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Agenda - 11-16-2010 - 4k
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Agenda - 11-16-2010 - 4k
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11/16/2010 12:55:23 PM
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BOCC
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11/16/2010
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Regular Meeting
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Minutes 11-16-2010
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\Board of County Commissioners\Minutes - Approved\2010's\2010
RES-2010-088 Resolution Providing Final Approval of Terms and Documents for County's 2010 Installment Refinancings and Equipment Refinancing
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\Board of County Commissioners\Resolutions\2010-2019\2010
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• (iii) if to the Company, to Orange County Public Facilities Company, <br />Attention: Notice under 2010 LOBs Deed of Trust, c/o Orange County <br />Manager, Post Office Box 8181, Hillsborough, North Carolina 27278. <br />(iv) if to the Trustee, to <br />(c) Any communication sent under this Deed of Trust must be sent to the <br />County and the Trustee along with any other parties to which the communication may be <br />addressed. <br />(d) Any addressee inay designate additional or different addresses for <br />communications by notice given under this Section to each of the others. <br />6-2 Successors; Assignments. <br />(a) This Deed of Trust is binding upon, will inure to the benefit of, and is <br />enforceable by the County, the Deed of Trust Trustee, the Company and any registered <br />owner of Bonds, and [her] respective successors and assigns. <br />(b) Except as otherwise provided in this Deed of Trust or in the Financing <br />Contract, the County may not sell, lease, transfer or otherwise dispose of all or any part <br />• of the Mortgaged Property or any interest therein without the Company's prior written <br />consent. The Company must not unreasonably withhold its consent. <br />(c) The Company is assigning-substantially all of its rights under this Deed <br />of Trust and under the Financing Contract to the Trustee pursuant to the Trust <br />Agreement, without recourse against the Company. The Trustee is entitled to all the <br />rights provided to the Company under this Deed of Trust, except for those rights <br />not assigned to the Trustee under the Trust Agreement. <br />6-3 No Marshalling. The County waives any and all rights to require <br />marshalling of assets in connection with the exercise of any remedies provided in this <br />Deed of Trust or as permitted by law. <br />6-4 Definitions. All capitalized terms used in this Deed of Trust and not <br />otherwise defined have the meanings ascribed to them in the Financing Contract or the <br />Trust Agreement. <br />6-5 Governing Law; Forum. The County, the Company and the Deed of <br />Trust Trustee intend that North Carolina law will govern this Deed of Trust. To the <br />extent permitted by law, the County, the Company and the Deed of Trust Trustee agree <br />• that any action brought with respect to this Deed of Trust must be brought in the North <br />Carolina General Court of Justice in Orange County, North Carolina. <br />~~ <br />
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