Orange County NC Website
2'4 <br /> NOW, THEREFORE, THIS INDENTURE OF TRUST WlTNESSETH: <br /> That the Corporation, in consideration of the premises and the mutual covenants herein contained <br /> and for the benefit of the owners of the Bonds and the sum of$1.00 to it duly paid by the Trustee at or <br /> before the execution of these presents,and for other good and valuable consideration,the receipt of which <br /> is hereby acknowledged, in order to secure the payment of the principal of,premium, if any, and interest <br /> on all Bonds at any time outstanding under this Indenture, according to their tenor and effect, and to <br /> secure the performance and observance of all the covenants and conditions in the Bonds and herein <br /> contained, and to declare the terms and conditions on and subject to which the Bonds are issued and <br /> secured, has executed and delivered this Indenture and has granted,warranted,aliened,remised,released, <br /> conveyed, assigned, pledged, set over and confirmed, and by these presents does grant, warrant, alien, <br /> remise, release, convey, assign, sell, set over and confirm unto FIRST UNION NATIONAL BANK OF <br /> NORTH CAROLINA, as the Trustee, and to its successors and assigns forever, all and singular the <br /> following described property, franchises and income: <br /> (a) All rights, title and interest of the Corporation in and to the CAC and all revenue <br /> received pursuant to the operation of the CAC; <br /> (b) All moneys and securities from time to time held by the Trustee under this <br /> Indenture in any fund or account other than the Rebate Fund and any and all other personal <br /> property of every name and nature from time to time hereafter by delivery or by writing of any <br /> kind, pledged or hypothecated, as and for additional security hereunder, by the Corporation, or <br /> by anyone on its behalf, in favor of the Trustee, which is hereby authorized to receive any and <br /> all such property at any and all times and to hold and apply the same subject to the terms hereof; <br /> (c) All rights, title and interest of the Corporation to the County's Payment <br /> Obligations under the Contract; and <br /> (d) The Deed of Trust. <br /> TO HAVE AND TO HOLD the same with all privileges and appurtenances hereby conveyed and <br /> assigned, or agreed or intended to be, to the Trustee and its successors in said trust and assigns forever; <br /> IN TRUST, NEVERTHELESS, on the terms herein set forth for the equal and proportionate <br /> benefit, security and protection of all owners of Bonds, without privilege,priority or distinction as to the <br /> lien or otherwise of any of the Bonds over any other of the Bonds; <br /> PROVIDED, HOWEVER, that if the Corporation pays or causes to be paid the principal of, <br /> premium, if any, and interest due and payable on all Outstanding Bonds, pays or causes to be paid all <br /> other sums payable by the Corporation, including all fees, expenses and other amounts payable to the <br /> Trustee, and the Paying Agent, then, and in that case, the right, title and interest of the Trustee in and <br /> to the Trust Estate will then cease, terminate and become void and this Indenture and the rights hereby <br /> granted shall cease, determine and be void; otherwise this Indenture to be and remain in full force and <br /> effect. <br /> THIS INDENTURE FURTHER WITNESSETH and it is expressly declared, that all Bonds <br /> executed, delivered and secured hereunder are to be executed, authenticated and delivered and all said <br /> property, rights, interests, revenues and receipts hereby pledged, assigned and mortgaged are to be dealt <br /> with and disposed of under, on and subject to the terms, conditions, stipulations,covenants, agreements, <br /> • 2 <br />