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Agenda - 03-02-2006-8bCC
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Agenda - 03-02-2006-8bCC
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Last modified
9/2/2008 1:47:37 AM
Creation date
8/29/2008 9:10:49 AM
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BOCC
Date
3/2/2006
Document Type
Agenda
Agenda Item
8bCC
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Minutes - 20060302
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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(e) Any warranty, representation or statement made by the County in this <br />Contract, in the Deed of Trust or in the Trust Agreement is found to be incorrect or <br />misleading in any material respect as of the Closing Date. <br />{f) Any lien, charge or encumbrance {other than Permitted <br />Encumbrances} prior to or affecting the validity of the Deed of Trust is found to <br />exist, or proceedings are instituted to enforce any lien, charge or encumbrance <br />against the Mortgaged Property and such lien, charge or encumbrance would be <br />prior to the lien of the Deed of Trust. <br />(g) The County fails to pay when due any principal of or interest on any <br />of its general obligation bonds. <br />10.2. Remedies on Default. Upon the continuation of any E~Tent of Default, <br />the Company may, without any further demand or notice, exercise any one or more <br />of the following remedies: <br />(a) Declare the unpaid principal components of the Installment. <br />Payments, and the accrued interest thereon, immediately due and payable; <br />(b) Proceed by appropriate court action to enforce performance by the <br />County of the applicable covenants of tlus Contract, the Deed of Trust or the Trust <br />Agreement or to recover for the breach thereof; and <br />(c) Avail itself of all available remedies under the Deed of Trust, <br />including foreclosure on the Pledged Facility and recovery of attorneys' fees and <br />other expenses, and of all other remedies available at lauT or in equity. <br />The Company's exercise of remedies is subject to the limitations set forth in <br />Article XII. <br />10.3. No Remedy Exclusive; Delay Not Waiver. All remedies under this <br />Contract are cumulative and may be exercised conctu~rently or separately. The <br />exercise of any ane remedy will not be deemed an election of such remedy or <br />preclude the exercise of any other remedy. If any Event of Default occurs and is <br />thereafter waived, such ~~Taiver ~~Till be limited to the particular breach so waived <br />and ~~jill not be deemed a waiver of any other breach under this Contract. <br />ARTICLE XI <br />ASSIGNMENTS <br />93361v2 22 <br />
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