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1996 NS Installment Purchase Contract
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1996 NS Installment Purchase Contract
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Last modified
11/21/2013 4:02:02 PM
Creation date
10/15/2013 2:41:23 PM
Metadata
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Template:
BOCC
Date
1/16/1996
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
V-A
Document Relationships
Agenda - 01-16-1996 - V-A
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Path:
\Board of County Commissioners\BOCC Agendas\1990's\1996\Agenda - 01-16-1996
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(c) Institute foreclosure proceedings against the <br /> Pro e or exercise any other right provided to Lender under <br /> the Deed of Trust; <br /> (d) Terminate this Contract and use, operate, lease or <br /> hold the Proms as the Lender in its sole discretion may <br /> decide; <br /> (e) Use anv portion of the Financing Proceeds that has <br /> not previously been disbursed to the extent deemed necessary <br /> by Lender to complete construction of the Project in <br /> substantial accordance with the Plans and Specifications& . <br /> All such uses shall be repaid in accordance with the <br /> requirements of this Contract for payment of Installment <br /> Payments. <br /> (f) Notify all tenants under any leases of the Property <br /> that the Lender will thereafter collect all rents directly and <br /> not through the County. <br /> (g) Apply, in any manner the Lender shall reasonably deem <br /> appropriate, any amounts on hand " in the Construction Fund <br /> to the payment of the outstanding principal component of the <br /> Installment Payments, or to any other amounts required to be <br /> paid under this Contract. <br /> Notwithstanding any other provisions herein, it is the intent <br /> of the parties hereto to comply with North Carolina General <br /> Statutes Section 160A-20 . No deficiency judgment may be entered <br /> against the County in favor of the Lender in violation of Section <br /> 160A-20, including, without limitation, any deficiency judgment for <br /> amounts that may be owed hereunder when the sale of all or any <br /> portion of the Project is insufficient to produce enough money to <br /> pay in full all remaining obligations under this Contract. <br /> 10 .3 Further Remedies. A termination hereunder shall occur <br /> only upon notice by the Lender to the County. All remedies of the <br /> Lender are cumulative and may be exercised concurrently or <br /> separately. The exercise of any one remedy shall not be deemed an <br /> election of such remedy or preclude the exercise of any other <br /> remedy. <br /> SECTION 11. ASSIGNMENT <br /> 11.1 Assignment By the County. The County agrees not to <br /> sell, assign, lease, sublease, pledge or otherwise encumber or <br /> suffer a lien or encumbrance upon or against any interest in this <br /> Contract or the Project (except for the Permitted Encumbrances) <br /> without the Lender' s prior written consent, which shall not be <br /> unreasonably withheld. The County's interest herein may not be <br /> assigned or transferred by operation of law. <br /> 17 <br />
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