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2018-368-E Housing - Rebuilding Together development agreement
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2018-368-E Housing - Rebuilding Together development agreement
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Last modified
8/13/2018 10:07:27 AM
Creation date
8/13/2018 9:39:35 AM
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Contract
Date
7/13/2018
Contract Starting Date
7/13/2018
Contract Document Type
Agreement
Agenda Item
6/6/17; 5/5/16
Amount
$78,538.00
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R 2018-368 Housing - Rebuilding Together development agreement
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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Rev August 8, 2018 <br />6. Compliance with Laws. Grantor shall promptly comply with any applicable <br />legal requirements of the State of North Carolina or other governmental entity, agency or <br />instrumentality relating to the use or condition of the Premises. <br /> <br />7. Condemnation Award. Any award for the taking of, or damages to, all or any <br />part of the Premises or any interest therein upon the lawful exercise of power of eminent <br />domain shall be payable to Beneficiary who may apply the sums so received to the portion of <br />the debt hereby secured last falling due or in such other manner as Beneficiary may desire, <br />subject to applicable law. <br /> <br />8. Payments by Beneficiary. If Grantor shall be in default in the timely payment or <br />performance of any obligation under this Deed of Trust, the Loan Agreement or the Note and <br />any Change Order Note, Beneficiary, at its option may pay the sums for which Grantor is <br />obligated. Further, Beneficiary, at its option, may advance, pay or expend such sums as may be <br />proper and necessary for the protection of the Premises and the maintenance of this trust <br />including but not limited to sums to satisfy taxes or other levies, and assessments and/or liens, to <br />maintain insurance (including title insurance), to make repairs and to provide security guards. <br />Any amounts so advanced, paid or expended shall be deemed principal advances secured by this <br />Deed of Trust (even though when added to other advances the sum thereof may exceed the face <br />amount of the Note) , shall bear interest from the time advanced, paid or expended at the rate <br />prescribed in the Note and any Change Order Note and secured by this Deed of Trust and its <br />payment enforced as if it were a part of the original debt. Any sum expended, paid or advanced <br />under this paragraph shall be a Beneficiary's sole option and shall not constitute a waiver of any <br />default or right arising from the breach by Grantor of any covenant or agreement contained <br />herein or in the Note or Loan Agreement. <br /> <br />9. Rents and Profits. Where applicable the Grantor hereby assigns to Beneficiary <br />all rents and profits from the Premises as additional security for the payment of the <br />indebtedness hereby secured and full performance of the undertakings of Grantor hereunder. <br />Beneficiary is given a prior and continuing lien thereon, and Grantor hereby appoints <br />Beneficiary his attorney to collect such rents and profits with or without suit and apply the <br />same (less expenses of collection) to the indebtedness secured hereby and the performance of <br />the undertakings provided herein in such manner as Beneficiary may desire. However, until <br />default hereunder or under the Note and any Change Order Note, Grantor may continue to <br />collect and enjoy such rents and profits without accountability to Beneficiary. This assignment <br />shall be irrevocable and shall be in addition to other remedies herein provided for in the event <br />of default and may be put into effect independently of or concurrently with any of said <br />remedies. <br /> <br />10. Grantor's Continuing Obligation. At the option of the Beneficiary, Grantor <br />shall remain liable for full payment of the principal and interest on the Note and any Change <br />Order Note (or any advancement or obligation), notwithstanding any of the following: <br /> <br />(a) The sale of all or part of the Premises; <br />(b) the assumption by another party of the Grantor's obligation hereunder; <br />DocuSign Envelope ID: 62EC95C2-2AA8-49D7-B576-F94193C9DB65
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