the Dated Date shown above or from the most recent interest payment date to which interest has been paid or duly provided for at the rate of interest per I annum set forth above (computed on the basis of a 360-day year of twelve 30-day months), semiannually O on April 1 and October 1 of each year, commencing April 1, 2008 (the "Interest Payment Dates"), until O the Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment as hereinafter set forth. m � i z The principal of, premium, if any, and interest on this Bond shall be payable by the State Treasurer of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar"). The principal of and 33 33 any premium on this Bond shall be payable to the registered owner hereof upon presentation of this Bond —1 at the maturity or redemption date to the Paying Agent for payment and cancellation. The interest payable (I) > E on this Bond shall be paid by the Paying Agent to the Registered Owner hereof at the address appearing m „,. I on the registration books of the City maintained by the Bond Registrar or at such other address provided I V. in writing by the Registered Owner to the Bond Registrar at the close of business on the fifteenth day of the month preceding the interest payment date (the "Record Date"). The principal, premium, if any, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof, is legal tender for the payment of debts due the United States of America. The Bonds constitute general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements, and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate . 071783 095737 or amount upon all the taxable tangible property,real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due. This Bond is one of an authorized series of Bonds of the City designated "General Obligation Internal Improvement Bonds, Series 2007-A," in an aggregate principal amount of $6,545,000 (the "BoniisWl}ssued for the purposes set forth in the Ordinance of the City authorizing the issuance of the Bonds and the Resolution of the City prescribing the form and details of the Bonds (jointly, the "Resofuti'c "). Jhe•fonds are issued by the authority of and in full compliance with the provisions, • • restrictions and limitations of the Constitution and laws of the state of Kansas, including, without limitetion4K.S.4. 10-101 et seq., K.S.A. 12-685 et seq., and K.S.A. 12-6a01 et seq., all as amended and •••• supply red. :% • • • ••••• •At the op • tipn pf the City, Bonds maturing on October 1, 2018, and thereafter may be called for redeipptfAtt and Oyu-lent prior to maturity on October 1, 2017 and thereafter, in whole or in part at any time Me maturities and principal amounts of Bonds of each maturity to be redeemed will be determined by the,f.'ity,) at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest thereon to the date of redemption. Bonds maturing on October 1 in the year 2027 are subject to mandatory redemption and payment prior to maturity pursuant to the mandatory redemption requirements of the Bond Resolution on October 1, 2024 and on each October 1 thereafter prior to maturity, at a redemption price equal to 100% of the principal amount thereof,plus accrued interest thereon to the redemption date. Unless waived by any owner of the Bonds to be redeemed, if the City elects to call any Bonds for redemption and payment prior to maturity, the City or the Bond Registrar and Paying Agent on behalf of the City shall give written notice of its intention to call and pay such Bonds on a specified date, the same being described by maturity, such notice to be mailed by United States first class mail addressed to the Owners of the Bonds not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment shall cease to bear interest from the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified above. The Bonds are being issued by means of a book-entry system with no physical distribution of bond certificates to be made except as provided in the Resolution. One Bond certificate with respect to each date on which the Bonds are stated to mature, registered in the nominee name of the Securities Depository, is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers of ownership shall be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants. The City, the Bond Registrar and the Paying Agent will recognize the Securities Depository nominee, while the registered owner of this Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption premium, if any, and - interest on, this Bond, (ii)notices and (iii)voting. Transfers of principal, interest and any redemption . premium payments to participants of the Securities Depository, and transfers of principal, interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The City, the Bond Registrar and the Paying Agent will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by the Securities 2 • . 079783 095738 Depository, the Securities Depository nominee, its participants or persons acting through such participants. While the Securities Depository nominee is the owner of this Bond, notwithstanding the provision hereinabove contained, payments of principal of and interest on this Bond shall be made in accordance with existing arrangements among the City, the Bond Registrar and the Securities Depository. EXCEPT AS OTHERWISE PROVIDED IN THE RESOLUTION, THIS GLOBAL BOND MAY BE•TNSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMfItEt OF et fMcCESSOR SECURITIES DEPOSITORY. The Bonds are issued in fully registered •••••• form in the dendntiyafion of$5,000 or any integral multiple thereof This Bond may be exchanged at the office.af4e Bord Registrar for a like aggregate principal amount of Bonds of the same maturity of other ••••I authority •deno f h ibns upon the terms provided in the Resolution. • • • • • •The Cit2 apd the Bond Registrar may deem and treat the registered owner hereof as the absolute owncflttteof for'pufposes of receiving payment of or on account of principal hereof and interest due hereod and for all other purposes and neither the City nor the Bond Registrar shall be affected by any noticcrtle contrary. This Bond is transferable by the registered owner hereof in person or by the registered owner's agent duly authorized in writing, at the office of the Bond Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution and upon surrender and cancellation of this Bond. The City shall pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks. The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date or Bonds which have been called for redemption in accordance with Article III of the Resolution. IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the state of Kansas, and that the total indebtedness of the City, including this series of bonds, does not exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar. 3 011183 095139 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk,and its corporate seal to be affixed hereto or imprinted hereon, and this Bond to be dated the Dated Date shown above. ••> '. CITY OF SALINA, KANSAS • i te7o ' .... ••,',,.;,,: t ii��Mayor�` / • • ATTEST: • •.. By r/ •• •• • •*Clerk • • • CERTIFICATE OF AUTHENTICATION AND REGISTRATION This Bond is one of a series of General Obligation Internal Improvement Bonds, Series 2007-A, of the City of Salina,Kansas,described in the within-mentioned Resolution. Registration Date:JUN 2 7 20137 Office of the State Treasurer, Topeka, Kansas as Bond Registrar and Paying Agent By: Registration Number: 0322-085-061507-487 4 p g�1gp 011193 • BOND ASSIGNMENT FOR VALUE RECEIVED,the undersigned do(es)hereby sell,assign and transfer to .. • • • • • •• (Name and Address) . • •••. • • • • • •••• (Social Security or Taxpayer Identification No.)• •••• •• the Bond to wind;tht assignment is affixed in the outstanding principal amount of $ standitig tp the name of the undersigned on the books of the Bond Registrar. The undersigned do(es) hereb35rrey ocably constitute and appoint as agent to transfer said Bond on the Woks: of said Bond Registrar with full power of substitution in the premises. Dated Name Social Security or Taxpayer Identification No. Signature (Sign here exactly as name(s) appear on the face of Certificate) Signature guarantee: By [Name of Eligible Guarantor Institution as defined by SEC Rule 17ad-15 (12CFR 240.17 Ad-15) or any similar rule which the Note Registrar deems applicable] 5 • 071783093711 CERTIFICATE OF CITY CLERK STATE OF KANSAS ) ) SS. COUITEOF SALINE ) •:rare unpettgried, City Clerk of Salina, Kansas, hereby certify that the within Bond has been •••••duly registered in my tiffice according to law as of June n, 2007.• • ,,W,l'I'NES3 hlrhand and official seal. • •• ;gat. t. isw, „.4 Clerk CERTIFICATE OF STATE TREASURER OFFICE OF THE TREASURER, STATE OF KANSAS I, LYNN JENKINS, Treasurer of the State of Kansas, do hereby certify that a transcript of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on JUN 2 7 2007 . WITNESS my hand and official seal. (Seal) 40h-rt. • Treasurer of the State of Kansas 6 . . 01118~p • LEGAL OPINION • •, L„Qre undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the following is a true and correct copy of the approving legal opinion of Gilmore & Bell, a Professional Corporation, ••• Attorneys at Law?Kansas City, Missouri, on the within Bond and the series of which it is a part, except • •that it omits the(latest such opinion; that the opinion was manually executed and was dated and issued as .of the dale of delivery of and payment for the Bonds and is on file in my office. . • • • .. . •. . • • •• • ! r/ • By Clerk • • Governing Body George K. Baum&Co. City of Salina,Kansas Kansas City, Missouri Re: $6,545,000 General Obligation Internal Improvement Bonds, Series 2007-A, of the City of Salina, Kansas,Dated June 15, 2007 We have acted as Bond Counsel in connection with the issuance by the City of Salina, Kansas (the "Issuer"), of the above-captioned bonds (the "Bonds"). Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the resolution adopted by the governing body of the Issuer prescribing the details of the Bonds. We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The Bonds are valid and legally binding general obligations of the Issuer, payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal,within the territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property,real and personal,within the territorial limits of the Issuer. • 2. The interest on the Bonds (including any original issue discount properly allocable to an owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on 7 . 011183pg� . . . . • • corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. The opinions set forth in this paragraph are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may•Thun the inclusion of interest on the Bonds in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The Bonds have not been designated as "qualified tax- exeit4it bligaticros'+fir purposes of Section 265(b) of the Code. We express no opinion regarding other • federabtax consegveyCes arising with respect to the Bonds. • • • ••3�. helititerest on the Bonds is excluded from computation of Kansas adjusted gross•• incotgq,..• • •••Whave•no•been engaged nor have we undertaken to review the accuracy, completeness or sufficreltby of the Official Statement or other offering material relating to the Bonds (except to the extent, if any:staid in the Official Statement) and we express no opinion relating thereto (excepting only the matters set forth as our opinion in the Official Statement). The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent applicable and their enforcement may be subject to the exercise of judicial discretion in appropriate cases. GILMORE &BELL,P.C. 8 • e LP 0 Z v W 0 0 A Z �0 N Z m n z C -I 1 : .r'J •LAP 00tTllr;.: cy a:t }r:+...r•aM.2 JY " , t`JOW Y r7tl tt CO ]9i.i L 07178iW 9 t water �he�T, Pilaw Y eegiat:atIon of traas:a" exchange OT ,- .'7ruatrSt, czaTJ, i a x cc, s: c rr is the came of Cede & Co and nay „ ^ r. PLEDGE OR nfHIsii USE HEREO: u�A�I ��t7LL ace the regraTeleu ow VUj 11 N s �TLM"6IH�)�W1ST PROVIDF,D IN THE RESOLUTION (DESCRIBED n F&R61P'T',rTffiS GLOBAL BOND MAY BE TRANSFERRED, IN WHOLE BUT I NOT IN PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY (DESCRIBED HEREIN) OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. REGISTERED REGISTERED NUMBER R -3 $365,000.00 UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE (CITY OF SA_LM , GENERAL OBLIGATION INTERNAL IMP OVEMENT BOND .... SERIES;2=A —f Interest Maturity DatedUSIP'�,,,• Rate: 4.500% Date: October 1, 2010 Date: June 15, 2007 "• 0474 L71 REGISTERED OWNER: CEDE & CO. ' PRINCIPAL AMOUNT: THREE HUNDRED SIXTY- -FNE THOUSAND DOLLARS .... KNOW ALL PERSONS BY THESE PRESENTS: That the City of Salina, in the County of Saline, State of Kansas (the "City"), for value received, hereby acknowledges itself to be indebted and promises to pay to the registered owner identified above, or registered assigns, as of the Record Dates as hereinafter provided on the Maturity Date identified above, the Principal Amount identified above, and in like manner to pay interest on such Principal Amount from the Dated Date shown above or from the most recent interest payment date to which interest has been paid or duly provided for at the rate of interest per annum set forth above (computed on the basis of a 360 -day year of twelve 30 -day months), semiannually on April 1 and October 1 of each year, commencing April 1, 2008 (the "Interest Payment Dates "), until the Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment as hereinafter set forth. The principal of, premium, if any, and interest on this Bond shall be payable by the State I Treasurer of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar "). The principal of and any premium on this Bond shall be payable to the registered owner hereof upon presentation of this Bond at the maturity or redemption date to the Paying Agent for payment and cancellation. The interest payable on this Bond shall be paid by the Paying Agent to the Registered Owner hereof at the address appearing on the registration books of the City maintained by the Bond Registrar or at such other address provided in writing by the Registered Owner to the Bond Registrar at the close of business on the fifteenth day of the month preceding the interest payment date (the "Record Date "). The principal, premium, if any, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof, is legal tender for the payment of debts due the United States of America. The Bonds constitute general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements, and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate : 071783095721 • or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due. This Bond is one of an authorized series of Bonds of the City designated "General Obligation Internal Improvement Bonds, Series 2007 -A," in an aggregate principal amount of $6,545,000 (the "Bonds ") issued for the purposes set forth in the Ordinance of the City authorizing the issuance of the Bonds and the Resolution of the City prescribing the form and details of the Bonds (jointly, the "Resolution "). The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the state of Kansas, including, without limitation, K.S.A. 10 -101 et seq., K.S.A. 12 -685 et seq., and K.S.A. 12 -6a01 et seq., all as amended and supplemented. At the option of the City, Bonds maturing on October 1, 2018, and thereafter may be ca'11od for redemption and payment prior to maturity on October 1, 2017 and thereafter, in hgl4or in patt at any y time (the maturities and principal amounts of Bonds of each maturity to be redeemed gill be 4edermined ' by the City) at the redemption price of 100% (expressed as a percentage of the prylclral arna3at; plus : *: . accrued interest thereon to the date of redemption. .. ...... ...... .... ....... Bonds maturing on October 1 in the year 2027 are subject to mandatory redcgl l ion ar>itpgyment ' prior to maturity pursuant to the mandatory redemption requirements of the Bond Resolution %a Wtober 1; 2024 and on each October 1 thereafter prior to maturity, at a redemption price equal to L00* pf the principal amount thereof, plus accrued interest thereon to the redemption date. "' Unless waived by any owner of the Bonds to be redeemed, if the City elects to call any Bonds for redemption and payment prior to maturity, the City or the Bond Registrar and Paying Agent on behalf of the City shall give written notice of its intention to call and pay such Bonds on a specified date, the same being described by maturity, such notice to be mailed by United States first class mail addressed to the Owners of the Bonds not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment shall cease to bear interest from the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified above. The Bonds are being issued by means of a book -entry system with no physical distribution of bond certificates to be made except as provided in the Resolution. One Bond certificate with respect to each date on which the Bonds are stated to mature, registered in the nominee name of the Securities Depository, is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book -entry system will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers of ownership shall be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants. The City, the Bond Registrar and the Paying Agent will recognize the Securities Depository nominee, while the registered owner of this Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption premium, if any, and interest on, this Bond, (ii) notices and (iii) voting. Transfers of principal, interest and any redemption premium payments to participants of the Securities Depository, and transfers of principal, interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. . The City, the Bond Registrar and the Paying Agent will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by the Securities 2 071783 095722 • Depository, the Securities Depository nominee, its participants or persons acting through such participants. While the Securities Depository nominee is the owner of this Bond, notwithstanding the provision hereinabove contained, payments of principal of and interest on this Bond shall be made in accordance with existing arrangements among the City, the Bond Registrar and the Securities Depository. EXCEPT AS OTHERWISE PROVIDED IN THE RESOLUTION, THIS GLOBAL BOND MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. The Bonds are issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. This Bond may be exchanged at the office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations upon the terms provided in the Resolution. The City and the Bond Registrar may deem and treat the registered owner hereof as We absolute owner hereof for purposes of receiving payment of or on account of principal bereot and interest due- hereon and for all other purposes and neither the City nor the Bond Registrar sh'afl bt affectedby any notice to the contrary. i '.,..' "'•' . ...... ...... This Bond is transferable by the registered owner hereof in person or bytke•registeied owner's...... agent duly authorized in writing, at the office of the Bond Registrar, but only in t1i.wAirer, sut cj to the limitations and upon payment of the charges provided in the Resolution and upon sufrA&T and cancellation of this Bond. The City shall pay all costs incurred in connection with the issuanpe ,- payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks. • • The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date or Bonds which have been called for redemption in accordance with Article III of the Resolution. • IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the state of Kansas, and that the total indebtedness of the City, including this series of bonds, does not exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar. 3 0717 83 0957 23 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or • facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, and its corporate seal to be affixed hereto or imprinted hereon, and this Bond to be dated the Dated Date shown above. • F-1 L (P ATTEST: By �( Clerk CITY OF SALINA, KANSAS '�'/VA q Mayor .... . ...... ..... . :..... ...... CERTIFICATE OF AUTHENTICATION AND REGISTRATION' This Bond is one of a series of General Obligation Internal Improvement Bonds, Ser ,2907 -A, of the City of Salina, Kansas, described in the within- mentioned Resolution. Registration Date: JUN 2 7 2007 Registration Number: 0322 -085 - 061507487 Office of the State Treasurer, Topeka, Kansas as Bond Registrar and Paying Agent BY� /� IiJCl/Knt� 0 071783 095724 BOND ASSIGNMENT FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer to (Name and Address) (Social Security or Taxpayer Identification No.) , the Bond to which this assignment is affixed in the outstanding principal amount of $ .•.••. standing in the name of the undersigned on the books of the Bond Registrar. 'FL4%dersigne8'do(es)...... hereby irrevocably constitute and appoint as agent td transfer saj�,�pnd on the books of said Bond Registrar with full power of substitution in the psemisA....Dated• . . ...... ...... .... ...... Name .... • Social Security or Taxpayer Identification No. is Signature (Sign here exactly as name(s) appear on the face of Certificate) Signature guarantee: By [Name of Eligible Guarantor Institution as defined by SEC Rule 17ad -15 (12CFR 240.17 Ad -15) or any similar rule which the Note Registrar deems applicable] 5 071783 095725 CERTIFICATE OF CITY CLERK STATE OF KANSAS ) ) SS. COUNTY OF SALINE ) I, the undersigned, .City Clerk of Salina, Kansas, hereby certify that the within Bond has been duly registered in my office according to law as of June �, 2007. WITNESS my hand and official seal. Clerk .... ...... CERTIFICATE OF STATE TREASURER ' OFFICE OF THE TREASURER, STATE OF KANSAS . " "• • I, LYNN JENKINS, Treasurer of the State of Kansas, do hereby certify that a transcript of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on .IIIAI 2 7 WITNESS my hand and official seal. (Seal) • Mo G !4 Treasurer of the State of Kansas 011183 096726 LEGAL OPMON I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the following is a true and correct copy of the approving legal opinion of Gilmore & Bell, a Professional Corporation, Attorneys at Law, Kansas City, Missouri, on the within Bond and the series of which it is a part, except that it omits the date of such opinion; that the opinion was manually executed and was dated and issued as of the date of delivery of and payment for the Bonds and is on file in my office. . By .... Clerfc- .... . ...... ..... . ...... ...... .... ...... Governing Body George K. Baum & Co.* .... • ' City of Salina, Kansas Kansas City, Missouri '..'.' Re: $6,545,000 General Obligation Internal Improvement Bonds, Series 2007- A,•bf� • the City of Salina, Kansas, Dated June 15, 2007 We have acted as Bond Counsel in connection with the issuance by the City of Salina, Kansas (the "Issuer "), of the above - captioned bonds (the "Bonds "). Capitalized terns not otherwise defined herein shall have the meanings ascribed thereto in the resolution adopted by the governing body of the Issuer prescribing the details of the Bonds. We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The Bonds are valid and legally binding general obligations of the Issuer, payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. 2. The interest on the Bonds (including any original issue discount properly allocable to an owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax •preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on 071783 095127 • corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. The opinions set forth in this paragraph are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code "), that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The Bonds have not been designated as "qualified tax - exempt obligations" for purposes of Section 265(b) of the Code. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. 3. The interest on the Bonds is excluded from computation of Kansas adj fisted• gross income. We have not been engaged nor have we undertaken to review the accyfav,.compltteness or sufficiency of the Official Statement or other offering material relating to the Bonds (except to th8 extent, • „• if any, stated in the Official Statement and we express no opinion relating thereto a ce tie •on }y the..... Y ) P P g (� P $,,, matters set forth as our opinion in the Official Statement). ...... . . ...... ...... The rights of the owners of the Bonds and the enforceability therP,iif may be subject to••• *•• bankruptcy, insolvency, reorganization, moratorium and other similar laws affeciirig creditors "rights heretofore or hereafter enacted to the extent applicable and their enforcement may be subi W to the exercise ofjudicial discretion in appropriate cases. •,,,,• • GILMORE & BELL, P.C. Cl fe ✓r au 'u +sil , u�s.aea omT rr Y• Pety � aG Y+ k t ]�pd'+ tfpn oI izau #ec exc h nv;e • F • _ via(! �o 1 tII tAyyU�n'�e of Ced Lc :.St�•J �w.l. ,. .. PLEDGE t.~.Ik O't'1'{ Pa C wn o c1f1TP.9 owns og�D,8TttA13C4JV fRWfst NOIR ED IN THE RESOLUTION (DESCRIBED UREIN)p -THIS GLOBAL BONA MNY, BE TRANSFER"j), IN WHOLE BUT NOT IN PART, ONLY TO ANOTQER NOMI,q-]E$ OF ;TH$ SECURITIES DEPOSITORY (DESCRIBED HERE13) 09 TO •R W4CChi9Ok• SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. ... . if .. .. REGISTERED • „• REGISTERED NUMBER R-4 $365,000.00 UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE rCITY'OE SALINA—, GENERAL OBLIGATION INTERNAL IMPROVEMENT BOND SERIES 2007 -A Interest Maturity Dated CUSIP: Rate: 4.250% Date: October 1, 2011 Date: June 15, 2007 794743 L85 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THREE HUNDRED SIXTY -FIVE THOUSAND DOLLARS KNOW ALL PERSONS BY THESE PRESENTS: That the City of Salina, in the County of Saline, State of Kansas (the "City"), for value received, hereby acknowledges itself to be indebted and Promises to pay to the registered owner identified above, or registered assigns, as of the Record Dates as hereinafter provided on the Maturity Date identified above, the Principal Amount identified above, and in like manner to pay interest on such Principal Amount from the Dated Date shown above or from the most recent interest payment date to which interest has been paid or duly provided for at the rate of interest per annum set forth above (computed on the basis of a 360 -day year of twelve 30 -day months), semiannually on April 1 and October 1 of each year, commencing April 1, 2008 (the "Interest Payment Dates "), until the Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment as hereinafter set forth. The principal of, premium, if any, and interest on this Bond shall be payable by the State Treasurer of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar "). The principal of and any premium on this Bond shall be payable to the registered owner hereof upon presentation of this Bond at the maturity or redemption date to the Paying Agent for payment and cancellation. The interest payable on this Bond shall be paid by the Paying Agent to the Registered Owner hereof at the address appearing on the registration books of the City maintained by the Bond Registrar or at such other address provided in writing by the Registered Owner to the Bond Registrar at the close of business on the fifteenth day of the month preceding the interest payment date (the "Record Date "). The principal, premium, if any, and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof, is legal tender for the payment of debts due the United States of America. The Bonds constitute general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements, and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate 071783 095729 or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City area rrevocably- 41gted for.-the payment of the principal of and interest on this Bond and the issue of which itjs a:pgrt as:tl ;- s3me res�ectiLely become due. .:. 14. ... ... This Bond is one of an authorized series of Bonds of the City designated "General Obligation Internal Improvement Bonds, Series 2007 -A," in an a4wega a principal amount of $6,545,000 (the "Bonds ") issued for the purposes set forth in the Ordinance of�the pity authorizing the issuance of the Bonds and the Resolution of the City prescribing the .;orm: and* details of the Bonds (jointly, the "Resolution "). The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the state of Kansas, including, without limitation, K.S.A. 10 -101 et seq., K.S.A. 12 -685 et seq., and K.S.A. 12 -6a01 et seq., all as amended and supplemented. At the option of the City, Bonds maturing on October 1, 2018, and thereafter may be called for redemption and payment prior to maturity on October 1, 2017 and thereafter, in whole or in part at any time (the maturities and principal amounts of Bonds of each maturity to be redeemed will be determined by the City) at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest thereon to the date of redemption. Bonds maturing on October 1 in the year 2027 are subject to mandatory redemption and payment prior to maturity pursuant to the mandatory redemption requirements of the Bond Resolution on October 1, 2024 and on each October 1 thereafter prior to maturity, at a redemption price equal to 100% of the principal amount thereof, plus accrued interest thereon to the redemption date. Unless waived by any owner of the Bonds to be redeemed, if the City elects to call any Bonds for redemption and payment prior to maturity, the City or the Bond Registrar and Paying Agent on behalf of the City shall give written notice of its intention to call and pay such Bonds on a specified date, the same being described by maturity, such notice to be mailed by United States first class mail addressed to the Owners of the Bonds not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment shall cease to bear interest from the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified above. The Bonds are being issued by means of a book -entry system with no physical distribution of bond certificates to be made except as provided in the Resolution. One Bond certificate with respect to each date on which the Bonds are stated to mature, registered in the nominee name of the Securities Depository, is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book -entry system will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers of ownership shall be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants. The City, the Bond Registrar and the Paying Agent will recognize the Securities Depository nominee, while the registered owner of this Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption premium, if any, and interest on, this Bond, (ii) notices and (iii) voting. Transfers of principal, interest and any redemption premium payments to participants.of the Securities Depository, and transfers of principal, interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The City, the Bond Registrar and the Paying Agent will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by the Securities 2 071783 095730 Depository, the Securities Depository nominee, its participants or persons acting through such participants. While the Securities Depository nomine a is the ovmer ofKhig pond, notwithstanding the provision hereinabove contained, payments of ptinc=p$1 bf :ajd ihtefest:on this Bond shall be made in accordance with existing arrangements among the:Gityr the Bond RagistraterJtbe Securities Depository. EXCEPT AS OTHERWISE PROVIDED IN THEXES�7LJJTIQN, THIS GLOBAL BOND MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PAAT -, ONIY•Y T� jNOTHER NOMINEE OF THE SECURITIES DEPOSITORY OR TO A SUCCESSQF SWUR"MS DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. The Bonds are issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. This Bond may be exchanged at the office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations upon the terms provided in the Resolution. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for purposes of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. This Bond is transferable by the registered owner hereof in person or by the registered owner's agent duly authorized in writing, at the office of the Bond Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution and upon surrender and cancellation of this Bond. The City shall pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks. The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date or Bonds which have been called for redemption in accordance with Article III of the Resolution. IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the state of Kansas, and that the total indebtedness of the City, including this series of bonds, does not exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar. 071783095731 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor and attested by the mapual or facs� rile signature of its City Clerk, and its corporate seal to be affixed hereto or imprinted hete*,:artd ihL Mud tole Mted the Dated Date shown above. : : : : : A. rfi'car - .: ATTEST: By Clerk CITY OF SALINA, KANSAS t Mayor CERTIFICATE OF AUTHENTICATION AND REGISTRATION This Bond is one of a series of General Obligation Internal Improvement Bonds, Series 2007 -A, of the City of Salina, Kansas, described in the within - mentioned Resolution. Registration Date: JUN 2 7 2007 Office of the State Treasurer, Topeka, Kansas as Bond Registrar and Paying Agent Br Registration Number: 0322- 085- 061507 -487 011183 pg BOND IS[Gjl�NT •: FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer to ... ..... .. (Name and Ad jtdss) (Social Security or Taxpayer Identification No.) the Bond to which this assignment is affixed in the outstanding principal amount of $ standing in the name of the undersigned on the books of the Bond Registrar. The undersigned do(es) hereby irrevocably constitute and appoint as agent to transfer said Bond on the books of said Bond Registrar with full power of substitution in the premises. Dated Name Social Security or Taxpayer Identification No. Signature (Sign here exactly as name(s) appear on the face of Certificate) Signature guarantee: [Name of Eligible Guarantor Institution as defined by SEC Rule 17ad -15 (12CFR 240.17 Ad -15) or any similar rule which the Note Registrar deems applicable] 5 011183 095133 .. .. .... .: .. CERTIFICAA (SF:CnC� LERIC STATE OF KANSAS ) SS. ... ..... .. COUNTY OF SALINE ) I, the undersigned, City Clerk of Salina, Kansas, hereby certify that the within Bond has been duly registered in my office according to law as of June 2007. WITNESS my hand and official seal. mho ° (@ Clerk CERTIFICATE OF STATE TREASURER OFFICE OF THE TREASURER, STATE OF KANSAS I, LYNN JENKINS, Treasurer of the State of Kansas, do hereby certify that a transcript.of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on JU N 2 7 20u' WITNESS my hand and official seal. (Seal) M Treasurer 4ofeState of Kansas 071783 095734 .::..:... . LEG'RLOPINIOIV . ... ..... .. I, the undersigned, City Clerk of the City of S llinvy Kansas: he jeby certify that the following is a true and correct copy of the approving legal opinion Gf Gilrhore Rl Bell, a Professional Corporation, Attorneys at Law, Kansas City, Missouri, on the within Bond and the series of which it is a part, except that it omits the date of such opinion; that the opinion was manually executed and was dated and issued as of the date of delivery of and payment for the Bonds and is on file in my office. Governing Body City of Salina, Kansas By Clerk George K. Baum & Co. Kansas City, Missouri Re: $6,545,000 General Obligation Internal Improvement Bonds, Series 2007 -A, of the City of Salina, Kansas, Dated June 15, 2007 We have acted as Bond Counsel in connection with the issuance by the City of Salina, Kansas (the "Issuer "), of the above - captioned bonds (the "Bonds "). Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the resolution adopted by the governing body of the Issuer prescribing the details of the Bonds. We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The Bonds are valid and legally binding general obligations of the Issuer, payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. The balance.of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. 2. The interest on the Bonds (including any original issue discount properly allocable to an owner thereof) is excluded from gross income for federal income tax purposes and is not an item . of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on 7 011183 095735 , ... ....... corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. Tine g1:ini9n4 set,fprU in t44 pyjagraph are subject to the condition that the Issuer comply with all requirententl df thalr:ternal keuenuc;Code of 1986, as amended (the "Code "), that must be satisfied subsequent 4the issuance of the Bonds !;*order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Fails" t000rnplywyith certain of such requirements may cause the inclusion of interest on the Bonds in gtpss Qrcorye rpr federal income tax purposes retroactive to the date of issuance of the Bonds. The goads hale not been designated as "qualified tax - exempt obligations" for purposes of Section 265(b) of the Code. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. 3. The interest on the Bonds is excluded from computation of Kansas adjusted gross income. We have not been engaged nor have we undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds (except to the extent, if any, stated in the Official Statement) and we express no opinion relating thereto (excepting only the matters set forth as our opinion in the Official Statement). The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent applicable and their enforcement may be subject to the exercise of judicial discretion in appropriate cases. GILMORE & BELL, P.C. E3 0 z Q area o; se uo!lel!ua?l lnoq;lm palnal aq Cew golgM Saxe; uiaaolen pe cuoa3 alge Ced s? spuog aql uo lsaaa;u! m pue Iudlouud aql 3o aoueleq aqy 'X110 aql 3o smug leuolwa; aq; u?q;?M Ieuosiad pue Ieaa XIndoid alq!0uul algexel aq1 Qe uodn;unowe io a;ei o;se uoneuunl inogl!m pa?AoI aq view golgm Saxe;w01018A pe H woa3 `pled os lou Jl `pue `sluawanoidwl uleu30 jo uoilon.gsuoo aqI ,Cq palgauaq faaadoid agI uodn palnal sluauwssosse le?oods wog lied ul lsamajui pue ledlouud qloq of se a1ge,Ced X1l0 oq;3o suo?;dllgo luauaR V a;nl!lsuoo spuog all 'eouawV 3o sawlS Pal!ufl aql anp s;gap 3o luaw,Ced 3 q ao3 aapuol IeBaI s? `3o3aagl V luaw,Ced 3o salep anlloodsaa oqi uo `golgm Xoua.uno to idol Cue ui alge,iud oq Ilegs spuog aq; uo lsaIalu! z W pue Xue 3! `wnlwazd `Ied?ouud oqy -(„aIe( pz000g„ oqI) alup luow,(ud Isaaalul aqi Ouipaoaid q;uoui oql ” Q Cl) 3o step q;uaagg aq; uo ssouisn43o asolo aql IL auzlsl2au puog oq; of num0 p3jalsl83g oql ,Cq 8utium u! , f— } pap!Aoid ssoippe laglo qons le io luils?Sa-d puog aql ,Cq paulelulew tUo 3g13o s)looq uolluaislAaa aql uo 0 CC Ouurmdde ssaappe aqi le3oaiaq Kaum0 p313IS123U OT 01 ;uaSV Sulied aqi Xq p!ed oq Ilegs puog slgl uo d algm ud lsaaalu? oqy 'uotIellaoum pue Iua uXed ao3 luaRV guiXud oqI 01 3113p uo?ldwapoi to/Cluglew�ql lu Z puog s?q1 Jo uolleluasoid uodn 3oaa3q loumo poialslga.� aql o; alge,Ced aq llegs puog slgl uo wi=;?jti•,Cuv. w pue 3o Iedlauud aqs '(„ieals1$32I PuOg„ pue ,Iu39V Bul,Ced„ aqI) sesue)l `godoL `sesueN 30 AauiseaaL Y alelS aqI dq alquXrd aq 11egs puog slgl uo Isolou? puu `,Cue 3? `umlwaad `3o.rec4%ud oqr•• •••••� m 'quo}las laijeul'inq s 4i m Sed ..... pue uolldwapw lo3 pafluo dlsnolAaad uaaq aneq 11egs puog sigl ssalun `p!ed sl•iuriowV le u?kI aqI # . C Iqun `(„sale( luaw�Ced isaia;ul„ aqi) 800Z `I I!adV flumuawwoo `leaf goea,Io I ngpj�0 pue�\joa. uo ••.... ...... z ,Cllenuuelwas `(sgluow.Cep-0£ an1aM)3o Jea,C Cep-09£ e3o slseq agl uo palndw0a}aAogj glio3 ;astunuue Q gad lsaiaau!3o ole.i aql le zo3 pap!Aoid,Clnp io p!ud uaaq seq Isaaalui go?gnk of alep luaunCed Isolator j.aaaa m Isow aql waj 10 anoge umogs ale( pale( oql uloa3 IunowV led?auud.ggns uo isoialu? Cud of.alp uew 31!l ui pue `anoge pag!luap! IunowV Iedlauud oql `anoge pagquop! aIe(,C;unleW aql uo p3p!Aoad•j.)V44aiaq , se sale( piooau og13o se `suglsse paaa;slOOJ So `anoqu poglluap!aaumo panlsl2ai aqI of ,Ced of saslwoad pup palgapul aq of 313si? s32paIAwu3joe ,Cgaaaq `paA13031 anleA ao3 `( C110„ aql) sesue)l 3o 31e1S `augeS 3o ,ClunoO aql ul `eu?IeS 3o Cl!0 agi leg1, :S.LN1S91Id 1SHH1 Ag SNOSNad TIV MON)I SdV'1'I0((NVSf10H1ALXIS CIMKINfIH 112IH1 :1Ma0WV'IVdI3NRId '00 w 4cm :N3NMO GMELLSIOTZI LZIN £bLb6L LOOZ`SI aunp :ale( £IOZ `I i3golo0 :ale( %OSZ'b :QMd dlSflO Pale( kl!anlLW Isanlul V-LOOZ RIMS (NOg.LN1WRA01IdW1 IVN2I91NI M0I.LV9F1EI0'IV'dFIK10 VNPIVS 10 A.LIO HN IVS 10 A LNMOD SVSNVN 10 g LV.LS V0I2I2lWV 10 S1.LV,LS (11INn 00'000`09£S 9-2I 2IH9 W f1N (d2Id.LSIDg2I GME LSIDUN 'AIIO,LISOdH( SHI. MC10dS HOSS303f1S V 10 HHNIWON V 01 NO AHO1ISOd3Q S31.LIHfIOdS HOSSH33f1S V OZ HO (N113N3-H (dWHOSd(1) AIIO.LISOd3( SailiNf10gS M L 30 ddNIWON HaHLONV OL A'INO `LiIVd' AII ty0 1` 1f18 31OHM Ni ` "PlimddSNVHJI ag AVLIJ 1IILj�`(Alld?I�H.'1 uagRIO Td Affi-�NI (1 QIAOX a j-AN HLO SvrLdHOXfAl c , I 011183 095745 or amount upon all the taxable tangible property,,Teal and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due. This Bond is one of an authorized series of Bonds of the City designated "General Obligation Internal Improvement Bonds, Series 2007-A," in an aggregate principal amount of $6,545,000 (the "Bonds") issued for the purposes set forth in the Ordinance of the City authorizing the issuance of the Bonds and the Resolution of the City prescribing the form and details of the Bonds (jointly, the "Resolution"). The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the state of Kansas, including, without limitation, K.S.A. 10-101 et seq., K.S.A. 12-685 et seq., and K.S.A. 12-6a01 et seq., all as amended and supplemented. At the option of the City, Bonds maturing on October 1, 2018, and thereafter may be called for redemption and payment prior to maturity on October 1, 2017 and thereafter, in whole or in part at any time (the maturities and principal amounts of Bonds of each maturity to be redeemed will be determined by the City) at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest thereon to the date of redemption. Bonds maturing on October 1 in the year 2027 are subject to mandatory redemption and payment prior to maturity pursuant to the mandatory redemption requirements of the Bond Resolution on October 1; 2024 and on each October 1 thereafter prior to maturity, at a redemption price equal to 100% of the principal amount thereof, plus accrued interest thereon to the redemption date. i Unless waived by any owner of the Bonds to be redeemed, if the City elects to call any Bonds for redemption and payment prior to maturity, the City or the Bond Registrar and Paying Agent on behalf of the City shall give written notice of its intention to call and pay such Bonds on a specified date, the same being=described by maturity, such notice to be mailed by United States first class mail addressed to the Owners,of the Bonds not less than 30 days prior to the date fixed for redemption. All Bonds so called for c c o redemptiorf and payrncpt shall cease to bear interest from the date for which such call is made, provided "funds are availabfe,for.ihe payment of such Bonds at the price specified above. °�R die Bonds are being issued by means of a book-entry system with no physical distribution of �bond'cEr,ificates`to be made except as provided in the Resolution. One Bond certificate with respect to each date on w4icii the Bonds are stated to mature, registered in the nominee name of the Securities Depcsifory; is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system will evidence positions held in the Bonds by.the Securities Deposifdry`s participants, beneficial ownership of the Bonds in authorized denominations being I evidenced in the records of such participants. Transfers of ownership shall be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants. The City, the Bond Registrar and the Paying Agent will recognize the Securities Depository nominee, while the.registered owner of this Bond, as the owner of this Bond for all purposes, including (i) payments of principal of and redemption premium, if any, and interest on, this Bond, (ii)notices and (iii) voting. Transfers of principal, interest and any redemption premium payments to participants of the Securities Depository, and transfers of principal, interest and any 'I redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The City, the Bond Registrar and the Paying Agent will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by the Securities 2 717A o O C , O 1 1 1 V� • •• • • p. corporations (as defined for federal in-tome tax purposes), such interest is taken into account in determining adjusted current eamings. - The opinions set .forth-in-this paragraph are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause the inclusion of interest on the.- onds in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The Bonds have not been designated as "qualified tax- ' exempt obligations" for purposes of Section 265(b) of the Code. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. 3. The interest on the Bonds is excluded from computation of Kansas adjusted gross income. We have not been engaged nor have we undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds (except to the extent, if any, stated in the Official Statement) and we express no opinion relating thereto (excepting only the matters set forth as our opinion in the Official Statement). The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent applicable and their enforcement may be subject to the exercise of judicial discretion in appropriate cases. GILMORE & BELL,P.C. ..... ...... r 8 awe to paanoaisa by an author tea mpremtttnuve of The Dep:u..: :35 Water Street New Yorks New York) to 1t_.o issuer or 3L r - v i •- •• •• �glttfmi oa rst hen fur, axrc:: s;: ,�.r a.wa an. • ... . - _ •.-• • • • � the num.:: of 0413` &CJ C' � c•.° �.a�i�t!_jg.r�r _a-._ - __ ••• ••• • • • 1 PLEDGE OR O ER USE [[e.t.i rt•[t :Ct .GL Litt L'S2jci-:'!.`::L .1 LA 0. Eari • • • •• y471 °'.Yti�T ii` tiTD r)T.1.avrR .._ 1•—��r?- s R.,..f I T _ 'Ty- EXCEPT AS'OTH) R�'ISE PRO\1ID ;D'IN THE'72ESOLUTIO\ (DESCRIBED 1 HEREIN), THIS GLOBAL BOND'MAY BE TRANSFERRED, IX WHOLE.'WE NOT IN PART, ONLY TO ANOTHER NOMINEE OF THIS St(IJR1T ES :••• DEPOSITORY (DESCRIBED HEREIN) OR TO A SUCCESSOR•SECURITIE4• • • DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. ••• •A•• •• • • • •• • • REGISTERED •••.REGISTERED NUMBER R-7 $360,000.00 UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CCITY-OF'SACINA GENERAL OBLIGATION INTERNAL IMPROVEMENT BOND SERIES 2007-A Interest Maturity Dated CUSIP: Rate: 4.250% Date: October 1, 2014 Date: June 15, 2007 794743 M35 REGISTERED OWNER: CEDE&CO. PRINCIPAL AMOUNT: THREE HUNDRED SIXTY THOUSAND DOLLARS KNOW ALL PERSONS BY THESE PRESENTS: That the City of Salina, in the County of N W Saline, State of Kansas (the "City"), for value received, hereby acknowledges itself to be indebted and 0 promises to pay to the registered owner identified above, or registered assigns, as of the Record Dates as C hereinafter provided on the Maturity Date identified above, the Principal Amount identified above, and in like manner to pay interest on such Principal Amount from the Dated Date shown above or from the most op recent interest payment date to which interest has been paid or duly provided for at the rate of interest per 0 annum set forth above (computed on the basis of a 360-day year of twelve 30-day months), semiannually 0 on April 1 and October 1 of each year, commencing April 1, 2008 (the "Interest Payment Dates"), until 7 the Principal Amount is paid, unless this Bond shall have been previously called for redemption and m - payment as hereinafter set forth. - Z • —I 0 The principal of, premium, if any, and interest on this Bond shall be payable by the State - 1 Treasurer of Kansas, Topeka, Kansas (the "Paying Agent" and "Bond Registrar"). The principal of and N D any premium on this Bond shall be payable to the registered owner hereof upon presentation of this Bond Z at the maturity or redemption date to the Paying Agent for payment and cancellation. The interest payable 0 -1 on this Bond shall be paid by the Paying Agent to the Registered Owner hereof at the address appearing C on the registration books of the City maintained by the Bond Registrar or at such other address provided in writing by the Registered Owner to the Bond Registrar at the close of business on the fifteenth day of a the month preceding the interest payment date (the "Record Date"). The principal, premium, if any, and •c interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof, is legal tender for the payment of debts due the United States of America. The Bonds constitute W general obligations of the City payable as to both principal and interest in part from special assessments Z levied upon the property benefited by the construction of certain improvements, and, if not so paid, from p ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem takes which may be levied without limitation as to rate _ ,S• • . • — a 071783 095153 • • .• • • • • • • • • • or amount upon all the taxable tangible prpperty, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are irrevocably pledged for the:pawhent oPthe•principd1 o= and interest on this Bond and the issue of which it is a part as the same respectively. pecoin4due. • : :•: ... . • ••• ••• • This Bond is one of an authorized series of Bonds of the City designated "General Obligation Internal Improvement Bonds, Series 2007-A," in an aggregate principal amount•of Sii.i45,000 (the "Bonds") issued for the purposes set forth in the Ordinance of the City authorizing¶be is$uanee df the Bonds and the Resolution of the City prescribing the form and details of the•Bond.$ (jointly the "Resolution"). The Bonds are issued by the authority of and in full compliance with the provisions, restrictions and limitations of the Constitution and laws of the state of Kansas, including, without limitation, K.S.A. 10-101 et seq., K.S.A. 12-685 et seq., and K.S.A. 12-6a01 et seq., all as amended and supplemented. At the option of the City, Bonds maturing on October 1, 2018, and thereafter may be called for redemption and payment prior to maturity on October. 1, 2017 and thereafter, in whole or in part at any time (the maturities and principal amounts of Bonds of each maturity to be redeemed will be determined by the City) at the redemption price of 100% (expressed as a percentage of the principal amount), plus accrued interest thereon to the date of redemption. Bonds maturing on October 1 in the year 2027 are subject to mandatory redemption and payment prior to maturity pursuant to the mandatory redemption requirements of the Bond Resolution on October 1; 2024 and on each October 1 thereafter prior to maturity, at a redemption price equal to 100% of the • principal amount thereof, plus accrued interest thereon to the redemption date. Unless waived by any owner of the Bonds to be redeemed, if the City elects to call any Bonds for • redemption and payment prior to maturity, the City or the Bond Registrar and Paying Agent on behalf of the City shall give written notice of its intention to call and pay such Bonds on a specified date, the same being described by maturity, such notice to be mailed by United States first class mail addressed to the Owners of the Bonds not less than 30 days prior to the date fixed for redemption. All Bonds so called for redemption and payment shall cease to bear interest from the date for which such call is made, provided funds are available for the payment of such Bonds at the price specified above. The Bonds are being issued by means of a book-entry system with no physical distribution of bond certificates to be made except as provided in the Resolution. One Bond certificate with respect to each date on which the Bonds are stated to mature, registered in the nominee name of the Securities Depository, is being issued and required to be deposited with the Securities Depository and immobilized in its custody. The book-entry system will evidence positions held in the Bonds by the Securities Depository's participants, beneficial ownership of the Bonds in authorized denominations being evidenced in the records of such participants. Transfers of ownership shall be effected on the records of the Securities Depository and its participants pursuant to rules and procedures established by the Securities Depository and its participants. The City, the Bond Registrar and the Paying Agent will recognize the Securities Depository nominee, while the registered owner of this Bond, as the owner of this Bond for all purposes, including (i) payments of principal of, and redemption premium, if any, and interest on, this Bond, (ii)notices and (iii) voting. Transfers of principal, interest and any redemption . premium payments to participants of the Securities Depository, and transfers of principal, interest and any redemption premium payments to beneficial owners of the Bonds by participants of the Securities Depository will be the responsibility of such participants and other nominees of such beneficial owners. The City, the Bond Registrar and the Paying Agent will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by the Securities 2 • •071783 095154 • • .,OOOOO ... . . . Depository, the Securities Depository ,nominee, its participants or persons acting through such •participants. While the Securities Depository nominee is the owner of thi:Botfd, not4ithslandingthd provision hereinabove contained, payments of principal of and interest on fhis:Bond ehtll ‘,e made ii. accordance with existing arrangements among the City, the Bond Registrar attithe'Securities'depository. • EXCEPT AS OTHERWISE PROVIDED IN THE RESOLUTION, THIS GJ.4BAI:,BOI;IDMAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER IVIMINEE PFTHE SECURITIES DEPOSITORY OR TO A SUCCESSOR SECURITIES DEPO'ORI: Oa.2'O A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. The Bonds are issued in fully registered form in the denomination of$5,000 or any integral multiple thereof. This Bond may be exchanged at the office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations upon the terms provided in the Resolution. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for purposes of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. This Bond is transferable by the registered owner hereof in person or by the registered owner's agent duly authorized in writing, at the office of the Bond Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution and upon surrender and cancellation of this Bond. The City shall pay all costs incurred in connection with the issuance, payment and initial registration of the Bonds and the cost of a reasonable supply of bond blanks. The City and the Bond Registrar shall not be required to issue, register, transfer or exchange any Bonds during a period beginning on the day following the Record Date preceding any Interest Payment Date and ending at the close of business on the Interest Payment Date or Bonds which have been called for redemption in accordance with Article III of the Resolution. IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions, and things required to be done and to exist precedent to and in the issuance of this Bond have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the state of Kansas, and that the total indebtedness of the City, including this series of bonds, does not exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been lawfully executed by the Bond Registrar. It Ii 3 • 071783 095755 •• . :. •. •.. . . • • • • IN WITNESS WHEREOF, the City has caused this Bond to be executed by the-manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its Qty Clerk, agd its corporate seal to be affixed hereto or imprinted hereon, and this Bond to be LtJd the Hated bate §flown • • • 1 .• above. .:. ••• • • ..• .•• • CITY OF SALINA, KANSAS �•�� �•• 0 1670 ill Citet/V\ •• Mayor ATTEST: • By Clerk CERTIFICATE OF AUTHENTICATION AND REGISTRATION • This Bond is one of a series of General Obligation Internal Improvement Bonds, Series 2007-A, of the City of Salina, Kansas, described in the within-mentioned Resolution. Registration Date: JUlt 2 7 2517 • Office of the State Treasurer, Topeka, Kansas as Bond Registrar and Paying Agent ByE1/42f-tiny O 1 A-/Q/N/frL.A-_ Registration Number 0322-085-061507-487 • • - - 4 • I � 0111801118-pg- •• •• .•• •• • •• • • • •• BOND ASSIGNMENT • • • • •• •• • • • • • • • ••• • • . • • •• • ••• ••• • FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer to ••• .. .. •• • • • .. • (Name and Address) • (Social Security or Taxpayer Identification No.) the Bond to which this assignment is affixed in the outstanding principal amount of S standing in the name of the undersigned on the books of the Bond Registrar. The undersigned do(es) hereby irrevocably constitute and appoint as agent to transfer said Bond on the books of said Bond Registrar with full power of substitution in the premises. Dated Name Social Security or Taxpayer Identification No. Signature (Sign here exactly as name(s) appear on the face of Certificate) Signature guarantee: By `((( [Name of Eligible Guarantor Institution as defined by SEC Rule 17ad-15 (12CFR 240.17 Ad-15) or any similar rule which the Note Registrar deems • applicable] 5 // 071783 095151 • • ••. ••• • • • • • • ••• ••• •• CERTIFICATE OF CITY CLERK • • • • • • : • •• • • • •• ••• •• • •• STATE OF KANSAS ) ) SS. •• •• •• •• •COUNTY OF SALINE ) ••• • I, the undersigned, City Clerk of Salina, Kansas, hereby certify that the within Bond has been duly registered in my office according to law as of June 71 2007. WITNESS my hand and official seal. Clerk I • CERTIFICATE OF STATE TREASURER OFFICE OF THE TREASURER, STATE OF KANSAS I, LYNN JENKINS, Treasurer of the State of Kansas, do hereby certify that a transcript.of the proceedings leading up to the issuance of this Bond has been filed in my office, and that this Bond was registered in my office according to law on uinm n a rn7 . WITNESS my hand and official seal. _ I (Seal) L"'^""`� • Treasurer of the State of Kansas 1 I 6 . • 071783095158 ' • • , • • • •• . . . . . . . • • • •• • • • . • • • • . .• •• • • • • . ..• . . . LEGAL OPINION ••• ••• • ... •.••• •• • • • • • I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify Mat tha follbw@tg is a true and correct copy of the approving legal opinion of Gilmore & Bell, a Professional Corporation, Attorneys at Law, Kansas City, Missouri, on the within Bond and the series of which it is a part, except that it omits the date of such opinion; that the opinion was manually executed and was dated and issued as of the date of delivery of and payment for the Bonds and is on file in my office. re By I Clerk Governing Body George K. Baum& Co. City of Salina, Kansas Kansas City, Missouri Re: $6,545,000 General Obligation Internal Improvement Bonds, Series 2007-A, of the City of Salina, Kansas, Dated June 15, 2007 We have acted as Bond Counsel in connection with the issuance by the City of Salina, Kansas (the "Issuer"), of the above-captioned bonds (the "Bonds"). Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the resolution adopted by the governing body of the Issuer prescribing the details of the Bonds. We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion, under existing law, as follows: 1. The Bonds are valid and legally binding general obligations of the Issuer, payable as to both principal and interest in part from special assessments levied upon the property benefited by the construction of certain improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal,within the territorial limits of the Issuer. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the Issuer. 2. The interest on the Bonds (including any original issue discount properly allocable to an owner thereof) is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. It should be noted, however, that for the purpose of computing the alternative minimum tax imposed on 7 011783 095159 • • • • • • •• corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings. the opinions set forth in this paragraph aSe,supject t9;thq condition that the Issuer comply with all requirements of the Internal Revenu4 C4d6 oT 4986, 3s afnedded•: (the "Code"), that must be satisfied subsequent to the issuance of the Bonds•r'rrottder that•intet thenoon be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such•soquisaments may cause the inclusion of interest on the Bonds in gross income for federal•intpme:tax purposes retroactive to the date of issuance of the Bonds. The Bonds have not been designdte,f as `qualtted tax- exempt obligations" for purposes of Section 265(b) of the Code. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. 3. The interest on the Bonds is excluded from computation of Kansas adjusted gross income. We have not been engaged nor have we undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds (except to the extent, if any, stated in the Official Statement) and we express no opinion relating thereto (excepting only the matters set forth as our opinion in the Official Statement). The rights of the owners of the Bonds and the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent applicable and their enforcement may be subject to the exercise of judicial discretion in appropriate cases. GILMORE & BELL, P.C. • • 8