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A G R E E M E N T <br />THIS AGREEMENT, entered into as of the day of <br />1989, between and among the City of North Olmstead, <br />Ohio, a city organized and existing under the Constitution and <br />laws of the State of Ohio (the "Issuer"), and Robert L. Smigel, <br />his heirs, executors, administrators, successors and assigns (the <br />"Borrower") for the purposes of creating fobs and employment <br />opportunities and improving the economic welfare of the people of <br />the State of Ohio. <br />WHEREAS, Borrower desires to construct, purchase and equip <br />an industrial manufacturing facility within the boundaries of <br />Issuer, to be used in the manufacture and distribution of faced <br />fiberglass insulation materials and related products used in the <br />metal building construction industry, to be owned by Borrower and <br />leased to Therm-All, Inc., an Ohio corporation, for related <br />purposes, (the "Project"), which facility will provide additional <br />fobs and employment opportunities within the City of North <br />Olmstead and increase the economic welfare of the State of Ohio <br />and the Issuer; and <br />WHEREAS, Borrower has evidenced a desire to finance such <br />construction, acquisition, installation and equipping of an <br />industrial manufacturing facility from the proceeds of industrial <br />development revenue bonds issued pursuant to the authority of <br />Article VIII, Section 13 of the Ohio Constitution and Chapter 165 <br />of the Ohio Revised Code; and <br />-1- <br />