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RES-2007-037 Resolution Providing Final Approval for County Installment Financing
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RES-2007-037 Resolution Providing Final Approval for County Installment Financing
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Last modified
8/3/2012 9:37:52 AM
Creation date
5/20/2010 8:46:10 AM
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BOCC
Date
5/3/2007
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
5a
Document Relationships
Agenda - 05-03-2007-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 05-03-2007
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43 <br />(d). Another party's assumption of any of the County's obligations under <br />this Deed of Trust. <br />1-6 Releases; Grants of Easements. <br />(a) So long as no Event, of Default is continuing, SunTrust and the <br />Deed of Trust Trustee will, upon the County's request and at any time, execute and <br />deliver all documents necessary to effect the release of Mortgaged Property from <br />the lien of this Deed of Trust upon the County's compliance with the requirements <br />of this Section. <br />(b) In connection with the release of a portion (but less than all) of the <br />Mortgaged Property, the County must file with SunTrust and the Deed of Trust <br />Trustee either (i) an appraisal prepared by an Appropriate Consultant, or (ii) <br />evidence of listed tax value or insured value, in any case showing that the value of <br />that portion of the Mortgaged Property that is proposed as the portion that is to <br />remain subject to the lien of the Deed of Trust is not less than 85% of the aggregate <br />outstanding principal component of the Installment Payments. <br />(c) In the case of a proposed release of all the Mortgaged Property, the <br />County must pay to SunTrust (or some fiduciary reasonably acceptable to <br />SunTrust) an amount (i) which is sufficient to provide for the payment in full of all <br />Contract Payments in accordance with Sections 2.3 and 13.1 of the .Financing <br />Contract and (ii) which is required to be used for such payment. <br />(d) In any event, the County must file with SunTrust and the Deed of <br />Trust Trustee (i) a certified copy of a County Board resolution stating the purpose <br />for which the County desires such release, giving an adequate legal description of <br />the portion of the Mortgaged Property to be released and requesting such release, <br />(ii) a copy of the proposed instrument of grant or release, (iii) a written application <br />signed by a County Representative requesting such instrument; and (iv) a <br />certificate executed by a County Representative that no Event of Default is <br />continuing and that the grant or release will not materially impair the intended use <br />of the Pledged Facilities. <br />(e) In addition to the provisions for release described above, <br />(i) The County may from time to time grant easements, licenses, <br />rights-of--way and other similar rights with respect to any part of the <br />Mortgaged Property, and the County may release such interests, with or <br />without consideration. The County must send notice of any such grant or <br />97561v1 43 <br />
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