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1996 NS Deed of Trust and Security Agreement
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1996 NS Deed of Trust and Security Agreement
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Last modified
11/21/2013 4:00:52 PM
Creation date
10/15/2013 12:56:02 PM
Metadata
Fields
Template:
BOCC
Date
1/16/1996
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
V-A
Document Relationships
Agenda - 01-16-1996 - V-A
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\Board of County Commissioners\BOCC Agendas\1990's\1996\Agenda - 01-16-1996
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after the date hereof) , including without limitation, any future <br /> loans and advances made by the Beneficiary pursuant to the Contract <br /> to or for the benefit of Grantor, up to a maximum aggregate amount <br /> of principal indebtedness outstanding at any one time of TWO <br /> MILLION DOLLARS ($2, 000, 000.00) . The amount of present obligations <br /> of Grantor to the Beneficiary secured hereby is $2, 000,000 as of <br /> the date hereof, and the amount of all present and future principal <br /> obligations of Grantor to the Beneficiary secured hereby is in the <br /> sum of $2, 000, 000.00, plus interest, costs and advances made by the <br /> Beneficiary to protect or preserve the Property or the lien hereof <br /> thereon, or for taxes, assessments or insurance premiums as herein <br /> provided. Pursuant to N.C.G.S. § 45-68 (2) , Grantor and the <br /> Beneficiary agree that at the time each obligation is incurred, it <br /> shall not be necessary for each such obligation to be evidenced by <br /> any written instrument or notation signed by Grantor and <br /> stipulating that such obligation is secured by this Deed of Trust. <br /> 1.2 Performance of Contract Documents. The Grantor shall <br /> pay or cause to be paid all sums, including all principal and <br /> interest, which become due under the Contract, and the Grantor <br /> shall observe and perform, or cause to be observed and performed, <br /> all covenants, conditions and agreements contained in the Contract <br /> and this Deed of Trust and any amendments and supplements thereto <br /> or hereto. <br /> 1.3 Title. The Grantor represents that it is seized of the <br /> entire interests in the Site in fee simple and that it has the <br /> right to convey the same in fee simple, that title is marketable <br /> and free and clear of all encumbrances except for Permitted <br /> Encumbrances (as hereinafter defined) , and that it will warrant and <br /> defend the title against the claims of all persons whomsoever. <br /> 1.4 Maintenance and Modification of Property by Grantor. <br /> Neither the Beneficiary nor the Trustee shall be under any <br /> obligation to operate, maintain or repair the Property. The <br /> Grantor agrees that until payment of the sums due to Beneficiary <br /> under the Contract, and full compliance with the provisions of this <br /> Deed of Trust it will (a) keep, or cause to be kept, the Property <br /> in as reasonably safe condition as its operations will permit and <br /> (b) keep, or cause to be kept, the Property in good repair and in <br /> good operating condition and make, or cause to be made, from time <br /> to time all necessary repairs thereto and renewals and replacements <br /> thereof. The Grantor will not permit or suffer others to commit a <br /> nuisance in connection with the use or occupancy of the Property. <br /> The Beneficiary may, at any time, during normal business hours, <br /> cause an inspection to be made of the Property by its <br /> representatives, and such representatives shall be permitted <br /> reasonable access to the Property and every part thereof. If any <br /> such inspection shows the need of restoration, repairs or <br /> maintenance and the Beneficiary makes demand therefor, the Grantor <br /> shall proceed within 30 days after such demand has been made to <br /> effect such restoration, repairs and maintenance and shall <br /> expeditiously and in good faith complete the same. <br /> 3 <br />
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