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2005 NS Finance - Refinancing BB&T Installment Purchase Agreements
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2005 NS Finance - Refinancing BB&T Installment Purchase Agreements
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Last modified
6/7/2011 11:01:44 AM
Creation date
9/29/2010 3:07:42 PM
Metadata
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Template:
BOCC
Date
1/24/2005
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5i
Document Relationships
Agenda - 01-24-2005-5i
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 01-24-2005
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4 <br />BB&T is the successor in interest to BB&T Leasing Corporation. <br />The parties desire to modify the Original Agreement to lower the rate of interest payable <br />by the County on the outstanding balance of the principal amount financed pursuant to the <br />Original Agreement to an annual interest rate of 3.69%. <br />This Modification Agreement provides for no additional advance of funds to the County. The <br />scheduled date for the County's final repayment of amounts advanced under the Original <br />Agreement remains on or about February 1, 2012. <br />Now, therefore, for and in consideration of the premises, and for the purposes <br />described in the Original Agreement the County covenants and agrees with the Deed of <br />Trust Trustee and BB&T (and their respective heirs, successors and assigns), as follows: <br />1. The payment schedules that were attached to the Original Agreement (Exhibit X-1 <br />and X-2 to the 1998 Modification Agreement) are hereby replaced by those payment schedules <br />set forth in Exhibits A-1 and A-2 attached to this Modification Agreement and incorporated <br />herein by this reference. <br />2. Except as modified by this Modification Agreement, the terms and provisions of <br />the Original Agreement are in all respects ratified and confirmed. <br />3. This Modification Agreement affects the same real property as the Original <br />Agreement. To the extent permitted by law, the parties intend that the security interest evidenced <br />by the Original Agreement, as modified by this Modification Agreement, should relate and be <br />effective from the recording date of the Original Agreement (that being December 19, 1996). <br />4. Notwithstanding any other provision of this agreement or the Original <br />Agreement, the County and BB&T intend to comply with North Carolina General Statutes <br />Section 160A-20. No deficiency judgment may be entered against the County in violation of <br />such Section 160A-20. <br />5. This document may be executed in counterparts, including separate counterparts, <br />all of which shall constitute but a single agreement. <br />2 <br />
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