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Agenda - 12-05-94 - VII-A
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Agenda - 12-05-94 - VII-A
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11/9/2016 11:30:32 AM
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BOCC
Date
12/5/1994
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VII-A
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33 <br /> or corrected within a period of thirty (30) days after notice <br /> thereof is received by the County from Lender, or, if such <br /> nonconformity cannot reasonably be cured within thirty (30) <br /> days, its shall not be an Event of Default if the County has <br /> commenced curing such nonconformity within said thirty day <br /> period and is, in the opinion of Lender, diligently <br /> prosecuting such cure to completion. <br /> 10 .2 Remedies on Default . Upon occurrence of any Event of <br /> Default, the Lender may exercise any one or more of the following <br /> remedies as the Lender in its sole discretion shall elect: <br /> (a) Declare the entire amount of the principal portion <br /> of the Installment Payments immediately due and payable <br /> without notice or demand to the County, together with accrued <br /> interest thereon; <br /> (b) Proceed by appropriate court action to enforce <br /> performance by the County of any covenant of this Contract <br /> with which it has failed to comply (other than a failure to <br /> pay Installment Payments or any other payments hereunder) or <br /> to recover for the breach thereof; <br /> (c) Institute foreclosure proceedings against the <br /> Property 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 Property as the Lender in its sole discretion may <br /> decide; <br /> (e) Terminate the Escrow Fund in accordance with Section <br /> 4 .4 hereof and receive distribution of all amounts of <br /> principal and interest therein; thereafter, Lender is <br /> specifically authorized to use that portion of the Escrow Fund <br /> which has not previously been disbursed to the extent deemed <br /> necessary by Lender to complete construction of the <br /> Improvements in substantial accordance with the Plans and <br /> Specifications, and if such completion requires a larger sum <br /> than the remaining undisbursed portion of the Escrow Fund, to <br /> disburse such additional funds, all of which funds so <br /> disbursed by Lender shall be deemed to have been disbursed to <br /> the County (if acceptable under G.S. § 160A-20) and shall be <br /> evidenced by this Contract and secured by the Deed of Trust; <br /> or <br /> (f) To enter into possession of the Property and to <br /> perform or cause to be performed any and all work and labor <br /> necessary to complete the Improvements in substantial <br /> accordance with the Plans and Specifications, with such <br /> • <br /> 12 <br />
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