33.Costs for upgrading and widening State Highway 24

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Finance SIB # Sulphur River Regional Mobility Authority (Delta, Hunt, and Lamar Counties) Article 1. Financial Assistance A. The State will lend the Authority the amount of not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00) (the "SIB Loan"), to finance the actual costs of the Project described in Article 2 of this Agreement located within the boundaries of the Authority. B. On 2012 (or on a subsequent business day if so requested by the Authority in writing after execution of this Agreement), the State will transfer the amount of not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00) from the SIB to the Authority for deposit in Authority's depository bank (Liberty National Bank of Paris, Texas located in Paris, Texas). The Department hereby expressly recognizes that it has received $132,144.00 from the Commissioners Court of Delta County, $745,125.00 from Federal Funds and such deposits may only lawfully be used to pay the Project costs related to rights of way acquisition and utility relocation. The Authority shall deposit such additional funds into a Project Account established by the Authority with the depository bank to fund the necessary Project costs described in this Agreement. The depository bank shall not commingle funds in the Project Account with any other funds held by the bank. If, during the course of this Agreement, the Authority changes its depository bank, the Authority shall cause the transfer of any remaining SIB Loan proceeds into an equivalent account in the new depository bank, subject to the same security and fund segregation requirements described in this paragraph. The date the SIB Loan proceeds are deposited into the Project Account is referred to as the "Deposit Date." If the Deposit Date is not , 2012, the State shall revise Exhibit D attached hereto to reflect the revised Deposit Date and the revised interest and principal payment amounts and due dates resulting from such revision of the Deposit Date. C. The payment of principal of, and interest on, the SIB Loan is an obligation of the Authority's general fund, subject to annual appropriation of funds for payment of the SIB Loan and pursuant, for funding of its obligations under this Agreement, to the provisions of the Interlocal Cooperative Agreement. D. The SIB Loan is to be repaid over a period not to exceed twenty (20) years, with a final maturity date of February 1, 2033, in accordance with the amortization table attached to this Agreement as Exhibit D. Principal due on the SIB Loan shall be due on February 1, 2013, and each February 1 thereafter including the final principal payment date as shown on Exhibit D attached hereto (each a "Principal Payment Date"), and in the amounts (each a "Principal Payment") as shown on Exhibit D attached hereto. The SIB Loan shall bear interest from the Deposit Date, at the rate of % per annum (the "Loan Rate"), such interest to be calculated on the basis of a 360-day year composed of 12 30-day months (each an "Interest Payment"). Interest Payments will be due on February 1, 2013, and each February 1 and August 1 thereafter in the years as shown on Exhibit D attached hereto (each an "Interest Payment Date"). The Principal Payment Dates and the Interest Payment Dates are collectively referred to as "Payment Dates." If a Payment Date is not on a business day, the Interest Payment and/or Principal Payment due shall be made on the next following business day. E. Funds from the Project Account shall only be drawn upon by the Authority to pay costs related to the Project as described in this Agreement. All work performed in connection with the relocation of utilities shall be in accordance with all applicable policies 95447991.8 `Page