Orange County NC Website
12 <br /> void and will be canceled of record at the County's request and cost, and title will <br /> revert as provided by law; <br /> BUT IF, HOWEVER, THERE OCCURS AN EVENT OF DEFAULT UNDER THE <br /> LOAN DOCUMENTS, then BNY-M will have the remedies provided for in this <br /> Supplement and the 2018 Deed of Trust (together, the "Modified Deed of Trust"), <br /> including directing the Deed of Trust Trustee to sell the Mortgaged Property under <br /> power of sale. <br /> The County covenants with the Deed of Trust Trustee and BNY-M that the <br /> County is seized of and has the right to convey the Mortgaged Property in fee simple, <br /> that the Mortgaged Property is free and clear of all liens and encumbrances other <br /> than Permitted Encumbrances, as defined in the 2018 Agreement and the 2019 <br /> Agreement, that title to the Mortgaged Property is marketable, and that the County <br /> will forever warrant and defend title to the Mortgaged Property (subject to the <br /> Permitted Encumbrances) against the claims of all persons. <br /> THE COUNTY COVENANTS AND AGREES with the Deed of Trust Trustee and <br /> BNY-M (and their respective heirs, successors and assigns), in consideration of the <br /> foregoing, as follows: <br /> 1. Security Provided <br /> 1-1 Security for Payment and Performance. The Modified Deed of <br /> Trust secures the County's payment, as and when the same become due and <br /> payable, of all amounts payable by the County under the Loan Documents (the <br /> "Obligations") and the County's timely compliance with all terms, covenants and <br /> conditions of (a) the Loan Documents and (b) any Additional Bonds, as defined in <br /> and as may be executed and delivered pursuant to the 2018 Agreement. <br /> 1-2 Present and Future Advances. This Deed of Trust is executed to secure <br /> all the County's present and future obligations to the Trustee related to the <br /> Mortgaged Property as described in and pursuant to the 2018 Deed of Trust. The total <br /> amount, including present and future obligations, that may be secured by this Deed of <br /> Trust at any one time is $200,000,000. The period within which future obligations <br /> may be incurred is 30 years from June 1, 2018. <br /> 4 <br />