Agenda - 11-16-2010 - 4k - Laserfiche WebLink

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• Obligations or to enforce compliance by the County with any of the provisions of the Documents, the County will pay reasonable attorneys' fees and all of the costs that may reasonably be incurred (whether or not any suit or proceeding is commenced), and such fees and costs (together with interest at the annual rate of 5.00%) are secured as Obligations under this Deed of Trust (but if any such proceeding is adverse to the County, then only if the Deed of Trust Trustee or the Company, as the case may be, is a prevailing party in such action). 2-6 Advances for Performance of County's Obligations. If the County fails to perform any of its obligations under the Documents, the Deed of Trust Trustee and the Company are authorized; but not obligated, to perform or cause to be performed such obligation. All such expenditures, together with interest thereon at the annual rate of 5.00%, are secured as Obligations under this Deed of Trust. 3. County's Other Covenants 3-1 Title Covenants. The County covenants with the Deed of Trust Trustee and the Company that the County is seized of and has the right to convey the Mortgaged Property in fee simple, that the Mortgaged Property is free and clear of all liens and encumbrances other than Permitted Encumbrances, as defined in the Financing Contract, that title to the Mortgaged Property is marketable, and that the County will forever • warrant and defend title to the Mortgaged Property (subject to the Permitted Encumbrances, as defined in the Financing Contract) against the claims of all persons. 3-2 Maintenance and Repairs; Additions and Demolition. The County will keep the Mortgaged Property in good order and repair (reasonable wear and tear excepted) and in good operating condition, will not commit or permit any waste or any other thing to occur whereby the value or usefulness of the Mortgaged Property might be impaired, and will make from time to time all necessary or appropriate repairs. 3-3 Environmental Representations, Warranties, Covenants and Indemnification. (a) The County warrants and represents as follows: (i) The County has no knowledge and, after reasonable inquiry, no reason to believe (A) that any industrial use has been made of the Mortgaged Property, (B) that the Mortgaged Property has been used for the storage, treatment or disposal of chemicals or any wastes or materials that are classified by federal, State or Iocal Laws as hazardous or toxic substances, (C) that any manufacturing, landfilling or chemical production has occurred on the Mortgaged Property, or (D) • that there is any asbestos or other contaminant on, in or under the Mortgaged Property.