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41 <br /> sufficient to provide for the payment in full of the entire outstanding balance of the <br /> Amount Advanced and (ii) that is required to be used for that payment. <br /> (d) In any event, the County must file with the Lender and the Deed of Trust <br /> Trustee (i) a certified copy of a County Board resolution stating the purpose for which the <br /> County desires the release, giving a brief and general description of the portion of the <br /> Mortgaged Property to be released and requesting the release, (ii) a copy of the proposed <br /> instrument of grant or release, including a complete legal description of the property to be <br /> released, (iii) a written application signed by a County Representative requesting the <br /> execution and delivery of the instrument, and (iv) a certificate executed by a County <br /> Representative to the effect (A) that no Event of Default is continuing and (B) that the <br /> grant or release will not materially impair the intended use of the Pledged Facilities. <br /> (e) In addition to the provisions for release described above, <br /> (i) The County may from time to time grant easements, licenses, rights-of-way <br /> and other similar rights with respect to any part of the Mortgaged Property, and the <br /> County may release similar interests, with or without consideration. The County must <br /> send notice of any grant or release to the Lender, along with a certificate that the grant or <br /> release will not materially impair the intended use of the Pledged Facilities. <br /> (ii) The County may dispose of any undesirable or unnecessary Fixture as <br /> provided in Section 1-4. <br /> 1-7 Construction Mortgage. The security interest evidenced by this Deed of <br /> Trust is a "construction mortgage" with respect to the Pledged Facilities within the meaning <br /> of Section 25-9-334 of the North Carolina General Statutes. <br /> 2. County's Payment Obligation; Lender's Advances <br /> 2-1 Payment of Obligations; Compliance with Covenants. The County <br /> will pay the Obligations as and when the same become due and payable in the manner set <br /> forth in this Deed of Trust and in the Financing Contract, and will comply in all respects <br /> with all of the terms of this Deed of Trust and the Financing Contract. <br /> 2-2 Payment of Costs and Legal Fees. (a)If the Deed of Trust Trustee or the <br /> Lender employs an attorney to assist in the enforcement or collection of any Obligations, <br /> or if the Deed of Trust Trustee or the Lender voluntarily or otherwise becomes a party to <br /> any suit or legal proceeding (including a proceeding conducted under any state or federal <br /> bankruptcy or insolvency statute) to protect the Mortgaged Property, to protect the lien of <br /> this Deed of Trust, to enforce collection of the Obligations, or to enforce compliance by <br /> the County with any of the provisions of this Deed of Trust or the Financing Contract, <br /> then the County will pay reasonable legal fees and all costs that may reasonably be <br /> incurred (whether or not any suit or proceeding is commenced). All of those fees and <br /> 6 <br />