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Tab_118KENAI PENINSULA BOROUGH 144 North Binkley Street 9 Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 e FAX: (907) 262-1892 www.kpb.us jYjJ I i ;! ;i .iJ.i fri : NO LITIGATION CERTIFICATE I, COLETTE G. THOMPSON, the duly appointed, qualified and acting Borough Attorney of the Kenai Peninsula Borough, Alaska (the "Borough"), in connection with execution and delivery of the Amendatory Loan Agreement dated as of October 18, 2016, between the Alaska Municipal Bond Bank and the Borough (the "Amendatory Loan Agreement"), pursuant to this the Borough has issued and delivered its South Kenai Peninsula Hospital Service Area General Obligation Refunding Bond, 2016 (the "Bond"), DO HEREBY CERTIFY as follows: That as of the date hereof, to my knowledge, there is no action, proceeding or investigation, at law or in equity, before or by any court, public board or body, pending or, to the best of my knowledge threatened: 1. that contests (A) the corporate existence or boundaries of the Borough, (B) the titles of the present officers of the Borough to their office, (C) the authority of the Borough to enter into the Amendatory Loan Agreement or issue the Bond, (D) the proceedings, including Resolution 2016-046 under which the Borough entered into the Amendatory Loan Agreement and issued the Bond, nor have any such proceedings been repealed, revoked or rescinded; 2. that contests, affects or seeks to restrain or enjoin the execution and delivery of the Amendatory Loan Agreement, the issuance of the Bond or the levy or collection of the South Kenai Peninsula Hospital Service Area taxes pledged or to be pledged to pay principal of and interest on the Bond; 3. that contests or affects the validity of the Amendatory Loan Agreement or the Bond or the tax-exempt status of interest on the Bond; 4. that calls into question the ability of the Borough to perform its obligations under the Amendatory Loan Agreement or the Bond; or 5. the outcome of which would materially adversely affect the financial condition or assets of the Borough. DATED as of this 3rd day of November 2016. KENAI PENINSULA BOROUGH, ALASKA Colette Thompson,