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Agenda - 05-03-2007-5a
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Agenda - 05-03-2007-5a
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Last modified
9/1/2008 11:49:06 PM
Creation date
8/28/2008 11:46:43 AM
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BOCC
Date
5/3/2007
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20070503
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-037 Resolution Providing Final Approval for County Installment Financing
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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42 <br />in cash by the County at the time of the disposition) will deemed to be Net <br />Proceeds and subject to the provisions of Article VI of the Financing Contract. <br />1-4 County's Obligation I,i~nited. Notwithstanding any other provision <br />of this Deed of Trust, the parties intend that this transaction comply with North <br />Carolina General Statutes Section 160-20. No deficiency judgment may be entered <br />against the County in violation of such Section 160A-20. <br />No provision of this Deed of Trust should be construed or interpreted as , <br />creating a pledge of the County's faith and credit within the meaning of any <br />constitutional debt limitation. No provision of this Deed of Trust should be <br />construed or interpreted as an illegal delegation of governmental powers; nor as an <br />improper donation or lending of the County's .credit within the meaning of the <br />North Carolina constitution. The County's taxing power is not and may not be <br />pledged, directly or indirectly contingently, to secure any moneys due under this <br />Deed of Trust. <br />No provision of this Deed of Trust restricts the County's future issuance of <br />any of its bonds or other obligations payable from any class or source of the <br />County's moneys (except to the extent the Financing Documents restrict the <br />incurrence of additional obligations secured by the Mortgaged Property). <br />To the extent of any conflict between this Section and any other provision of <br />this Deed of Trust, this Section takes priority. <br />1-5 County's Continuing Obligations. The County remains liable for <br />full performance of all its covenants under this Deed of Trust (subject to ,the <br />limitations described in Section 1-4), notwithstanding the occurrence of any event or <br />circumstances whatsoever, including any of the following: <br />(a) Any act or omission by SunTrust, or SunTrust's waiver of any right <br />granted or remedy available to it; <br />(b) The forbearance or extension of time for payment or performance of <br />any obligation under this Deed of Trust, whether granted to the County or any other <br />person; <br />(c) The sale or release of all or part of the Mortgaged Property or the <br />release of any party who assumes all or any part of such performance; or <br />9~s6r~r 42 <br />
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