Orange County NC Website
60 <br /> except to the extent payable from Bond proceeds,investment earnings,Net Proceeds related to casualty or <br /> condemnation proceeds,or amounts derived from the enforcement of remedies on default. <br /> As security for the 2019B Bonds, the Prior Bonds and any additional bonds issued under the <br /> Trust Agreement on a parity therewith (the "Additional Bonds" and, together with the 2019B Bonds and <br /> the Prior Bonds,the"Bonds"),the County has executed and delivered to a deed of trust trustee(the"Deed <br /> of Trust Trustee"), for the benefit of the Trustee, a Deed of Trust dated as of June 1, 2018 (the "2018 <br /> Deed of Trust"), and a Deed of Trust Supplement dated as of May 1, 2019 (the "First Deed of Trust <br /> Supplement"), supplementing the 2018 Deed of Trust(as so supplemented,the"Existing Deed of Trust"), <br /> granting a lien of record on the site of the County's Government Services Annex located in Hillsborough, <br /> North Carolina (the "Government Services Annex"), the County's Meadowlands Emergency Operations <br /> Center located in Hillsborough, North Carolina (the "Emergency Operations Center"), the County's <br /> Visitors Center in Chapel Hill, North Carolina (the "Visitors Center") and land owned by the County in <br /> Hillsborough, North Carolina, which will be the site of the County's Northern Campus (the "Northern <br /> Campus"), the County's Link Center (the "Link Center"), the County District Attorney's office building <br /> (the "District Attorney's Building"), and the real estate improvements thereon and appurtenances thereto <br /> (collectively, the "Existing Mortgaged Property"), all as more particularly described in the Existing Deed <br /> of Trust, subject only to Permitted Encumbrances (as defined in Appendix C hereto). As security for the <br /> Bonds and in connection with the issuance of the 2019B Bonds, the County will execute and deliver to <br /> the Deed of Trust Trustee, for the benefit of the Trustee, a Deed of Trust Supplement #2 dated as of <br /> November 1, 2019 (the "Second Deed of Trust Supplement"), supplementing the Existing Deed of Trust <br /> (as so supplemented, the "Modified Deed of Trust"), granting a lien of record on the site of the County's <br /> Southern Campus, located in Chapel Hill, North Carolina (the "Southern Campus"), and the real estate <br /> improvements thereon and appurtenances thereto (the "2019B Mortgaged Property" and, together with <br /> the Existing Mortgaged Property,the"Mortgaged Property"), subject only to Permitted Encumbrances. <br /> The Modified Deed of Trust authorizes future obligations evidenced by Additional Bonds as <br /> described below, to be secured by the Modified Deed of Trust, provided that the total amount of present <br /> and future obligations secured by the Modified Deed of Trust at any one time does not exceed <br /> $200,000,000 and such future obligations are incurred not later than 30 years from the date of the 2018 <br /> Deed of Trust. <br /> In addition, the County will grant to the Trustee a lien on and security interest in all moneys held <br /> by the Trustee in the funds and accounts created under the Trust Agreement. <br /> If a default occurs under the Trust Agreement, the Trustee is authorized to direct the Deed of <br /> Trust Trustee to foreclose on the Mortgaged Property and apply the proceeds received as a result of any <br /> such foreclosure to the payment of the amounts due to the owners of the 2019B Bonds and the Prior <br /> Bonds, subject to the rights of the owners of any other Bonds. No assurance can be given that any such <br /> proceeds will be sufficient to pay the principal of and the interest on the Bonds. In addition, no <br /> deficiency judgment can be rendered against the County if the proceeds from any such foreclosure sale <br /> (together with other funds that may be held by the Trustee under the Trust Agreement) are insufficient to <br /> pay the Bonds in full. The 2019B Bonds do not constitute a pledge of the County's faith and credit within <br /> the meaning of any constitutional provision. See the caption "SECURITY AND SOURCES OF <br /> PAYMENT OF 2019B BONDS"herein. <br /> THE 2019B BONDS <br /> The 2019B Bonds will be dated as of their date of delivery. Interest is payable on April 1 and <br /> October 1 of each year, beginning October 1, 2020, at the rates set forth on the inside front cover page of <br /> 4 <br />