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1995 S Housing - Orange County HOME Consortium - Development Agreement
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1995 S Housing - Orange County HOME Consortium - Development Agreement
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Last modified
1/14/2015 9:18:12 AM
Creation date
1/14/2015 9:16:16 AM
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BOCC
Date
12/19/1995
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
VIII-E
Document Relationships
Agenda - 12-19-1995 - VIII-E
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\Board of County Commissioners\BOCC Agendas\1990's\1995\Agenda - 12-19-95
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17. HAZARDOUS MATERIALS. Borrower warrants that: <br /> (i) the Property shall be kept free of Hazardous Materials. <br /> (ii) Borrower shall not permit the installation,generation,transportation,or release of <br /> Hazardous Materials in or on the Property. <br /> (iii) Borrower shall at all times comply with all applicable Environmental Laws affecting the <br /> Property and shall keep the Property free and clear of all liens imposed pursuant to any <br /> Environmental Laws. <br /> (iv) Borrower shall immediately give Beneficiary oral and written notice in the event that <br /> Borrower knows of a violations of these warrants or receives any notice from any <br /> governmental agency or other party with regard to Hazardous Materials affecting the <br /> Property. <br /> Borrower hereby agrees to indemnify Beneficiary and hold Beneficiary harmless from any losses, liabilities, <br /> damages, injuries(including but not limited to attorney's fees)and claims incurred or suffered by or asserted against <br /> Beneficiary,as a direct or indirect result of any warranty or representation made by Borrower in this paragraph <br /> (Hazardous Materials)being false or untrue in any material respect. <br /> For purposes of this Deed of Trust,"Hazardous Material"means petroleum products,any flammable explosives, <br /> radioactive materials,asbestos or any material containing asbestos,and/or any hazardous,toxic or dangerous waste, <br /> defined as such in the Environmental Laws. <br /> For purposes of this Deed of Trust,"Environmental Laws"means the Comprehensive Environmental Response, <br /> Compensation and Liability Act, the Hazardous Materials Transportation Act,the Resource Conservation and Recovery <br /> Act,any"Superfund"or"Superlien"law,or any other federal,state or local law relating to standards of conduct <br /> concerning any petroleum products,any flammable explosives,radioactive materials,asbestos or any material containing <br /> asbestos,and/or hazardous,toxic or dangerous waste. <br /> 18. GOVERNING LAW. This Deed of Trust is to be governed and construed in accordance with the laws of the <br /> State of North Carolina. <br /> 19. SUCCESSORS AND ASSIGNS. The covenants herein contained shall bind,and the benefits and <br /> advantages shall insure to the legal representatives,successors and assigns of the parties hereto. <br /> IN TESTIMONY WHEREOF,Borrower(s)has executed this instrument under seal on the date first above <br /> written. <br /> ORANGE COMMUNITY HOUSING CORPORATION <br /> (SEAL) <br /> Donna L.Dyer,President <br /> ATTEST: <br /> Keith E. Aldridge, Secretary <br /> Board of Directors <br /> NORTH CAROLINA <br /> ORANGE COUNTY <br /> 1, ,Notary Public in and for the above named County and State,do hereby <br /> certify that on this day personally appeared before me Keith E. Aldridge,with whom I am personally acquainted,who, <br /> being by me duly sworn,says at he is Secretary and that Donna L. Dyer is President of Orange Community Housing <br /> Corporation,a North Carolina corporation,and that by authority duly given and as the act of the corporation,the <br /> foregoing instrument was signed in its name by its President,sealed with its corporate seal and attested to by its Secretary. <br /> Witness my hand and notarial seal,this the day of 1993. <br /> Notary Public <br /> My commission expires: <br /> 3 <br />
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