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Agenda - 12-20-94 - Contract
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Agenda - 12-20-94 - Contract
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Last modified
11/9/2016 3:09:24 PM
Creation date
11/9/2016 9:07:28 AM
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BOCC
Date
12/20/1994
Meeting Type
Regular Meeting
Document Type
Contract
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SECTION 6 . PROPERTY <br /> 6 . 1 Title. The County has good and valid title to the <br /> Property, free and clear of any liens, claims or security interests <br /> of any party whatsoever, other than the Deed of Trust, the Lease <br /> and the Permitted Encumbrances. <br /> 6 . 2 Availability of Utilities . All utility services <br /> necessary for the construction of the Improvements and the <br /> operation thereof for their intended purpose are presently <br /> available, or will be available when needed, through presently <br /> existing public or unencumbered private easements or rights-of-way <br /> (which would inure to the benefit of Lender or other purchaser of <br /> the Property in the event of the foreclosure of or sale under the <br /> power contained in the Deed of Trust) at the boundaries of the <br /> Property, including but not limited to, water supply, storm and <br /> sanitary sewer, electric and telephone facilities . <br /> 6 . 3 Security Agreement. To secure all obligations of the <br /> County hereunder, the County hereby grants to the Lender a security <br /> interest in any and all of the County' s right, title and interest <br /> in and to any fixtures incorporated, or to be incorporated, or used <br /> in connection with the operation of, the Property, and all <br /> substitutions and replacements thereto, and any and all proceeds <br /> thereof, including without limitation, the proceeds of insurance <br /> thereon. The County agrees to execute and deliver all documents <br /> and instruments necessary or appropriate to perfect or maintain the <br /> security interest granted hereby and to maintain the Lender' s <br /> security interest in the collateral described in this Section 6 . 3 . <br /> The County or the Board of Education may install on or locate in <br /> the Property any personal property and, to the extent that such <br /> personal property does not constitute a fixture, the Lender shall <br /> have no security interest therein. <br /> 6 .4 Assignment of Leases . To further secure all obligations <br /> of the County hereunder, the County hereby grants, conveys, <br /> transfers and assigns to the Lender, and grants to the Lender a <br /> security interest in, all of the County' s right, title, and <br /> interest in and to the Lease and any other lease or leases now <br /> existing or hereafter made for all or any part of the Property, <br /> together with all rents, income, profits, revenues, proceeds, and <br /> royalties due and becoming due therefrom. The County agrees to <br /> execute and deliver all documents, instruments and financing <br /> statements necessary or appropriate to perfect or maintain the <br /> security interest granted hereby. <br /> 6 .5 Liens. The County shall not directly or indirectly <br /> create, incur, assume or suffer to exist any mortgage, pledge, <br /> lien, charge, security interest, encumbrance or claim on or with <br /> respect to the Property, or any interest therein, except for the <br /> lien and security interest of the Lender therein under this <br /> 8 <br />
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