HomeMy WebLinkAboutD02 CertofTrusteeQuint & Thimmig LLP
2/7/24
$4,125,000
TUSTIN PUBLIC FINANCING AUTHORITY
Water Revenue Bonds, Series 2024
(Subordinate Lien)
CERTIFICATE OF TRUSTEE
The undersigned hereby states and certifies:
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(i) that the undersigned is an authorized officer of The Bank of New York Mellon
Trust Company, N.A., acting as trustee (the "Trustee") under the Indenture of Trust, dated as of
February 1, 2024 (the "Indenture"), by and between the Tustin Public Financing Authority (the
"Authority") and the Trustee, and as such, is familiar with the facts herein certified and is
authorized and qualified to execute and deliver this certificate on behalf of the Trustee;
(ii) that the Trustee is a national banking association organized and existing under
and by virtue of the laws of the United States of America, having the full power and being
qualified to enter into and perform its duties under the Indenture;
(iii) that the Trustee is duly authorized to enter into the Indenture and to authenticate
and deliver the above -captioned bonds (the "Bonds") to Capital One Public Funding, LLC, as
purchaser, pursuant to the terms of the Indenture;
(iv) that the execution and delivery of the Indenture and compliance with the
provisions on the Trustee's part contained therein, and the authentication and delivery of the
Bonds will not conflict with or constitute a breach of or default under any law, administrative
regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or
other instrument to which the Trustee is a party or is otherwise subject (except that no
representation, warranty or agreement is made with respect to any federal or state securities or
Blue Sky laws or regulations), nor will any such execution, delivery, adoption or compliance
result in the creation or imposition of any lien, charge or other security interest or encumbrance
of any nature whatsoever upon any of the properties or assets held by the Trustee pursuant to
the lien created by the Indenture under the terms of any such law, administrative regulation,
judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other
instrument, except as provided by the Indenture; and
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0#I{v) that there is no action, SLIit, proceeding, inquiry or investigation, at law or in
equity, before or by any court, governmental agency, public board or body, served on, or, to the
best knowledge of the undersigned, threatened against, the Trustee, affecting the existence of
the Trustee or the titles of its officers to their respective offices, or in any way contesting or
affecting the validity or enforceability of the Indenture against the Trustee, or contesting the
power of the Trustee or its authority to enter into, adopt or perform its obligations under the
Indenture, wherein an unfavorable decision, ruling or finding would materially adversely affect
the validity or enforceability of the Indenture against the Trustee or the authentication and
*ed*
of the Bonds.
4FM
br iy � � THE BANK OF NEWYOR 06
TRUST CPANY, N.A.,
as Trusts
�y
D rc }h Young
Vi e President