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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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4/15/2016 9:26:09 AM
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BOCC
Date
4/19/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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RES-2016-032 Resolution providing final approval of terms and documents for 2016 County installment financing
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\Board of County Commissioners\Resolutions\2010-2019\2016
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43 <br /> permitted by law) after compliance with applicable State laws relating to foreclosure <br /> sales under power of sale. The Deed of Trust Trustee will execute and deliver a proper <br /> deed or deeds to the successful purchaser at such sale. If only a part of the Mortgaged <br /> Property is sold, the partial sale in no way adversely affects the lien created by this Deed <br /> of Trust against the remainder. <br /> (b) Lender's Bid. The Lender may bid and become the purchaser at any <br /> sale under this Deed of Trust. Instead of paying cash, the Lender may make settlement <br /> for the purchase price by crediting against the Obligations the bid price net of sale <br /> expenses, including the Deed of Trust Trustee's commission, and after payment of any <br /> taxes and assessments as may be a lien on the Mortgaged Property superior to the lien of <br /> this Deed of Trust (unless the Mortgaged Property is sold subject to those liens and <br /> assessments, as provided by law). <br /> (c) County's Bid. The County may bid for all or any part or parts of the <br /> Mortgaged Property at any foreclosure sale. The County, however, may not bid less than <br /> an amount sufficient to provide for full payment of the Obligations unless the Lender <br /> consents in writing. <br /> (d) Successful bidder's deposit.At any sale the Deed of Trust Trustee may, at <br /> [his] option, require any successful bidder (other than the Lender) immediately to make a <br /> deposit with the Deed of Trust Trustee against the successful bid in the form of cash or a <br /> certified check in an amount of up to 5% of the sale price. The advertised notice of sale <br /> need not include notice of this requirement. <br /> (e) Application of sale proceeds. The Deed of Trust Trustee must apply <br /> the proceeds of any foreclosure sale in the manner and in the order prescribed by State <br /> law. The parties agree (i) that the sale expenses will include a commission to the Deed of <br /> Trust Trustee equal to one-half of one percent of the gross sales price (but not exceeding <br /> a total of $25,000) for all services performed by the Deed of Trust Trustee under this <br /> Deed of Trust, and (ii) that any sale proceeds remaining after the payment of all <br /> obligations and the prior application of the proceeds in accordance with State law will be <br /> paid to the County. <br /> 4-3 Possession of Mortgaged Property. During the continuation of an Event <br /> of Default, upon the Lender's demand the County must deliver possession of the <br /> Mortgaged Property to the Lender. In addition, the County must surrender possession of <br /> the Mortgaged Property to the purchaser of the Mortgaged Property at any judicial or <br /> foreclosure sale under this Deed of Trust. <br /> During the continuation of an Event of Default, the Lender, to the extent permitted <br /> by law, is also authorized to (a) take possession of the Mortgaged Property, with or <br /> without legal action, (b) lease the Mortgaged Property, (c) collect all rents and profits <br /> from the Mortgaged Property, with or without taking possession of the Mortgaged <br /> Property, and (d) after deducting all costs of collection and administration expenses, <br /> 8 <br />
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