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Agenda - 11-13-2018 8-e - Nonprofit Capital Funding Loan Agreement
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Agenda - 11-13-2018 8-e - Nonprofit Capital Funding Loan Agreement
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11/8/2018 2:04:34 PM
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BOCC
Date
11/13/2018
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8-e
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Agenda - 11-13-2018 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 11-13-2018 Regular Meeting
Minutes 11-13-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
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41 <br /> (i) any and all damages,penalties, fines, claims, liens, suits, liabilities, costs <br /> (including clean-up costs),judgments and expenses (including attorneys', <br /> consultants' or experts'fees and expenses) of every kind and nature suffered <br /> by or asserted against the County or the Deed of Trust Trustee as a direct or <br /> indirect result of any warranty or representation made by the Property Owners <br /> in subsection(a)being false or untrue in any material respect, or any <br /> requirement under any law or regulation which requires the elimination or <br /> removal of any hazardous materials, substances, wastes or other <br /> environmentally regulated substances by the County,the Property Owner or <br /> any transferee or assignee of the Property Owners or the County. <br /> (c) The Property Owners' obligations under this Section shall continue in effect <br /> notwithstanding satisfaction of the obligations or foreclosure under this Deed of Trust or delivery <br /> of a deed in lieu of foreclosure. <br /> 2-9 Use of Mortgaged Property. Unless required by applicable law or unless the <br /> County has otherwise agreed in writing,the Property Owner shall not use the Mortgaged <br /> Property for any purposes other than that for which the same was intended as of the date of this <br /> Deed of Trust. The Property Owner shall in no event use the Mortgaged Property or any part <br /> thereof nor allow the same to be used for any unlawful purpose or in violation of any certificate <br /> of occupancy or other permit or certificate, or any law, ordinance or regulation. <br /> 2-10 Right of Entry and Inspection. The County and its representatives and agents <br /> shall have the right to enter upon and inspect the Mortgaged Property from time to time during <br /> construction and after the completion of construction of any improvements, and the Property <br /> Owner shall cause any vendor, contractor or sub-contractor to cooperate with the County and its <br /> representatives and agents during such inspections. <br /> No right of inspection or approval granted in this Section shall be deemed to impose upon <br /> the County any duty or obligation whatsoever to undertake any inspection or to make any <br /> approval. No inspection made or approval given by the County shall be deemed to impose upon <br /> the County any duty or obligation whatsoever to identify or correct any defects in the <br /> improvements or to notify any person with respect thereto, and no liability shall be imposed upon <br /> the County, and no warranties (either express or implied) are made by the County as to the <br /> quality or fitness of any improvement, any such inspection and approval being made solely for <br /> the County's benefit. <br /> 2-11 Security Agreement. With respect to any fixtures comprising a portion of the <br /> Mortgaged Property,this Deed of Trust is made and declared to be a security agreement in favor <br /> of the County encumbering each and every item of such property included herein as a part of the <br /> Mortgaged Property, and the Property Owner grant a security interest to the County in and to all <br /> of such fixtures. The remedies for any violation of the covenants,terms and conditions of the <br /> security agreement contained in this Deed of Trust shall be (a) as prescribed herein or(b) as <br /> prescribed by general law, at the County's sole election. <br /> 2-12 Further Instruments. Upon the County's request,the Property Owner shall <br /> execute, acknowledge and deliver such further instruments reasonably necessary or desired by <br /> the County to carry out more effectively the purposes of this Deed of Trust or any other <br /> 6 <br />
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